These are the Terms of Use for all websites, applications and other media (Media) owned or operated by West Australian Newspapers Limited (ABN 98 008 667 632) (WAN, we, us, our).
These Terms of Use apply to all users of the Media whether or not the user is a subscriber, is acting in a personal capacity or on behalf of a business, has accessed the Media directly or indirectly including through any means of technology (User, you, your).
By accessing a Media each User agrees to be bound by and comply with these Terms of Use. WAN may update these Terms of Use from time to time without notice to Users so you should check the latest version each time you access a Media by clicking on the Terms of Use section.
These Terms of Use should be read in conjunction with our Privacy Policy available here and other applicable terms including:
in the case of subscribers, the Subscription Terms available here;
in the case of advertisers, the Advertising Terms available here;
in the case of The Game, The Game Terms available here; and
in the case of the Streamer app, the Streamer Terms available here
(Other Terms).
If there is any inconsistency between these Terms of Use and one or more Other Terms, the Other Terms will prevail.
Permitted Use
If you are not a subscriber to a Media we grant you a limited, royalty free, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and view the Media in Australia for the sole purpose of viewing the Media to determine if you would like to become a subscriber to that Media or to access and use services that we may elect to make available to non-subscribers.
If you are a subscriber your subscription will be governed by the applicable Other Terms referred to above which will prevail if there is any inconsistency with these Terms of Use. For example in the case of a subscription to our Digital or Print Media the Subscription Terms will prevail.
Prohibitions
Without WAN’s prior written permission, a User must not modify, copy, distribute, transmit, publicly display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, data, content or software obtained from the Media including (without limitation) in connection with:
press clipping or media monitoring services including providing archived or cached data sets containing our content to another person or entity;
price comparison websites; or
the development of any software program including to train a machine learning or artificial intelligence (AI) system.
You acknowledge and agree that the Media are ad funded and you must not use any ad blocking technology to block advertising being served via our Media. You may adjust your cookies settings via our Cookies Policy here.
Third Party Links
If a Media displays any links to third party websites you acknowledge and agree that:
WAN may receive commission when you click through to certain affiliate websites;
in clicking on the link you will leave the Media and WAN has no control over those third party websites;
you access and use third party websites, goods and services at your own risk; and
you may be required to agree to terms and conditions and privacy policies for each third party site.
Disclaimers
The content on each Media is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk.
Content included on any Media is prepared as general information only. It is not advice and should not be substituted for personal advice which takes into account your individual health, financial or other circumstances.
Liability
Except to the extent required under applicable laws including the Australian Consumer Law, WAN excludes all liability arising from or in connection with your use of any Media.
The Independent Media Council
For any complaints regarding news content on any Media please contact The Independent Media Council?here.
Severability
If any provision of these Terms of Use is deemed to be invalid by a court of competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect.
No waiver
A delay by a party in exercising a right will not amount to a waiver of that right.
Governing law
These Terms of Use are governed by the laws of Western Australia, Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia.