Welcome to www.newsary.co (Website). The Website allows you to access and use the
Newsary's suite of virtual comms and PR assistant (Services).
The Website is operated by Newsary Pty Ltd, ACN/ABN 72 669 333 902 . Access to and
use of the Website, or any of its associated products or Services, is provided by Newsary
Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing
and/or reading the Website, this signifies that you have read, understood and agree to be
bound by the Terms. If you do not agree with the Terms, you must cease usage of the
Website, or any of Services, immediately.
Newsary Pty Ltd reserves the right to review and change any of the Terms by updating this
page at its sole discretion. When Newsary Pty Ltd updates the Terms, it will use reasonable
endeavours to provide you with notice of updates to the Terms. Any changes to the Terms
take immediate effect from the date of their publication. Before you continue, we
recommend you keep a copy of the Terms for your records.
You accept the Terms by remaining on the Website. Where the option is available in the user
interface, you may also accept the Terms by clicking to accept or agree to the Terms.
Newsary's suite of virtual comms and PR assistant is an AI-powered suite of applications
providing public relations and external communications services.
Freemium, Business and Enterprise (pay-per-seat) accounts are currently offered. You
acknowledge and agree that the accounts offered, as well as the account features may
change from time to time, and may be governed by separate terms which apply specific to
the account. Where special account-specific terms apply, you will be informed, and must
accept those terms before you are given such an account. For the avoidance of doubt
these Terms apply unless otherwise agreed or amended by account-specific terms.
Some accounts may be governed by a separate Software Licensing Agreement with
Newsary Pty Ltd, which may amend the terms of use. For the avoidance of doubt these
resources.
Terms apply unless otherwise agreed or amended by the terms of an applicable Software
Licensing Agreement.
Newsary's suite of virtual comms and PR assistant, its related features, and website must
only be used lawfully. Newsary Pty Ltd reserves the right to suspend, cancel, or otherwise
deny access to users and accounts who use the service:
Newsary Pty Ltd takes your privacy seriously and information provided through your use of the
Website and/or Services are subject to Newsary Pty Ltd’s Privacy Policy, which is available on the
Website. The Privacy Policy also addresses Newsary Pty Ltd’s processes, policies, and
obligations in respect of Newsary's suite of virtual comms and PR assistant security breaches.
Newsary Pty Ltd collects, stores, and processes your data on Newsary's suite of virtual comms
and PR assistant. The data is used to provide Services to you, as well as to facilitate Newsary Pty
Ltd’s business operations. The Privacy Policy outlined how your data is collected, stored, and
processed by Newsary Pty Ltd. The Privacy Policy also addresses Newsary Pty Ltd's processes,
policies, and obligations in respect of data encryption and removal requests.
In order to access the Services, you must first purchase a subscription through the Website
(Subscription) and pay the applicable fee for the selected Subscription (Subscription
Fee). After purchasing a Subscription, you will be considered a member (‘Member’).
In purchasing the Subscription, you acknowledge and agree that it is your responsibility to
ensure that the Subscription you elect to purchase is suitable for your use.
Before, during or after you have purchased the Subscription, you will then be required to
register for an account through the Website before you can access the Services (Account).
As part of the registration process, or as part of your continued use of the Services, you
may be required to provide personal information about yourself (such as identification or
contact details), including but not limited to full name, email address, phone number, and
credit card details.
You warrant that any information you give to Newsary Pty Ltd in the course of completing
the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered user of the
Website and agree to be bound by the Terms ("User"). As a Member you will be granted
immediate access to the Services from the time you have completed the registration
process until the subscription period expires (Subscription Period).
You may not use the Services and may not accept the Terms if:
Subject to the terms of any applicable Software License Agreement, the Subscription Fee
may be paid by all payment methods available on the Website, and may change from time
to time.
Payments made in the course of your use of Newsary's suite of virtual comms and PR
assistant may be made using third-party applications and services not owned, operated, or
otherwise controlled by Newsary Pty Ltd. You acknowledge and agree that Newsary Pty
Ltd will not be liable for any losses or damage arising from the operations of third-party
payment applications and services. You further acknowledge and warrant that you have
read, understood and agree to be bound by the terms and conditions of the applicable
third-party payment applications and services you choose to use as a payment method for
Newsary's suite of virtual comms and PR assistant services.
You acknowledge and agree that where a request for the payment of the Subscription Fee
is returned or denied, for whatever reason, by your financial institution or is unpaid by you
for any other reason, then you are liable for any costs, including banking fees and charges,
associated with the Subscription Fee.
You agree and acknowledge that Newsary Pty Ltd can vary the Subscription Fee at any
time and that the varied Subscription Fee will come into effect following the conclusion of
the existing Subscription.
Newsary Pty Ltd offers refunds in accordance with the Australian Consumer Law and on
the terms set out in these terms and conditions. Any benefits set out in these terms and
conditions may apply in addition to consumer's rights under the Australian Consumer Law.
Newsary Pty Ltd will only provide you with a refund of the Subscription Fee in the event
they are unable to continue to provide the Services or if the manager of Newsary Pty Ltd
makes a decision, at its absolute discretion, that it is reasonable to do so under the
circumstances. Where this occurs, the refund will be in the proportional amount of the
Subscription Fee that remains unused by the Member (Refund).
The Website, the Services and all of the related products of Newsary Pty Ltd are subject to
copyright. The material on the Website is protected by copyright under the laws of Australia
and through international treaties. Unless otherwise indicated, all rights (including
copyright) in the Services and compilation of the Website (including but not limited to text,
graphics, logos, button icons, video images, audio clips, Website code, scripts, design
elements and interactive features) or the Services are owned or controlled for these
purposes, and are reserved by Newsary Pty Ltd or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by
Newsary Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable
license whilst you are a User to:
Newsary Pty Ltd does not grant you any other rights whatsoever in relation to the Website
or the Services. All other rights are expressly reserved by Newsary Pty Ltd.
Newsary Pty Ltd retains all rights, title and interest in and to the Website and all related
Services. Nothing you do on or in relation to the Website will transfer any:
You may not, without the prior written permission of Newsary Pty Ltd and the permission of
any other relevant rights owners: broadcast, republish, up-load to a third party, transmit,
post, distribute, show or play in public, adapt or change in any way the Services or third
party Services for any purpose, unless otherwise provided by these Terms. This prohibition
does not extend to materials on the Website, which are freely available for re-use or are in
the public domain.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any
liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
Use of the Website and the Services is at your own risk. Everything on the Website and the
Services is provided to you "as is" and "as available" without warranty or condition of any
kind. None of the affiliates, directors, officers, employees, agents, contributors and
licensors of Newsary Pty Ltd make any express or implied representation or warranty about
the Services or any products or Services (including the products or Services of Newsary
Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage
you might suffer as a result of any of the following:
Newsary Pty Ltd's total liability arising out of or in connection with the Services or these
Terms, however arising, including under contract, tort (including negligence), in equity,
under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Newsary Pty Ltd, its affiliates, employees,
agents, contributors and licensors shall not be liable to you for any direct, indirect,
incidental, special consequential or exemplary damages which may be incurred by you,
however caused and under any theory of liability. This shall include, but is not limited to,
any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business
reputation and any other intangible loss.
The Terms will continue to apply until terminated by either you or by Newsary Pty Ltd as set
out below.
If you want to terminate the Terms, you may do so by:
Newsary Pty Ltd may at any time, terminate the Terms with you if:
Subject to local applicable laws, Newsary Pty Ltd reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Newsary Pty Ltd's name or reputation or violates the rights of those of another party.
You agree to indemnify Newsary Pty Ltd, its affiliates, employees, agents, contributors, third party
content providers and licensors from and against:
legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with
your content;
or attempts to do so; and/or
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have
been complied with (except where urgent interlocutory relief is sought).
15.2 Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give
written notice to the other party detailing the nature of the dispute, the desired outcome
and the action required to settle the Dispute.
15.3 Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)
must:
expeditiously by negotiation or such other means upon which they may mutually
agree;
not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the Australian Mediation
Association or the Resolution Institute.;
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a precondition to the
mediation commencing. The Parties must each pay their own costs associated with
the mediation;
15.4 Confidential
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as "without prejudice" negotiations for the purpose of applicable laws of
evidence.
15.5 Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has
not been resolved, either Party may ask the mediator to terminate the mediation and the
mediator must do so.
The Services offered by Newsary Pty Ltd is intended to be viewed by residents of Australia. In the
event of any dispute arising out of or in relation to the Website, you agree that the exclusive
venue for resolving any dispute shall be in the courts of New South Wales.
The Terms are governed by the laws of New South Wales. Any dispute, controversy, proceeding
or claim of whatever nature arising out of or in any way relating to the Terms and the rights
created hereby shall be governed, interpreted and construed by, under and pursuant to the laws
of New South Wales, Australia without reference to conflict of law principles, notwithstanding
mandatory rules. The validity of this governing law clause is not contested. The Terms shall be
binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
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