PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
1 Use of this site
1.1 Your use of this site, which is provided by bChannels Pty, Ltd (“The Channel Company”, “our”, “we”, ”us”) is expressly conditional upon your acceptance of the following terms and conditions. By using this site, you signify your consent to be bound by these terms and conditions. If you do not agree with any part of the following terms and conditions you must not use this site. Some areas of the site require registration. By completing the initial registration form and by entering your email address and password, you will be deemed to have accepted these terms and conditions. Also, by subscribing to any of our email services, you are deemed to have accepted these terms and conditions. If you register with this site, you should read our Privacy Policy.
2 Registration
2.1 Access to the registration areas of the site is permitted on the basis that:
(a) your email address and password are personal to you and may not be used by anyone else to access this site;
(b) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of this site;
(c) you do not create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor do you seek to pass yourself off as another user.
2.2 It is your responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under your username and password. We will not be liable where your password is used by someone else. We reserve the right to cancel your account and to ban you from registering a new account if the security of your account is compromised in any way and for any reason. You must promptly notify us in writing at [email protected] if you become aware of any unauthorised use of your login details or any other breaches of security in connection with your registration.
3 User Submissions
3.1 For the purposes of these terms and conditions “User Content” means material including, without limitation, text, video, photographs, graphics, audio, and competition entries whether published on this site or not and whether copyright of The Channel Company or a third party.
3.2 Users of this site may submit User Content including but not limited to text including comments and blogs, videos, photographs, graphics and/or audio for publication in various areas of the site, including our forums and blogs. When you submit a video, photograph or other User Content to us, you must comply with these terms and conditions. We do not guarantee any confidentiality with respect to such User Content whether published or not. Submission of any User Content is subject to the following terms:
(a) you must not impersonate any person, or misrepresent your identity or affiliation with any person;
(b) you warrant to us that any User Content you submit is your own original work and that you own the copyright and any other relevant rights, and the Company's use of the User Content in accordance with these terms and conditions does not breach any applicable laws or rights, including any third-party intellectual property rights;
(c) you must obtain the permission of all of the people featured or referred to in the User Content (and, if they are under 16, their parents or guardians as well) to our use of the User Content;
(d) publication of any User Content you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the User Content prior to publication, or to refuse publication;
(e) you grant us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, transferable licence to use, edit, sub-license, reproduce, record, modify, translate, distribute, play, perform, make available to other users of this website, prepare derivative works of and to display any User Content you submit to us in any format, including without limitation print and electronic format and you agree to waive your moral rights in the User Content and consent to us and our licensees doing any act in relation to the User Content which may otherwise infringe your moral rights, including any failure to attribute you as the author of the User Content or using the User Content in a way that results in derogatory treatment;
(f) you agree not to submit User Content which is deliberately intended to upset other users or contrary to our Privacy Policy, or contrary to applicable local, national, and international laws and regulations. You warrant that the User Content you submit does not infringe any individual’s right to privacy and is not false, misleading, harmful, offensive, defamatory, obscene, harassing, threatening, hateful or otherwise degrading or intimidating of any individual or group of individuals on the basis of religion, gender, race, sexual orientation, ethnicity, age, or disability, or otherwise unlawful;
(g) you must not endanger yourself or others, take any unnecessary risks in order to produce or make any User Content;
(h) you must not submit User Content which advertises a product or service, or promotes a pyramid or solicitation scheme;
(i) you acknowledge that any breach of these obligations and warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third-party liabilities, claims, costs, loss or damage we incur in connection with of publishing User Content you submit to us, including consequential losses.
3.3 We do not keep any ‘comments’ that are not accepted for publication but may retain other User Content even if this is not published. We have no obligation to you to keep any User Content or to return it to you or remove it from this website or anywhere else we may have published it at any time.
3.4 You must not send submit any User Content that contains viruses, worms, or any other destructive elements.
We do not endorse any User Content, or any opinion, recommendation, or advice expressed in User Content, and we expressly disclaim any and all liability in connection with such material and are not responsible for its content and/or accuracy. The Channel Company does not permit copyright infringing activities and infringement of intellectual property rights on this website, and we will remove any User Content if properly notified that such material infringes another’s intellectual property rights. We reserve the right to remove User Content, or to delete or hide User Content after it has been published in our absolute discretion without prior notice.
4 Safety, Complaints, and Reporting Abuse
4.1 You are advised not to reveal any personal information about yourself or anyone else (for example: telephone number, email address or home address) in User Content you submit for the website. You are entirely responsible for maintaining the confidentiality of your details when using this website.
4.2 If you become aware of any misuse of the site or breach of these terms and conditions, wish to complain about any User Content or material on the site or believe any of your rights have been violated, you can notify us using any of the “Contact Us” links on the site (you will need to be a Registered User to do this). This is the quickest way to contact us. Alternatively, you can contact us at [email protected]. We will need to know the following:
(a) Nature of your complaint and location within the site of the particular User Content or user;
(b) For copyright disputes, identification of the copyright work you claim has been infringed and identification of the User Content that you claim is infringing the copyright work – usually the URL of the User Content;
(c) A statement that you have a good-faith belief the disputed use is not authorised by the copyright owner, its agent, or the law and that you are the owner of the copyright interest involved or are authorised to act on behalf of the owner; and
(d) Your name, address, telephone number and email address and such other information as we may reasonably request.
4.3 We reserve the right to immediately terminate or suspend access to the website in response to conduct that we believe interferes with other people’s enjoyment or legal rights.
5 Copyright and other intellectual property rights
5.1 All copyright and other intellectual property rights in this website (including without limitation in relation to the text, photographs, graphics, audio-visual material and other content) are owned or controlled by The Channel Company or its licensors.
5.2 You may download and print extracts from the site and make copies of these for your own personal and non-commercial use only. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on this website.
5.3 You must not reproduce any part of this website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated in writing that you may do so. The design, arrangement and look and feel of this website are also the copyright of The Channel Company and/or its licensors and may not be copied or otherwise reproduced.
The trademarks, trade names and logos displayed on this website are the property of The Channel Company and/or its licensors or other third parties. Users should not reproduce or use these without the prior written permission of The Channel Company or the relevant third party.
6 Security
6.1 You must not do anything in relation to this website which:
(a) attempts to interfere with or disrupt the website or other users, services or equipment;
(b) damages, modifies or destroys any of our or any other person’s files, data, passwords, devices or resources; or
(c) makes an unauthorised transmission of confidential information or data protected by trade secrets;
(d) distributes messages to inappropriate or unrelated forums, newsgroups or mailing lists;
(e) sends unsolicited commercial messages;
(f) initiates or spreads computer worms, viruses or other types of malicious programs;
(g) attempts to reconfigure the website in any way or modify, reverse engineer, disassemble, decompile, copy or cause unintended effect to any part of the website or any software used on the website;
(h) data scrape the website either manually or by use of a web spider, web robot or any other web crawling or other technology; or
(i) attempt to obtain unauthorised access to any part of the website, or to our servers or any hardware supporting the website.
6.2 You must not use any content on this website, including any User Content, in any manner for the purposes of text or data mining, training machine learning models or training artificial intelligence technologies.
7 General Disclaimer
7.1 We are providing this website and its contents on an ‘as is’ and 'as available' basis for information purposes only. You agree that your access to and use of the website will be at your sole risk. To the maximum extent permitted by law, we exclude all representations or warranties of any kind. In addition, we do not represent or warrant that the information accessible via this website is accurate, complete or current.
7.2 We will not be liable for any loss which may result from the use of this website including, without limitation, loss due to any computer virus or viruses which may infect your computer equipment as a result of your access to or use of this website or your downloading of any materials, data, text, images, video or audio from this website (except for death or personal injury attributable to our negligence, wilful misconduct and/or fraud and any liability that cannot be excluded by law).
7.3 If, for any reason, we believe that you have not complied with any of these terms and conditions of use, we may, at our discretion (without prejudice to our other rights or remedies), cancel your access to the registration areas of the site immediately and without giving you any advance notice or reason. If we wish to bring the agreement to an end, we will do so by emailing you at the address you have registered stating that the agreement has terminated. The agreement will terminate and your email address and password will become invalid on this website immediately.
7.4 You indemnify us and our affiliated companies against any third-party liabilities, claims, costs, loss or damage we incur in connection with any breach of these terms and conditions by you.
7.5 Nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that our liability will be limited to:
(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of products, the cost of replacing the products or supplying equivalent products.
8 Other websites and services
8.1 You can access other sites via links or URL re-directions from this site. These sites are not under our control, and we are not responsible in any way for any of their contents or their privacy or security practices. The presence of links does not amount, expressly or impliedly, to any endorsement of those websites or the goods, services or information provided there. You agree that we will not be party to any transaction or contract with any third party that you may enter into, and we will not be liable to you for any loss or damage which you may suffer by using those third-party websites and services. You agree you will not involve us in any dispute you may have with any such third-party website or service.
9 Privacy, Spam and Data Protection
9.1 Any personal information collected from this website will be collected, used, disclosed and stored by us in accordance with our Privacy Policy and the Privacy Act 1988 (Cth), as amended or updated from time to time and any other relevant or successor legislation.
9.2 You acknowledge and agree that we can send you communications, including electronically, in connection with your registration.
9.3 If you have opted into receiving marketing communications, you consent to us or our partners (as applicable) sending you electronic communications, including by email and SMS, and agree that we may share your personal information with our partners for this purpose.
9.4 You agree that you will only share the personal information of third parties with us where you have first obtained their consent and have taken reasonable steps to notify them of our Privacy Policy.
10 Force majeure
10.1 Although we will do our best to provide constant, uninterrupted access to this site we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
11 Severance, Governing Law & Jurisdiction
11.1 If any provision of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these terms and conditions which shall remain in full force and effect.
11.2 These terms and conditions are governed by law of New South Wales, Australia and the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
11.3 References to ‘The Channel Company’, ‘us’, ‘our’, and ‘we’ are to The Channel Company - bChannels Pty., Ltd., The Commons 388 George Pty Ltd, Mezzanine, 388 George Street, Sydney, NSW 2000, Australia.
12 Updates
12.1 These terms were last updated on 1st October 2024 and may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted.
