Terms & Conditions

What is Newsboost?

1 Newsboost is a public facing web portal that enables people to view and publish media releases and social media links. It tracks visitor behaviour and traffic to and from the media release in social media portals. It supports anonymous, registered and subscribed users, and provides a newsroom concept as a repository for containing Media releases, videos and other digital assets (Service).

Newsboost comprises the following types of users:

2.1 Publishers can have accounts with one or more newsrooms within which they can publish media releases and post other content, including text, audio clips, photos, videos and comments (Newsroom);

2.2 Users can view and filter all published content and otherwise use the Service; and

2.3 Registered Users can create their own profiles, are able to follow Newsrooms and content, and can post their own comments. 

 

Acceptance of these terms 

3 In these terms, 'we', 'us' and 'our' means iSentia Pty Limited (ABN 11 002 533 851).  'You' and 'your' means a Publisher, User or Registered User.

4 Your use of the Service is subject to these terms, our privacy policy, any applicable user guide issued by us from time to time and the terms of any other agreement between you and us in respect of the Service.  To the extent of any inconsistency between them, the document listed earlier in this paragraph prevails over a document listed later.

 

Registration

5 Registration is optional for Users but Registered Users and Publisher will need to register. To register, you must provide us with a username and password to use the Service.  You warrant that the information is true, correct and up-to-date.

6 You are responsible for:

6.1 maintaining the confidentiality and security of your username and password; and

6.2 all authorised use or activity that occurs on your account.

7 You must promptly notify us if there is any (or any suspected) unauthorised use of your username or password. We will not be responsible for the unauthorised use of your username or password.

 

Payment Terms and Billing

8 Users and Registered Users are permitted free access to the Service.

9 Publishers must pay to use the Service.  Our current fees and corresponding level of service functionality are set out at http://www.newsboost.com/compare-plans. We will provide at least 1 month notice to you of any change in the fees.  Fees are payable monthly in advance. If you wish to cease using the Service, you simply cease paying the fees.

10 Where a party (Supplier) makes a supply under or in connection with these terms of use that is a taxable supply to another party (Recipient), the Recipient must pay to the Supplier an additional amount equal to the GST payable on the supply.  

 

Upgrading and downgrading

11 A Publisher may upgrade or downgrade its level of Service functionality, in which case we will bill the Publisher, and the Publisher must pay, the corresponding fees from the time that the regrade becomes effective.  The Publisher's corresponding usage rights in relation to the Service will change when the regrade becomes effective.

12 For any upgrade the credit card that you provided as part of your registration will automatically be charged a pro-rata amount for the higher level of Service functionality.

13 For any downgrade to your subscription, the reduced fee will become effective at the later of the commencement of the calendar month following your notification to us of your subscription downgrade or the date at which the downgrade becomes effective. 

 

Access 

14 You must only access the Service through the interface provided by us.  You must not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service.

 

Your Content

15 You grant us an irrevocable, perpetual, royalty free, sub-licensable worldwide licence to use your content for any purpose (this includes a right to reproduce, remove, modify and communicate the content) and to permit users to download that content and reproduce, modify and communicate that content in any form to any person.

16 Nothing in these terms shall be construed as assigning or transferring ownership of your content (including intellectual property rights) from you to us.

17 You must ensure, and warrant, that all content that you provide (including any trade marks or branding) in connection with the Service: 

17.1 is not misleading or deceptive;

17.2 complies with all applicable laws; 

17.3 does not defame, ridicule, mock, disparage, threaten, harass, intimidate, abuse, bully, defraud, unlawfully discriminate against, unlawfully incite hatred against any other person; and 

17.4 does not infringe the intellectual property or other rights of any other person and does not constitute a misuse of any person's confidential information.

18 You are fully responsible for content posted by you or by way of your account and you indemnify us against any loss, damage, cost or expense incurred by us arising out of a breach of paragraphs 15 and 17 by you or by persons using your account.  

19 We do not control the content posted on the Service and as such we do not guarantee the accuracy, integrity or quality of such content.

20 Inappropriate content (as determined by us) is unwelcome and may be removed by us without notice.  We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting inappropriate content.

 

Content Acknowledgement

21 You acknowledge that: 

21.1 the Service will provide you with third party content provided by Publishers and Registered Users;

21.2 we do not check, verify or guarantee the accuracy, completeness, lawfulness or currency of that content and we are not otherwise responsible for that content; and

21.3 you use the Service at your own risk and are responsible for any decision that you make in connection with your use of the Service. 

 

Provision of Newsboost

22 We will endeavour to ensure the availability of the Service.  However we do not guarantee that:

22.1 the Service will meet your requirements; or

22.2 the provision of the Service will be uninterrupted, timely, secure, error free or free of viruses, worms or bugs.

 

Your acknowledgements and our respective liability

23 To the extent permitted by law, we exclude all consumer guarantees that may apply to the Service and any other terms implied by custom, law or statute in relation to the Service or these terms.  Our liability whether in contract, tort (including negligence) or otherwise for a breach of any such guarantee or term is limited to:

23.1 in the case of services, resupplying or paying the cost of resupplying services; or

23.2 in the case of goods, replacing, supplying equivalent, repairing or paying the cost of replacing, supplying equivalent, repairing goods.

24 We will not be liable for any loss of profit or for any direct, special, indirect, consequential or economic loss or damage.

25 Nothing in these terms excludes, restricts or modifies any condition, warranty, guarantee, right or remedy under a mandatory law.

 

Consent to Collection & Disclosure of Personal Information

26 When you use the Service you consent to:

26.1 The collection of your personal information which may include your name, occupation, email address and details of material you access when you use the Service.

26.2 The use, disclosure and transfer of your personal information will be strictly according to the terms of our Privacy Policy.

 

Collection of information

27 We may make a record of your use of the Service and log it for statistical and business purposes.  We may use cookies and record your server address, domain name, IP address, the date and time of your visit, pages accessed, documents downloaded, previous site visited and the type of browser used.  

28 If you do not wish information to be gathered on a cookie you can change your cookie preferences by changing your browser's preferences to disable cookies or delete cookies but this may affect the ability to use the Service.

 

Cancellation and termination

29 We may immediately terminate your registration if we determine that:

29.1 you have breached these terms of use;

29.2 your use of or access to the Service breaches any applicable law.

30 We may suspend or terminate your account or refuse to provide you with an account at our discretion.  

31 On termination of a Publisher account for any reason, we may permanently delete any content that we have received from the Publisher or a Registered User.

 

General 

32 You must not resell, rent or commercially exploit the Service.

33 We may vary, enhance, replace or cease providing the Service at any time.

34 We may alter these terms of use and your continued use of the Service following such amendment will mean that you accept and agree to the changes.

35 These terms are governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales.