As at 04/09/01*

1. General
   The Web-Site is operated by dmg from its offices at Level 6, 534 Church Street, Richmond Victoria 3121.
   The Web-Site must be used in accordance with the Web-Site Terms and Conditions. By using the Web-Site the User acknowledges and agrees to be bound by the Web-Site Terms and Conditions.
   In these Web-Site Terms and Conditions "use" includes using any part of the Web-Site, by any means, for any purpose.
2. Disclaimer and limitation of liability
   1. To the extent permitted by law, dmg excludes all warranties and representations in relation to or in connection with the Web-Site, the Linked-Sites and the Contents, including all implied warranties of merchantability, fitness for purpose and non-infringement of intellectual property rights. If a term is implied by law into these Web-Site Terms and Conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Web-Site Terms and Conditions. However, dmg’s liability for breach of such term will be limited, at dmg’s option, to one or more of the following:
      1. in relation to goods:
         1. the replacement of the goods or the supply of equivalent goods;
         2. the repair of such goods;
         3. the payment of the cost of replacing the goods or acquiring equivalent goods; or
         4. payment of the cost of having the goods repaired;
      2. in relation to services:
         1. the supply of the services again; or
         2. the payment of the cost of having the services supplied again.
   2. To the extent permitted by law, dmg and its officers, employees, servants, agents and related bodies corporate will not be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by the User, or any Claim made by the User, as a result of the use by the User of the Web-Site or any Linked Site however caused, including without limitation:
      1. accessing or using a Linked-Site;
      2. use of, or reliance placed upon, the Contents; or
      3. the purchase, use and enjoyment of any goods or services via, over or through the Web-Site.
3. Release and Indemnity
   1. To the extent that it is legally able to do so, the User releases and discharges dmg and its officers, employees, servants, agents and related bodies corporate from Claims that the User may have had, has now or may have against any of dmg or its officers, employees, servants and agents for, or in any way arising out of, or in connection with use of the Web-Site or any Linked-Site, including without limitation:
      1. accessing or using a Linked-Site;
      2. use of, or reliance placed upon, the Contents; and
      3. the purchase, use and enjoyment of any goods or services via, over or through the Web-Site.
   2. To the extent that the User is unable by law to release and discharge dmg or its officers, employees, servants and agents in respect of a Claim, or if for any reason the release in clause 3.1 is not effective, the User indemnifies and undertakes to keep indemnified dmg and its officers, employees, servants and agents from and against all and any Claims that the User or any other person has or at any time may have against dmg and or its officers, employees, servants, agents and related bodies corporate for or in any way arising out of or in connection with use by the User of the Web-Site or any Linked-Site, including without limitation:
      1. accessing or using a Linked-Site;
      2. use of, or reliance placed upon, the Contents;
      3. a breach by the User of clause 4; and
      4. the purchase, use and enjoyment of any goods or services via, over or through the Web-Site.
4. User’s Obligations
   1. The User must use the Web-Site in a responsible manner at all times.
   2. The User must not:
      1. use the Web-Site or a Linked Site for any activities or post or transmit to or via the Web-Site any information or materials which breach any Laws, infringe a third party’s rights, or are contrary to any relevant standard or codes;
      2. use the Web-Site or a Linked Site in any way or post to or transmit to or via the Web-Site any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using or enjoying the Web-Site;
      3. use the Web-Site or a Linked Site to send bulk or unsolicited electronic mail messages;
      4. use the Web-Site or a Linked Site to make any fraudulent or speculative enquiries, bookings, reservations or requests;
      5. use another person’s name, username or password without their permission;
      6. use the Web-Site or a Linked Site to post, or transmit via the Web-Site any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
      7. tamper with, modify or do anything that interferes with the operation or integrity of the Web-Site, a Linked Site or the Contents;
      8. knowingly transmit any virus, worm, trojan, disabling feature or other corrupting matter or thing to or using the Web-Site or a Linked Site;
      9. reproduce, transmit or broadcast, adapt or otherwise use the whole or parts of the Web-Site, the Contents or a Linked Site without the prior written consent of dmg; and
      10. attempt any of the above acts or cause, encourage or permit another person to do any of the above acts.
5. Copyright
   The Web-Site (including its design and appearance) and the Contents are subject to copyright and protected by the laws of Australia and other countries through international treaties. All intellectual property rights are reserved to and owned by dmg or its related bodies corporate or, in some cases, third parties.
6. Trade Marks
   dmg and its related bodies corporate own all rights and privileges, including all intellectual property rights, in the Trade Marks. The Trade Marks are either registered trade marks or the subject of an application for registration in Australia and may be the subject of rights in other countries.
   The User may not use or apply the Trade Marks for any purpose.
7. Contacts with Third Parties
   1. The Web-Site may contain or include Linked Sites. dmg is not responsible for the contents of any Linked Sites, or any changes or updates to a Linked Site. The Linked Sites are made available by dmg on the Web-Site for convenience only, and the inclusion of any Linked-Sites does not imply endorsement by dmg of the site or any association with its owners or operators.
   2. dmg has not checked, and does not check, the accuracy or completeness of any information or the suitability or quality of the products and services available from the Linked-Sites. The User must make its own enquiries with the owner or operator of the Linked-Site before relying on the information or entering into a transaction in relation to those products and services. The User should check with the third party supplier whether there are additional charges and terms which may apply.
   3. dmg may receive fees and/or commissions from third parties for goods and services of third parties displayed or made available on the Web-Site or accessible through a Linked-Site. The User acknowledges and consents to dmg receiving such fees and/or commissions.
8. Privacy Statement
   1. dmg supports the User’s right to know what information will be collected about the User when using the Web-Site. dmg may use internet cookies and its technology may automatically collect non-personal information and data transmitted between dmg’s internet servers and the User’s computer. This information will be used by dmg to assess the Web-Site’s popularity and how to improve the features and services provided on it.
   2. From time to time personal or confidential information about the User may be collected by dmg. dmg will not sell or otherwise transfer that information to anyone (other than our related bodies corporate) without the User’s permission. However, by providing the information, the User agrees to allow dmg and its related bodies corporate to freely use the information for its own marketing, planning, product developments, promotional and research purposes.
   3. This privacy statement is not intended to and does not create any contractual or other legal right in or on behalf of any party.
9. Changes to Web-Site Terms and Conditions
   dmg may vary any of these Web-Site Terms and Conditions at any time in its absolute discretion. dmg will notify Users of any variations by posting the revised Web-Site Terms and Conditions on the Web-Site. The Users continued use after notification of amendments will constitute acceptance of the variation.
10. Breach of Web-Site Terms and Conditions
    If, in dmg’s reasonable opinion, the User breaches any of these Web-Site Terms and Conditions, dmg may suspend, terminate or limit the User’s Web-Site (on a temporary or permanent basis) and terminate the Web-Site Terms and Conditions effective immediately.
11. Jurisdiction & Choice of Law
    1. While the Contents may be accessed outside Australia, the Web-Site is not directed to or intended to have an effect in any other place.
    2. All matters relating to the Web-Site are governed by and are to be construed according to the laws applicable in the State of Victoria, Australia. By accessing or using the Web-Site the User irrevocably agrees and submits to the exclusive jurisdiction of the courts of Victoria, and the courts of appeal therefrom.
12. Definitions
    Unless the contrary appears, these words have the following meaning:

    Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature howsoever arising in respect of any loss or damage (including any direct, economic, special or consequential loss or damage), cost, expense or other claim, whether based in tort (including but not limited to negligence on the part of any person), contract, statute, equity or otherwise and whether present or future, fixed or unascertained, actual or contingent, and Claims has the corresponding meaning.

    Contents means any information, data, materials, images, files, text, graphics, electronic pages and audio sounds contained on or accessible from the Web-Site, and all intellectual property rights in or associated with any of the foregoing.

    dmg means dmg world media (Australia) pty ltd (ACN 089 071 269) of Level 6, 534 Church Street, Richmond Victoria 3121.

    Law includes any requirement of any statute, rule, regulation, proclamation, ordinance or by-law, present or future, and whether state, federal or otherwise, as enacted or in force in Australia or any other place from time to time, and Laws has the corresponding meaning.

    Linked-Site means any internet web-site not maintained or controlled by dmg for which there is an internet address hyper-link contained on the Web-Site, and any other web-site not maintained or controlled by dmg which is or may be accessed (directly or indirectly) through any web-site for which there is an internet address hyper-link contained on the Web-Site and Linked Sites has the corresponding meaning.

    Related Bodies Corporate has the meaning given to that term in the Corporations Act 2001 (Cwth).

    Trade Mark means any trade mark which appears in or on the Web-Site and any associated logo which is used by dmg.

    User means any person who enters, accesses or uses the Web-Site for any purpose whatsoever.

    Web-Site means the web-site situated at the Universal Resource Locator ("URL") www.dmgworldmedia.com.au, and any derivation or extension of that URL.

    Web-Site Terms and Conditions means the terms and conditions governing access and use of the Web-Site as prescribed from time to time by dmg.

© 2001, dmg world media (Australia) pty ltd (ACN 089 071 269). All rights reserved.