Monday 27 Feb 2017 | 22:09 | SYDNEY
Monday 27 Feb 2017 | 22:09 | SYDNEY

Terms of Use

 

Site Terms

The Interpreter (www.lowyinterpreter.org) (the Site) is published by the Lowy Institute for International Policy (the “Institute”). It publishes daily commentary and analysis on international events for a global online audience.

These terms govern your use of the Site and by using the Site, you are agreeing to be bound by them. The Institute may vary these terms from time to time, so you should check them regularly. If any provision of these terms is held void, unenforceable or illegal, that that provision will be severed, and the remaining provisions will have full force and effect.

Intellectual Property

Unless otherwise indicated, all copyright, trade marks and other intellectual property rights in the Site (including all information, data, text, graphics, images, website design, trade marks and logos displayed on the Site) are owned by the Institute, its related entities or its third party licensors.

You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice).

You must not, without our express written permission or as otherwise permitted by applicable copyright legislation:

      • otherwise copy, use, reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the content or design of this Site;
      • use any trade marks displayed on the Site without the express written permission of the relevant owner;
      • cause any of the content of the Site to be framed or embedded in another website; or
      • commercialise any information, products or services on this Site.

If permission to reproduce any part of this Site is given, you must acknowledge the Lowy Institute as the source.

Comments

Any comment you submit to the Site is subject to our Comments policy.

You license the Institute the non-exclusive, perpetual, irrevocable, royalty-free, worldwide rights to reproduce, communicate, edit, adapt or otherwise use any comment you submit to the Site. This includes the right to sublicense to others at our discretion.

You also consent to your comment being altered, edited or adapted for such uses, or to ensure your comment does not infringe these terms or breach the law, as the Institute sees fit. Although the Institute will generally attribute you as the author, it's not always possible. So you consent to us not attributing authorship to you, or only attributing your registered username.

You must ensure that your comment does not contain anything that breaches these terms or our Comments policy, or any laws or rights, including by defaming any person or breaching anyone’s intellectual property rights.

IF YOU BELIEVE ANY CONTENT ON THE SITE INFRINGES THESE TERMS, PLEASE CONTACT THE INSTITUTE AT BLOGEDITOR@LOWYINSTITUTE.ORG.

Unsolicited Materials

Any material you submit to the Institute for publication on the Site will be governed by our Content Supply Terms.

GENERAL DISCLAIMER

The Institute uses reasonable care and skill to ensure the accuracy of the information provided on the Site. However, it is your responsibility to assess and verify the accuracy, completeness, currency and reliability of the information on this Site, and to seek professional advice where necessary.

If you are a consumer for the purposes of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), certain guarantees may be conferred on you and certain rights and remedies may be conferred on you which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, the Institute’s liability to you for breach of any such guarantee is limited (at the Institute’s option) to the re-supply of the services or payment of the cost of re-supplying the services.

Subject to your rights under the Australian Consumer Law and to the maximum extent permitted by law, the Institute:

      • does not warrant or guarantee that the site will be completely accurate or continuous at all times. The site is provided on an “as is” and “as available” basis. The information contained on the site is general and may not be suitable for your particular needs;
      • does not accept any responsibility to maintain the material and services made available on this Site or to supply any corrections, updates, or releases in connection with the Site. Any material on the Site is subject to change without notice;
      • excludes all other terms, conditions, guarantees and warranties, whether express or implied, by statute, trade or otherwise;
      • excludes all liability to you for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the materials on this Site and/or your use of this Site and, without limitation, the Institute is not responsible or liable for:
        • loss that was not reasonably foreseeable or caused by the Institute’s breach of these terms or by the Institute’s negligence;
        • business losses (for example, lost data, lost profits or business interruptions) or loss suffered by non-consumers;
        • losses caused by factors which could reasonably be considered to be outside the Lowy Institute’s control; and
        • any loss caused, or contributed to, by your breach of these terms or your negligence.

Privacy

Any personal information sent to this Site is subject to the Lowy Institute Privacy Policy and privacy laws. The Lowy Institute Privacy Policy is incorporated into these terms and applies to the use of this Site and all sales through this Site.

Links

Information on this Site may include links to the websites of others outside our network. These links are provided for your convenience only. The inclusion of any link to other websites does not imply endorsement by the Institute of third party companies, individuals, products, information, or opinions. The Institute does not warrant that information on any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor does the Institute authorise any such infringement by providing these links. We recommend you read the legal and privacy notices of any other websites that you visit.

If this Site contains third party advertisements which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this Site does not constitute the recommendation or endorsement by us or any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase or acquire from those third parties.

The Institute disclaims liability for any loss or damage whatsoever arising from your use of links to third party websites.

Jurisdiction

If a dispute arises regarding these terms of use, the laws of the State of New South Wales, Australia, will apply and you agree to submit to the non-exclusive jurisdiction of the courts of that place.

If you access this Site in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction.

 

Interpreter content supply terms

The Interpreter (www.lowyinterpreter.org) is published by the Lowy Institute for International Policy (the “Institute”). It publishes daily commentary and analysis on international events for a global online audience.

1 Commencement

1.1 By submitting Content for publication, or by agreeing to prepare Content for publication, you acknowledge you have read and agree to be bound by these terms and conditions (“Terms”).

2 Your obligations

2.1 You must create and deliver the Content to the Institute in accordance with these Terms and in the format specified by the Institute.

2.2 You warrant that:

(a) the Content is original and has not been copied from any other source;

(b) you own all Intellectual Property Rights, including Moral Rights, in the Content;

(c) use of the Content by the Institute will not:

(i) result in a breach of any law or mandatory code of conduct;

(ii) infringe any person’s rights (including Intellectual Property Rights and Moral Rights);

(iii) defame any person;

(iv) constitute a misuse of any person’s confidential information; or

(v) result in you breaching any obligation that you owe to any person;

(d) you are able to lawfully grant the licences in these Terms; and

(e) you have all necessary licences, approvals, permits and consents to enter into these Terms and perform the obligations under them.

2.3 You must make reasonable endeavours to ensure that any Content you deliver to the Institute does not contain any factual, typographical or other errors and you must ensure that any Content you deliver to the Institute:

(a) to the extent it consists of a review or opinion, is based on your actual experience of the subject matter of the Content; and

(b) complies with any guidelines or policies issued by the Institute in relation to the Content.

2.4 You must notify the Institute as soon as possible if you are, or expect to be, unable to submit the Content you have agreed to prepare for publication in accordance with these Terms.

3 The Institute’s obligations

3.1 The Institute will:

(a) notify you whether the Institute accepts or rejects any item of Content within 14 days of receiving that item. You acknowledge that the Institute will have an absolute discretion to decide whether it will accept or reject any item of Content;

(b) if agreed between you and the Institute in writing, pay you any agreed Fee for any Content that is accepted by the Institute; and

(c) where the Institute uses, reproduces, edits, modifies, publishes, prints or communicates to the public any of the Content, include your name as the author of the Content.

4 Licence

4.1 You grant to the Institute a perpetual, irrevocable, royalty free licence to:

(a) use and reproduce the Content in any media throughout the world, including on the Institute’s websites and other publications, communications or materials and on third party websites, newspapers and other publications. For example, the Content may be used on the Institute’s site www.lowyinstitute.org or reproduced in a written publication;

(b) permit any person to assist the Institute do any of the things referred to in paragraph (a) above; and

(c) sub-license any of the rights described in paragraphs (a) or (b) to any person in connection with the purposes referred to in paragraph (a) above. For example, the Institute may sub-license these rights to its contractors or service providers who manage the Institutes websites or to third parties who publish your Content on newspapers or their digital sites (for example, where the Institute syndicates its content on a local news website).

4.2 The rights granted to the Institute under clause 4.1 are exclusive during the Exclusivity Period and non-exclusive thereafter unless otherwise agreed with the Institute in writing. During the Exclusivity Period, you must not use or reproduce, or permit any other person to use or reproduce, the Content on any media without the Institute’s prior written consent.

4.3 The Institute may edit or modify the Content and publish the edited Content in its discretion, subject to the Institute complying with these Terms. You consent to the Institute identify you as the author of the edited Content. You also consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.

5 Warranty and Indemnity

5.1 You indemnify the Institute and its Representatives against all losses, damages, liabilities, expenses and costs (including legal costs) suffered or incurred by the Institute or its Representatives, arising out of or in connection with any Infringement Claim.

5.2 If an Infringement Claim arises, then without limiting any of the Institute’s other rights or remedies, you must at the Institute’s request provide to the Institute all reasonable assistance, which may include conducting the defence of an Infringement Claim, however you must not settle any Infringement Claim without the Institute’ prior written consent.

6 Fees and Payment

6.1 If payment of a Fee has been agreed between you and the Institute in writing, you may invoice the Institute for the Fee following acceptance of the Content by the Institute. All invoices must be Tax Invoices in the form required by the Institute from time to time.

6.2 The Institute will pay any correctly rendered Tax Invoice within 30 days of the end of the month in which that invoice was received subject to the deduction or withholding of any applicable amounts as required by law.

6.3 If the Institute disputes the calculation of the Fee set out in any Tax Invoice, then the Institute may withhold payment of the disputed amount until the dispute is resolved, but the Institute will pay all non-disputed amounts in accordance with this clause 6.

6.4 The Fees payable by The Institute are the total fees payable for the provision of the Content. You are responsible for paying any costs and expenses that you incur in the course of providing the Content, including any travel and accommodation costs.

7 GST

7.1 Despite the definition of consideration in the GST law, or unless otherwise expressly stated, the Fee or other sums payable or consideration to be provided under or in accordance with these Terms are exclusive of GST.

7.2 If a party (the “supplier”) makes a taxable supply under or in connection with these Terms, the other party will pay to the supplier at the same time, and in addition to the GST-exclusive consideration, an amount equal to the GST payable on that supply.

7.3 The supplier will, as a precondition to the payment of GST under clause 7.2, give the other party a Tax Invoice.

7.4 If an adjustment event arises in connection with a supply made under these Terms, the supplier agrees to give the other party an adjustment note in accordance with the GST law.

7.5 If these Terms require one party to pay for, reimburse or contribute to any expense, loss or outgoing suffered or incurred by the other party, the amount required to be paid, reimbursed or contributed by the first party will be reduced by the amount of input tax credits (if any) to which the other party is entitled in respect of the reimbursable expense.

8 Withholding tax

8.1 If a law requires the Institute to deduct an amount in respect of Taxes from a payment under these terms, then the Institute will:

(a) deduct the amount for the Taxes; and

(b) pay an amount equal to the amount deducted to the relevant Government Agency in accordance with applicable law and give the original receipts to you.

You acknowledge that the Institute is not required to pay an additional amount to you so that, after the deduction is made, you would receive a net sum equal to the sum that it would have received if the deduction had not been made.

9 General

9.1 These Terms constitute the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these Terms and has no further effect.

9.2 You must not sub-contract, assign, novate, transfer or otherwise deal with these Terms or any rights or obligations under them to anyone without the prior written consent of the Institute.

9.3 These Terms can only be varied by agreement in writing by the parties.

9.4 A right may only be waived in writing, signed by the party giving the waiver, and no other conduct of a party (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the rights.

9.5 Nothing in these Terms will be taken to constitute you as an employee, agent, partner or joint venturer of the Institute nor are you authorised to represent yourself as acting, or to incur any obligation, on behalf of the Institute. The Institute will not make any additional payments, superannuation contributions or provide insurance coverage for you and, to the extent that there is a change in law or that your supply of Content under these Terms is deemed by law to require the provision of such benefits, the Institute will deduct any amounts due to you or required to be paid by the Institute from the Fee.

9.6 These Terms are governed by the laws of New South Wales. Both parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

10 Definitions

Content means any content, commentary, analysis, comment, article or other work provided by you to the Institute.

Exclusivity Period means the period commencing on the date of submission of your Content to the Institute and ending on:

(a) the date that the Institute notifies you that it rejects your Content; or

(b) the date that is 7 days after the date of first publication of your Content by the Institute,

as applicable, or such other period as agreed between you and the Institute in writing.

Fee means the fee for provision of the Content as agreed between you and the Institute in writing.

Government Agency means any governmental, semi-governmental, administrative, fiscal, judicial or quasi-judicial body, department, commission, authority, tribunal, agency or entity.

GST has the meaning it has in the GST Act.

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

GST law has the meaning given to that term in the GST Act or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.

Infringement Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand which would, if true, constitute a breach of any of the warranties in clause 2.2.

Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.

Moral Rights means any moral rights including the rights described in Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886 (as amended and revised from time to time), being “droit moral” or other analogous rights arising under any statute (including the Copyright Act 1968 (Cwth) or any other law of the Commonwealth of Australia), that exist or that may come to exist, anywhere in the world.

Representative of a party includes an employee, agent, officer, director, auditor, advisor, partner, consultant, contractor or sub-contractor of that party.

Tax Invoice has the meaning given to it in the GST Act.

Taxes means taxes, levies, imposts, charges and duties (including stamp and transaction duties, but excluding GST) imposed by any authority together with any related interest, penalties, fines and expenses in connection with them except if imposed on, or calculated having regard to, the net income of the Institute.