Last Updated: 30 June 2021
“you”/ ”your” means you, the user;
“ANC”/ ”We” / ”Us” / ”Our” means Australian News Channel Pty Ltd; and
“Our Services” / “ANC Services” / “the Services” means the services provided by ANC for you to access the Sky News websites and applications/apps and watch and/or listen to integrated video and audio content on such digital services, including all included and associated content, features and functionalities, applications on third party platforms and devices and platforms, website and user interfaces, and software associated with Our Services.
- Use of this Site
- Acceptable Use of Our Services
- You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in; use any robot, spider, scraper or other automated means to access Our Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through Our Services; insert any code or product or manipulate the content of Our Services in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material:
- designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with Our Services, including any software viruses or any other computer code, files or programs; or
- which would constitute or encourage a criminal offence, give rise to a civil liability or violate any applicable law.
- You must not post, transmit or in any way exploit any material of any kind from Our Services for commercial purposes.
- You must not copy, download, reproduce, republish, broadcast, transmit in any manner whatsoever, any material or content supplied as part of Our Services except as is strictly necessary for your own personal non-commercial home use.
- Intellectual Property
- All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of Our Services shall remain at all times vested in ANC or our licensors. Without limiting the preceding sentence, we note that SKY NEWS is a registered trademark of Sky International AG and/or its related companies, of which ANC is an official licensee.
- You are permitted to use material and content supplied as part of Our Services only as expressly authorised in writing by ANC or its licensors.
- Third Party Websites.
- You acknowledge and agree that ANC are not responsible for the availability of any third party websites or material you access through Our Services (which for the avoidance of doubt includes advertising), and ANC do not endorse and are not responsible or liability for any content, advertising, products or services on or available from such websites or material, nor for any damage, loss or offence caused, or alleged to be causes, by or in connection with use of or reliance on any content, advertising, products or services available on or available from such websites or material. These links to third party websites are provided to you as a convenience only. You link to any such website entirely at your own risk. We encourage you to read the terms and conditions and privacy policies of any third party websites when you access them.
- Any dealings between you and any advertisers or merchants found on or via Our Services, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and the relevant advertiser or merchant. You agree not to hold ANC liable for any loss or damage of any kind incurred as the result of any such dealings.
- Liability & Indemnity
- To the extent permitted by law, we make no warranties, express or implied, as to the content of Our Services or the accuracy, timing or reliability of any information or statements contained therein, or statements, advice and opinions given by users on the bulletin boards and chat forums (or similar) which are those of such users only. We neither endorse nor shall be held responsible for the reliability or accuracy of the same and we are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided on Our Services. If you have any claim arising from the actions or statements of another user, you agree to pursue such a claim only against that user and not from ANC.
- We will endeavour to provide Our Services using all reasonable care. To the extent permitted by law, we exclude all implied warranties as to quality, accuracy or fitness and we do not warrant that the material contained in Our Services, any of the functions contained therein and the service will operate without interruption or delay or will be error free, free of viruses or bugs are is compatible with any other software or material.
- in the case of services supplied or offered by us, (A) the supply of the services again, or (B) the payment of the cost of having services supplied; and
- in the case of goods supplied or offered by us, (A) the replacement of the goods or the supply of equivalent goods, (B) the repair of such goods, (C) the payment of the cost of replacing the goods or acquiring equivalent goods, or (D) the payment of the cost of having the goods repaired.
- ANC assumes no responsibility for monitoring Our Services for inappropriate contributions to Our Services by users. We do not exert control over users of Our Services. We are not liable either for Users opinions or their behaviour nor do we give any endorsement of such. We reserve the right (although we have no obligation to do so) to monitor contributions and may respond to or comment upon communications by you and edit, refuse to post or remove the content from Our Services in our absolute discretion. If at any time ANC elects, in its sole discretion, to monitor contributions on Our Services, ANC nonetheless assumes no responsibility for any contributions, no obligation to modify or remove any inappropriate contributions and no responsibility for the conduct of any person who submitted the contribution (including without limitation by users and/or any information, comments and/or advice of any individual referred to as a guest or expert whose statements on Our Service(s) are solely their own). No failure to remove particular material constitutes an endorsement or acceptance of it by us. ANC may reject, refuse to post or delete any contributions for any or no reason.
- We reserve the right to co-operate fully with law enforcement agencies in any jurisdiction in respect of any lawful direct or request to disclose the identity or other information in respect of anyone using Our Services in any way which violates any applicable or relevant laws.
- User Generated Material
- Our Services may contain comment fields, other facilities (including facilities provided via social media sites) which provide for comment and feedback by users, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (User Generated Material).
- It is a condition of your inclusion or use of any User Generated Material and your access to Our Services that, and you acknowledge and agree that:
- you must not restrict or inhibit any other user from using or enjoying any part of the Website;
- you must not post or transmit any User Generated Material of any kind:
- which is (or could reasonably be expected to be) unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, indecent, crude, harmful or otherwise offensive, including without limitation transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- which violates or infringes (or could reasonably be expected to violate or infringe) the rights of any other person, including material which is protected by copyright, trade mark or other intellectual property rights;
- which is not your original work (unless you have the express permission of the owner of the material);
- which you know (or reasonably ought to know) to be false, misleading or deceptive;
- which contains a virus or other harmful component;
- for commercial purposes or which contains any promotional material or advertising;
- which is an invasion of any privacy or publicity rights;
- which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any physical or mental disability;
- which harms minors in any way; or
- in a way that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- you must always treat other users with respect; and
- comments and opinions expressed in User Generated Material are not the comments or opinions of ANC, and we accept no liability in relation to any User Generated Material including its content or accuracy.
- You acknowledge that by posting materials on Our Services you grant to ANC and our licensors and assigns an irrevocable, perpetual, royalty free, unrestricted worldwide licence to use the materials within Our Services and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, sublicensing and adapting and editing the materials. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of ANC and any other party authorised by ANC all moral rights and similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of ANC, you will execute and deliver to ANC such instruments and take such other action as may be required to carry out this grant of licence and waiver.
- Please note however that we do not ordinarily accept unsolicited materials or ideas for content, and we are not responsible for the similarity of any of our content or programming in any media to materials or ideas submitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that, unless we expressly agree otherwise by way of signed contract, no additional consideration of any sort will be provided to you, and you are waiving any claim against ANC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- Copyright Infringement Notification
- ANC respects third party intellectual property rights. If you are a copyright owner or agent thereof and you believe that any content on Our Services infringes your rights, please contact us using the Your Say – Contact Us
- When contacting us regarding potential copyright infringement, please provide the following information in writing: a. a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; b. identify the copyrighted work which you claim has been infringed; c. identify the content on Our Service(s) that you claim infringes your rights and explain the way in which it infringes your rights (eg copying of sound or video of your original work); d. sufficient contact information to allow us to contact you regarding your copyright infringement concern; e. a statement that you have a good faith belief that use of the content in the manner complained of is not authorised by the copyright owner, its agent, or the law; and f. a statement that the information in the notification is accurate and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Governing Law
- Online Safety
The internet can be fun and educational, but it also contains material that is not suitable for children. Parents can help keep their children safe online in a number of ways: a. keep the computer in a public area of your home; b. educate children about the dangers of providing personal information to anyone online, especially in chat rooms; and c. visit ACMA’s “Cybersmart Kids Online” website at https://www.esafety.gov.au with your children for more tips on staying safe online.
- Should you wish to make any comments to us about Our Services or if you have any questions relating to Our Services please contact us using the Your Say – Contact Us If you wish to make a complaint, please ensure that you provide the following information: a. include ‘Content Complaint’ in your subject line b. give full details of the nature of your complaint and the content to which it relates; c. indicate when (date and time) and how (channel, website, app, via a link etc) you viewed the content; and d. include sufficient contact information to allow us to contact you regarding your complaint.
- You agree that ANC is free to use any comments, complaints, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”) worldwide and in perpetuity for any purpose whatsoever including, but not limited to, creating, developing, manufacturing, modifying, improving and marketing products and services, without further compensation, acknowledgement or payment to you unless we expressly agree otherwise by way of signed contract. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.