Terms and conditions
This website is owned and operated by Schwartz Publishing Pty Ltd ATF The Schwartz Publishing Trust (ACN 093 884 612).
By using the Websites you acknowledge and agree that you have read and understand the Terms and you agree to be bound by them. Continued use of our Websites or your purchase of any Product or subscription indicates your continued acceptance of these Terms.
Please note that we may change these Terms at any time at our discretion or otherwise as required by law. You should regularly check our Websites to ensure that you are aware of the current terms.
For the purposes of these Terms:
“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
"Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Australia.
“Content” means any and all text, artwork, drawings, audio and visual materials, software, graphic user interface design, other copyright works, trade marks, or intellectual property contained on our Websites.
“Confirmation Email” means an email sent by us acknowledging receipt of your Order and confirming the Price of the Product.
"Order" means the order submitted by you to purchase the Product.
“Product” means books, Ebooks or any other Products (not including Subscriptions) sold on the Website which under the Australian Consumer Law are defined as consumer goods.
“Proof of Purchase” means any of the following documents including original receipt, tax invoice and a bank statement.
“Registration Data” means any information provided by you to us in in connection with your use of the Websites, including but not limited to name, date of birth, contact details, and billing information.
“Related Entity” is given its meaning in the Corporations Act 2001 (Cth).
“Websites” includes any or all of the websites located at www.themonthly.com.au; https://www.thesaturdaypaper.com.au/; https://www.quarterlyessay.com.au/ and https://www.blackincbooks.com.au (as the context requires) and includes any Content, applications and related digital properties contained on the same.
1. LICENCE TO USE WEBSITES
1.1 We grant you a non-exclusive, non-transferable licence to use the Websites in accordance with these Terms.
1.2 You must not add any Content to the Websites:
- unless you hold all necessary rights, permissions, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or the Website, into disrepute; or
- that infringes the intellectual property rights or other rights of any person or entity.
1.3 We reserve the right at our sole discretion to remove or modify any Content added by you to the Websites at any time.
1.4 The Websites contain links to other websites not operated by us, as well as Content added by people and/or entities other than us. We do not endorse, sponsor or approve any such user generated Content or any Content available on any third party website.
1.5 You may share and embed links from our Websites on third party websites however we wholly reserve the right to remove and/or to request the removal of any such links at our sole discretion.
1.6 Except as expressly permitted by these Terms, any:
- modification or other use;
- redistribution in any form or medium
of the Content is prohibited without the prior written permission of us.
1.7 You acknowledge and agree that:
- we retain complete editorial control over the Websites and may alter, amend or cease the operation of the Websites at any time in our sole discretion; and
- while we make every effort to operate the Websites on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. INTELLECTUAL PROPERTY AND USER CONTENT
2.1 You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Websites. Nothing in these Terms constitutes a transfer of any intellectual property rights from us to you.
2.2 The Content contained on our Websites is subject to Australian and international copyright and intellectual property laws. Subject to the provisions of those laws, you must not copy, alter, adapt, reproduce, re-transmit or otherwise deal with our Content without our express permission.
2.3 By posting or adding any Content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that Content in any way (including, without limitation, by reproducing, changing, and communicating the Content to the public) and permit us to authorise any other person to do the same thing. This licence will survive any termination of these Terms.
2.4 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
2.5 You represent and warrant to us that you have all necessary rights in respect of any Content which you post or otherwise contribute to our Websites to grant the licences and consents set out in this clause.
2.6 You acknowledge that the views expressed in Content provided by you and other users do not necessarily reflect the views of Schwartz Media, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on our Websites.
3. THIRD PARTY ADVERTISING AND MATERIALS
3.1 Our Websites may feature or display advertising for third parties. This does not constitute an endorsement by us of any third party products, services or other materials appearing in such advertising.
3.2 Our Websites may contain links to websites operated by third parties. We do not control these websites and do not accept any responsibility for any loss or damage which you may suffer as a result of using these third party websites.
4. DATA PROVIDED BY YOU
4.1 To access certain parts of our Websites, we may request that you provide us with certain Registration Data.
4.2 In the event that you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the verity, completeness and accuracy of your Registration Data as necessary and/or as required by us.
4.3 If you do provide us with Registration Data:
- you may receive emails from us confirming the details of your registration, and providing you with necessary information relating to your access and use of the Website;
- from time to time we may e-mail you with messages about our services or third party products and services we believe may be of interest to you, such as new products, features, services, special offers and updated information. You will have the opportunity to unsubscribe from these emails in accordance with applicable legislation. These emails may contain code that enables our database to track your usage of the newsletters, including whether the e-mail was opened and/or what links (if any) were clicked. We may combine that information with other information we have about you and may use that information to improve your site experience and/or provide customised e-mail communications to you.
5. MOBILE APPS
5.1 To the fullest extent possible and wherever relevant, these Terms shall also govern your use of any mobile applications published by us (“Apps”) and downloaded by you. Where the context requires or otherwise permits, the word “Websites” shall be substituted with the word “Apps” in respect of the application of these Terms to your usage of our Apps.
6.1 You represent and warrant to us as follows:
- You have the legal capacity to enter these Terms;
- You are of at least eighteen (18) years of age; or alternatively you have permission from your parent(s) or legal guardian(s) to use the Websites.
7. LIABILITY & INDEMNITY
7.1 To the fullest extent permitted by law (including the Australian Consumer Law), we exclude all other rights, remedies, guarantees, conditions and warranties in respect of your use and access of our Websites, access to our Publications (whether they are through our Websites or in hard copy form), purchase of Products and any membership or subscription that you may have to our publications, whether based in statute, common law or otherwise to the extent permitted by law. Subject to the Australian Consumer Law and to the fullest extent permitted by law:
7.1.1 we exclude all liability for any direct or indirect damages arising from the use of our Websites in respect to any:
(i) loss of data;
(ii) bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party;
(iii) errors, mistakes or inaccuracies of Content or information provided by you (including order details), including but not limited to sending subscription to the address as notified by you;
(iv) personal injury or property damage, of any nature whatsoever, resulting from access to and use of our Websites;
(v) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(vi) interruption of business or any consequential or incidental damages.
7.1.2 we disclaim all liability in relation to any loss or damage that you incur arising from your access or use of our Websites (including any software or hardware damage that you may suffer), purchase of Products or your subscription or membership to our Publications;
7.1.3 we take no responsibility and disclaim all liability with respect to the accuracy of the Content contained in our Publications on our Websites;
7.1.4 you warrant that any information you have provided to us (including the Registration Data) is true and correct and we disclaim all liability for any loss or damage that you may suffer or incur in the event of incorrect or incomplete Registration Data having been supplied, including (without limitation) sending the Publications to the address as notified by you;
7.1.5 you acknowledge that we control all of the Content both on our Websites and in our Publications and that such Content may be changed at our absolute discretion without providing you with notice. If, however, our changes to the Content result in a material change to your subscription, we will take reasonable steps to notify you of the same; and
7.1.6 you indemnify us and each of our directors, officers, employees and agents against any action, claim, loss or expense which we incur which arises from or in connection with your access or use of our Websites (including any software or hardware damage that you may suffer), your purchase of our Product(s)s or your subscription or membership to our Publications.
7.2 To the extent that our liability for breach of any implied warranty or condition cannot be excluded at law, our liability will be limited, at our option, to:
7.2.1 in the case of services supplied or offered by us:
18.104.22.168 the re-supply of those services; or
22.214.171.124 the payment of the cost of having those services re-supplied; and
7.2.2 in the case of goods (for the purposes of these Terms defined as Products) supplied or offered by us:
126.96.36.199 the replacement of the goods or the supply of equivalent goods;
188.8.131.52 the repair of the goods;
184.108.40.206 the payment of the cost of having the goods replaced; or
220.127.116.11 the payment of the cost of having the goods repaired.
7.3 In relation to any express warranty or condition set out in these Terms in connection with goods or services supplied or offered by us or any of our related entities, our liability shall be limited to the amount paid by you for your subscription to our Publications or Products.
7.4 To the fullest extent permitted by law, we are not liable to you for any indirect, consequential, special or incidental loss or damages of any kind including loss of revenue, loss of profits, failure to realise expected profits or savings, overhead costs or other economic losses, in contract, tort (including negligence) under any statute otherwise arising out of or in any way connected to these Terms your purchase of a Product(s) or your subscription to our Publications.
8.3 Without limiting the foregoing, we may disclose your personal information to our related entities, business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with us.
8.4 By subscribing to our publications or your purchase of a Product you consent to us using your personal information for the purpose of our and our related entities sending you information regarding programs, products and services available through such entities and/ or their business partners, and to us from time to time sharing your personal information with carefully selected business partners for the purpose of them sending you such information directly. We will always provide you with the ability to opt out of those communications.
9.1 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
9.2 Other than as expressly set out in these Terms, no party has relied on any representation made by or on behalf of the other.
9.3 Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right of Schwartz Media.
9.4 These Terms are governed by the laws of Victoria, Australia and each party submits to the exclusive jurisdiction of the state and federal courts located in Melbourne, Victoria.
TERMS OF SALE OF BOOKS
1.1 When you submit an Order on this Website for a Product, you are deemed to have read and understood these Terms.
1.2 By placing your Order and paying for the Product, an Order will be treated as an offer to purchase the Product.
1.3 It is your responsibility when you place your Order to ensure that all your details are correct.
1.4 All Orders are subject to Product Availability and a Confirmation Email. Please note that a Confirmation Email does not constitute acceptance or guarantee that the Product is available.
1.5 Acceptance by us of an Order will only take place once we have debited your credit or debit card.
1.6 If you change your mind after placing an Order please contact us immediately. We will use our best efforts to amend or cancel the Order but if the Order has already been processed and/or dispatched/downloaded then the Product will be provided to you in accordance with these Terms. If you wish to return the Order under our Returns, Refunds and Exchange Policy[BO1] , this will be treated as a change of mind return.
1.7 We reserve the right to limit the sale of Products to reasonable or normal household quantities.
2. PRODUCT AVAILABILITY
2.1 We use our best endeavours to try to ensure the Products sold on our Website are available. However due circumstances outside of our control (for example errors in our system or an issue with a supplier) may result in the Product being unavailable.
2.2 If a Product is unavailable we will notify you as soon as reasonably practicable. In the instance that we have Accepted your Order and we subsequently learn that the product is unavailable, will contact you and provide within a reasonable timeframe a full refund for the Price of the Product and we shall not otherwise be liable for any additional compensation, loss or damage caused by us cancelling your Order.
3. PRICE AND PAYMENT
3.1 Prices for all Products are in Australian dollars and are GST-inclusive.
3.2 We accept payment via Visa Card, Master Card and AMEX only. No other forms of payment are accepted.
3.3 All payments are taken via a secure server, but despite reasonable precautions, there is a risk of unauthorised access to, or alteration of, your payment details. You make payment at your own risk and to the maximum extent permitted by law, we are not liable for any loss or damage which you suffer as a result of unauthorised access to, or alteration of, your payment details.
4.1 When you purchase an eBook though our Website you are purchasing a limited, non-transferable licence to download the eBook on any eBook application. This licence is revocable by us, the publisher or its licensors at any time without notice and with or without cause.
4.2 Once you have purchased the ebook you will be emailed a download link. For information concerning how to download your ebook please refer to our FAQ.
4.3 If you have trouble downloading your ebook please contact us.
4.4 Your use of the ebook is intended only for you, for your personal and non-commercial use.
4.5 All proprietary interest in the ebook belongs to the publisher or its licensors. Accordingly, you must not copy, reproduce, transmit, share, communicate, post, upload to any website, modify, distribute or make it available for distribution any of the ebook in whole or part.
5. DELIVERY AND SHIPPING
5.1 Where possible, we try to use Australia Post for all of our shipping needs within Australia.
5.2 The delivery fee for:
(i) Australia-wide is free.
(ii) International shipping for all items under five (5) kilograms will be calculated in accordance with Australia Post charges which will be reflected in the shopping cart at checkout. Please note however if the product exceeds five (5) kilograms we will contact you directly with a quote for a courier after your order has been placed.
5.3 We try to ensure that all Products are delivered within our timeframe of two (2) to fifteen (15) Business Days after an Order is placed. However due to Product availability, processing and circumstances out of our control, delays may occur. In the instance that you delivery is late, to the extent permitted by law we will not be liable for any loss or damages caused to you as a result of the late delivery.
5.4 If you have not received your Order after three (3) weeks please contact us.
5.5 In the instance that you provide an incorrect deliver address we will not be responsible or loss or damage suffered by you, if your Order is delivered to the correct address that you have supplied.
5.6 Please note that all delivery/shipping fees are non-refundable unless a Product fails to comply with the Australian Consumer Law consumer guarantee provisions.
6. CONSUMER GUARANTEES
6.1 Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
6.2 To the fullest extent permitted by law, the extent that our liability for breach of any guarantee, warranty or condition cannot be excluded at law, our liability will be limited, at our option, to:
6.2.1 in the case of services supplied or offered by us:
a. the re-supply of those services; or
b. the payment of the cost of having those services re-supplied; and
6.2.2 in the case of goods (for the purposes of these Terms defined as Products[BO5] ) supplied or offered by us:
a. the replacement of the goods or the supply of equivalent goods;
b. the repair of the goods;
c. the payment of the cost of having the goods replaced; or
d. the payment of the cost of having the goods repaired.
7. RETURNS, REFUNDS AND EXCHANGE POLICY
7.1 Please note that once we have Accepted your Order, you cannot return the Product and seek a refund or exchange because you have simply change your mind.
7.2 However, we will accept returns provided that and provide you with a refund if the Product:
(i) is not of acceptable quality, or
(ii) is not fit for its intended purpose, or
(iii) does not match the sample or our description; and
(iv) Proof of Purchase document.
7.3 If a Product arrives damaged please contact us immediately and we will arrange for the damaged Product to be returned to us.
1. YOUR SCHWARTZ MEDIA ACCOUNT
1.1 Prior to placing an order for a subscription you must complete the registration process of creating a Schwartz Media account (“your account”).
1.3 By registering an account you agree to our Terms and in particular you agree:
1.3.1 you will be the sole holder of your Schwartz Media account;
1.3.2 your account is non-transferable;
1.3.3 you are solely responsible for the use and maintenance of your account;
1.3.4 you must not hold more than one Schwartz Media account at any one time;
1.3.5 you may not disclose your password to anyone, or allow other people to use your account and you acknowledge that by disclosing your password or allowing another person to use your account, may compromise your account, which may cause a disruption to your service; and
1.3.6 to notify us, if you believe that your account has been compromised.
1.4 You acknowledge that in the event that we believe that you have breached these Terms, we may at our sole discretion terminate or suspend your account with us, and you will not be entitled to a refund.
2. DIGITAL ACCESS SUBSCRIPTIONS
2.1 Where indicated, our subscription for Digital Access products grant you access to the full catalogue of our Publications in digital form.
2.2 You may access this content on the relevant Publication’s Website or app (a publication may have one or both).
2.3 At the end of your subscription, if you choose not to renew, you will lose access to the Publication’s catalogue, and will need to subscribe again in order to regain your access.
2.4 When you use your digital subscription, you may incur other additional changes, such as telecommunications fees, data fees or service provider fees. You acknowledge you are solely responsible for all such charges.
3. PRINT DELIVERY SUBSCRIPTIONS
3.1 Depending on the publication, delivery of the print editions may be managed by us, a contracted delivery agent or a third party.
3.2 Upon receipt of your subscription we will do our best to ensure we can deliver you the print issue.
3.3 In the event that we cannot arrange delivery, we will try to contact you by email or phone to arrange an alternative. You will be given the choice to:
- switch to a digital-only subscription and extend your subscription length appropriate to the amount you paid;
- take up a subscription to a related publication; or
- receive a full refund.
3.4 If you believe your subscription is not being delivered please notify us immediately[OO2] .
3.5 Please notify us [OO3] if subscription deliveries continue to be made and/or payments continue to be deducted if you believe a cancellation should have been processed.
3.6 Please check your account statements to verify that the amounts debited from your account are correct and notify us [OO4] if you believe you are being billed incorrectly.
3.7 Please note that we have the right to refuse to refund past subscription payments if you have failed to contact us directly to cancel, or to report unexpected payments or non-delivery.
4. PRICING, PAYMENT AND AUTO-RENEWING SUBSCRIPTIONS
4.1 By purchasing a subscription, you agree to the price stated at your time of order and also the billing frequency stated at the time of your order.
4.2 Prices for subscriptions are in Australian dollars and are GST-inclusive.
4.3 When you purchase a subscription we will endeavour to process your subscription as soon as possible.
4.4 Please note that all payments are made in advance and we accept payment through Visa, MasterCard or American Express. It is your responsibility to provide valid payment details, and ensure that your payment details are up to date.
4.5 You will be given the option to make your subscription automatically renewable at the time of purchase. In this case, your subscription will automatically renew until you notify us to stop.
4.6. For auto-renewing subscriptions you must either:
- provide valid payment details which can be direct debited at time of the renewal; or
- prior to the renewal contact us directly to make payment.
In the event that your payment details are invalid or you do not contact us prior to the renewal, your subscription will be revoked and you will no longer have access the full catalogue of the subscribed publication in digital form or have you subscription delivered.
4.8 Prior to the end of your subscription period, we will send you a reminder notice that will indicate the renewal price. If you do not notify us to stop the renewal, your credit or debit card will automatically be charged for the same period. By purchasing a subscription that automatically renews, you agree and authorise us to debit your account. This authority will remain valid until you notify us to cancel your subscription.
5. CHARGES ON YOUR STATEMENT
5.1 When you provide us with, or update, your credit or debit card information, your statement may show a $0 or $1 authorisation that is placed on your account by our payment processor for card verification purposes. This authorisation will be removed from your account immediately after your card has been verified, however your bank may take anywhere between a few minutes to a few weeks to process the removal.
6. STORAGE OF YOUR DETAILS
6.2 Your credit or debit card information is stored by our payment processor (Stripe Payments Australia Pty Ltd ACN 160 180 343) so that we can process your subscription and renewal payments.
6.3 Your details will be transmitted to our payment processor via Payment Card Industry Data Security Standards (PCI-DSS) compliant protocols. Our payment processor is responsible for protecting the security of credit or debit card details stored on their servers, and will take reasonable steps to protect your personal information from unauthorised access and accidental loss or modification.
7. CANCELLING YOUR SUBSCRIPTION
7.1 You may cancel your subscription at any time and receive a pro-rata refund for the remainder of your subscription period. To cancel your subscription, please contact us.
8. YOUR FIRST ISSUE
8.1 Our publications publish on a regular cycle as follows:
- The Saturday Paper, weekly – 48 times a year
- not published from the weekend following Christmas until the Australia Day weekend
- The Monthly, monthly – 11 times a year
- not published in January
- Quarterly Essay, quarterly – four times a year
8.2 Depending on when you subscribe, you may receive your first issue almost immediately or you may need to wait until the next dispatch.
8.3 It is acknowledged that for The Saturday Paper, it may take ten to fourteen (14) business days before you receive your first issue.
8.4 If you are unsure when you will receive your first issue, please contact us.
9. INSTITUTIONAL ACCESS
9.1 We do not offer institutional access to any of our publications at this time.
10.1 Renewals can be processed online or over the phone by contacting our subscriptions team.
11. SUBSCRIPTION LENGTH
11.1 If you purchase a subscription equal to or greater than 12 months, you will receive all the issues published during that period.
11.2 If you purchase a subscription of less than 12 months, your subscription will be automatically extended if your subscription falls during a non-publishing period such that you receive the correct amount of issues for your subscription. For example if you subscribe to the Monthly, which publishes every month except January, and your six-month subscription falls over January, your subscription will be extended by one month automatically.
12.1 You can suspend your subscription to halt deliveries for a period of time. During this time you may lose digital access to your subscription as well.
12.2 Subscriptions to the Monthly and Quarterly Essay cannot be suspended for longer than three months. Subscriptions to The Saturday Paper cannot be suspended for longer than five weeks due to the nature of how they are delivered. If you require a suspension beyond these periods, please contact us.
12.3 We reserve the right to suspend or cancel your subscription at any time in our absolute discretion, provided that we will give you notice of such suspension or cancellation. In the event that we cancel your subscription, you will receive a pro-rata refund for the outstanding portion of your subscription.
13.1 All subscriptions for all of our publications are processed by Schwartz Media or another related entity, and will show up on your statement as a payment to The Monthly Pty Ltd. This may change in the future.
14. THIRD-PARTY SUBSCRIPTIONS
14.1 Our apps offer the ability to subscribe to our publications through third-party stores. Such third parties include the Apple App Store and Google Play Store. Subscriptions purchased through these stores renew automatically, and must be cancelled at least 24 hours prior to the renewal date.
14.2 You can cancel a third-party subscription by:
- following these instructions for the Apple App Store https://support.apple.com/en-au/HT202039
- or by following these instructions for the Google Play Store https://support.google.com/googleplay/answer/2476088?hl=en-AU
14.3 Currently, third-party subscriptions do not include access to the publication websites, and only include access to the back catalogue available in the apps. If you have a third-party subscription and would like access to the publication websites, please contact us.
14.4 Billing and refunds for these stores are handled by the respective stores, and we will do our best to assist you in the event of a dispute or refund, but we have no control over the ability to issue refunds through these stores.
14.5 If you are not satisfied with the help you receive from these stores, please contact us and we will do our best to resolve the situation.
14.6 If you have purchased your digital subscription through a third party (not directly through Schwartz Media), then the third party’s terms and conditions of service will apply to you.
14.7 To the extent permitted by law, we will not be liable to you for any claims related to purchases made through third parties. Please contact the third party directly to address these claims.
This policy was last updated on 19 July 2018.