Terms and Conditions

TERMS AND CONDITIONS

Schwartz and each of our Related Entities incorporated from time to time shall be referred to collectively as “Schwartz”, “we”, “us”, or “our”. We provide a wide range of Products and Services on the Sites related to publishing, advertising, print media, podcast and audio production.

Please read these terms and conditions (“Terms”), any additional notices and disclaimers, and our Privacy Policy carefully as they govern and apply to all and any use, access and availability of our Services, including your Subscriptions (if any) to our Products and Services.

Please review our Privacy Policy to learn more about how we use any information you provide about yourself.

These Terms may be amended by us at any time, and by continuing to use the Sites you accept the Terms as they apply from time to time. If you do not agree to the Terms, please refrain from using the Sites.

DEFINITIONS

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 that is neither: 
(i) a Saturday or Sunday, nor 
(ii) a public holiday in Victoria, Australia.

“Content” means any and all text, publications, newsletters, artwork, photographs, pictures, images, written, audio and visual materials (such as podcasts), motion pictures, software, graphic user interface design, design elements, source code, domain names, logos, button icons, scripts, circuit layouts, other copyright works, trade marks, or intellectual property contained on our Sites.

“Confirmation Email” means an email sent by us acknowledging receipt of your Order and confirming the Price of the Product.

“Free Daily Newsletter” means regular daily and weekly newsletters, which are sent to subscribers for free, and includes any other newsletter that is made available by us to subscribers from time to time.

“Manual Renewal Subscriptions” includes the following Subscriptions which are not automatically renewing Subscriptions: gift Subscriptions, bundle Subscriptions, or those other Subscriptions determined by us from time to time.

“Order” means the order submitted by you to purchase a Product or Subscription.

“Product” means any physical or digital goods (excluding Subscriptions) sold on the Sites, including eBooks, digital editions, merchandise or any other Products that are consumer goods for the purposes of the Australian Consumer Law.

“Proof of Purchase” means any documents related to your Order, including original receipt, tax invoice and a bank statement.

“Registration Data” means any information provided by you to us in connection with your use of the Sites and access to our Products and Services, including but not limited to name, date of birth, contact details, password, and billing and payment information.

“Related Entity” is given its meaning in the Corporations Act 2001 (Cth) and is construed for the purposes of these Terms to include the following:

Schwartz Media Pty Ltd (ACN 138 337 023);
The Monthly Pty Ltd (ACN 115 618 016);
The Saturday Paper Pty Ltd (ACN 165 672 579); and
Australian Foreign Affairs Pty Ltd (ACN 665 747 562).

“Renewal Date” means the date on which a Subscription will renew. The Renewal Date is calculated based on the Subscription period purchased and falls on either: (a) the expiry of that period measured from the initial Subscription purchase date for the first renewal; or (b) the expiry of each subsequent Subscription period measured from the most recent Renewal Date for all following renewals. The Renewal Date may be adjusted or extended in accordance with these Terms. The adjusted Renewal Date shall replace the existing Renewal Date.

“Sites” means and collectively refers to this site, other platforms, mobile applications (apps), redirected domains, and digital properties owned and operated by Schwartz (to which these Terms and our Privacy Policy apply), as set out in clause 27.5 of these Terms.

“Services” means our services provided to our customers, including (but not limited to) printed and digital publication, news reporting, advertising, podcasts and audio production (both online or offline), event hosting and consulting services.

“Subscription” means and includes the different types of subscriptions, including, for example, subscriptions to print issues, digital applications, and print and digital bundles of Subscription-only Newsletters, The Saturday Paper, The Monthly and Australian Foreign Affairs, and those other publications that are produced by us from time to time.

“Titles” means our publications of The Saturday Paper, The Monthly and Australian Foreign Affairs. A reference to a “Title” in the singular means any one of these publications, as determined by the context or by the specific publication you have purchased, as applicable.

1. ACCOUNT REGISTRATION

1.1 To subscribe and obtain access to the Sites and our Content, you may register for a user account (“Account”). By registering for an Account, you will be required to accept these Terms and our Privacy Policy as a condition of joining as a user.

1.2 As part of the registration process and as a condition of your access to the Sites, you must create an Account, either:

(a) in your individual capacity; and/or

(b) in your professional capacity as a member of an organisation;

by providing us with the relevant Registration Data of the registered user or subscriber. The Registration Data for the registered user must be current, complete and accurate. You may set up an Account by connecting your Facebook, Apple or Google account.

1.3 If your Registration Data changes, you must promptly update your Account to reflect those changes.

1.4 As a user of the Sites, you agree that:

(a) you will use the Sites only for purposes permitted by the Terms;

(b) you are responsible for maintaining the confidentiality of your Registration Data at all times;

(d) we may deny anyone access to an Account, our Services or the Sites at any time and for any reason without notice; and

(e) we are not obliged to confirm the identity of the Site users.

1.5 Each registration and Subscription is for the personal use of the registered user or subscriber only. You may not share your log-in details or password with any other person. Schwartz does not allow multiple users (networked or otherwise) to access the Sites through a single name and password and may cancel or suspend your access to the Sites if you do this, or breach any of these Terms, without further obligation to you.

1.6 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 of any Product or Subscription.

1.7 We will use your Registration Data and any other personal information provided by you to us in accordance with our Privacy Policy.

1.8 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 Sites.

1.9 By purchasing a Subscription, you consent to receive newsletters from Schwartz Media. These newsletters may be specifically related to your Subscription. You may opt out at any time by selecting the unsubscribe link in the email footer or by updating your preferences on the relevant publication website, under the newsletters section.

2. CAPACITY

You represent and warrant to us as follows:

(a) you have the legal capacity to understand and enter these Terms and our Privacy Policy; and

(b you are of at least 18 years of age; or alternatively you have permission from your parent(s) or legal guardian(s) to use the Sites.

3. LICENCE TO USE OUR SITES

3.1 We grant you a non-exclusive, revocable and non-transferable licence to use the Sites in accordance with these Terms.

3.2 The Sites may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third party directly to make enquiries concerning the information prior to entering into a transaction in relation to the third-party products and services.

3.3 You may share and embed links from our Sites 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.

3.4 Except as expressly permitted by these Terms, any:

(a) modification or other use;

(b) sale; or

of the Content is prohibited without our prior written permission.

3.5 You acknowledge and agree that:

(a) we retain complete editorial control over the Sites and may alter, amend or cease the operation of the Sites at any time in our sole discretion; and

(b) while we make every effort to operate the Sites on a continuous basis, they may be unavailable from time to time (including for maintenance purposes).

3.6 In exchange for the licence granted to you under this clause, you must not:

(a) use the Sites in breach of any applicable laws or regulations;

(b) use the Sites (or Content obtained from the Sites):

(i) to transmit (or authorise the transmission of) “junk mail”, “chain letters”, unsolicited emails, instant messaging, “spimming”, or “spamming”;
(ii) to impersonate any person or entity;
(iii) to solicit money, passwords or personal information from any person; or
(iv) to harm, abuse, harass, stalk, threaten or otherwise offend others;

(c) use any search robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Sites and its Content;

(d) use the Sites with the assistance of any automated scripting tool or software;

(e) frame or mirror any part of the Sites and its Content without our prior written authorisation;

(f) copy, reverse engineer, decipher, or otherwise disassemble any portion of the Sites and its content or cause any other person to do so;

(g) develop, support or use software, devices, scripts, robots or any other means or processes to scrape the Sites and its Content or otherwise copy material from the Sites and its Content, including, without limitation, for functions such as generative artificial intelligence; or

(h) delete any attributions or legal or proprietary notices on the Sites.

4. INTELLECTUAL PROPERTY AND USER CONTENT

4.1 You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Sites. Nothing in these Terms constitutes a transfer of any intellectual property rights from us to you.

4.2 The Content of the Sites and any material emailed to you or otherwise supplied to you in conjunction with the Sites is copyright of Schwartz and its licensors, and is subject to Australian and international copyright and intellectual property laws. You may not use or reproduce or allow anyone to use or reproduce any Content (such as the “Schwartz”, “Schwartz Media” or “The Saturday Paper” name and logo or other trade names appearing on the Sites) for any reason without prior written permission from us. The software that operates the Sites is proprietary software and you may not use it except as expressly allowed under these Terms.

4.3 You may retrieve and display the purchased Products or Content from the Sites on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use.

4.4 Except as expressly permitted by this clause, you may not reproduce, modify or in any way commercially exploit our Products or Content on the Sites. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from Schwartz:

(a) reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Products or Content;

(b) publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Products or Content (including as part of any library, archive or similar service); or

4.5 We retain all rights, title and interest in and to our Products, Services and the Sites. Nothing you do on or in relation to our Products, Services or the Sites will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;

(b) right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c) thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other intellectual property right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process).

4.6 You are solely responsible for any material, opinion, content or data that you:

(a) post, publish or otherwise transmit through the Sites, if available; or

(b) obtain through accessing or using the Sites
(collectively, “User Content”).

4.7 Your User Content must not:

(a) infringe any law, third-party intellectual property rights or any other contractual or proprietary rights of a third party;

(b) contain, promote, or provide information about unlawful activities or conduct;

(c) contain abusive, homophobic, defamatory, libellous, hateful, discriminatory, obscene, inflammatory or racist language;

(d) harass, bully or intimidate any person;

(e) contain viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; or

(f) contain financial, legal, medical or other professional advice.

4.8 By posting or adding any User Content onto the Sites, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence and sub-licence to use that User Content in any way (including, without limitation, by reproducing, changing, translating, and communicating the User 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.

4.9 You represent and warrant to us that you have all necessary rights in respect of any User Content that you post or otherwise contribute to our Sites to grant the licences and consents set out in this clause. You waive any moral rights that you may have in regard to your User Content, and if you add any User Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

4.10 You acknowledge that the views expressed in User Content provided by you and other users do not necessarily reflect the views of Schwartz, 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 Sites. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made User Content available on the Sites simply by facilitating others to post, transmit or otherwise make the User Content available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

4.11 Notwithstanding clause 4.10, we reserve the right to:
(a) review, modify, reformat, reject or remove any User Content that you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

(b) monitor use of the Sites, and store or disclose any information that we collect, including in order to investigate compliance with these Terms or for the purposes of any police investigation or governmental request.

4.12 If you believe that any User Content infringes your legal rights, you should notify Schwartz immediately by contacting our customer service centre.

TERMS OF SALE OF PRODUCTS

5. ORDERS

5.1 When you submit an Order on the Sites for a Product, you are deemed to have read and understood these Terms.

5.2 By placing your Order and paying for the Product, an Order will be treated as an offer to purchase the Product.

5.3 It is your responsibility when you place your Order to ensure that all your details are correct.

5.4 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.

5.5 Acceptance by us of an Order will only take place once we have debited your credit or debit card.

5.6 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 under clause 11, this will be treated as a change of mind return.

6. PRODUCT AVAILABILITY

6.1 We reserve the right to limit the sale of Products to reasonable or normal household quantities.

6.2 We use our best endeavours to try to ensure the Products sold on our Sites are available. However, due circumstances outside of our control (for example, errors in our system or an issue with a supplier) may result in a Product being unavailable.

6.3 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, we 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.

7. PRICE AND PAYMENT

7.1 Prices for all Products are in Australian dollars and GST-inclusive unless otherwise stated.

7.2 We accept payment via cash, Visa, Mastercard or American Express.

7.3 We will process your Order as promptly as possible. Your payment details must be verified before you can use the purchased Product(s).

7.4 Any discount eligibility is determined at the time of Order. Discounts cannot be applied retrospectively.

8. eBOOKS

8.1 When you purchase an eBook through our Sites 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 to you and with or without cause.

8.2 After purchase, you will receive an email containing a downloadable link and access information.

8.3 If you have trouble downloading your eBook, please contact us.

8.4 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 available for distribution any of the eBook in whole or part.

9. DELIVERY AND SHIPPING

9.1 Where possible, we try to use Australia Post for all of our shipping needs within Australia, except for The Saturday Paper, which is home delivered using a combination of newsagents and other distribution agents.

9.2 The delivery fee for:

(a) Australia-wide: We will inform you of the delivery fee (if any) prior to you completing your purchase. The delivery fee is variable depending on a range of factors, including but not limited to the type and quantity of Product or Subscription purchased and the delivery destination.

(b) International shipping: : For orders of The Saturday Paper, The Monthly and Australian Foreign Affairs that are under 5 kilograms, the delivery fee 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 5 kilograms we will contact you directly with a quote for a courier after your Order has been placed.

9.3 We try to ensure that all Products are delivered within our timeframe of 2 to 15 Business Days after an Order is placed. However, due to Product availability, processing and circumstances out of our control, delays may occur.

9.4 If you have not received your Order after 3 weeks, please contact us.

9.5 In the instance that you provide an incorrect delivery address, we will not be responsible for loss or damage suffered by you if your Order is delivered to the incorrect address that you have supplied.

9.6 Please note that all delivery/shipping fees are non-refundable unless a Product fails to comply with the Australian Consumer Law consumer guarantee provisions, or the consumer law provisions applicable in the place of purchase.

10. CONSUMER GUARANTEES

Our goods and services (including Subscriptions and any digital access services) come with guarantees that cannot be excluded under the Australian Consumer Law.

For major failures with a service, you are entitled to cancel the relevant service contract and to a refund for the unused portion of the service, or to compensation for its reduced value, as applicable under the Australian Consumer Law.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with goods or services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the service contract and obtain a refund of any unused portion. You may also be entitled to compensation for any other reasonably foreseeable loss or damage.

Nothing in these Terms limits, excludes or modifies any rights or remedies available to you under the Australian Consumer Law.

11. RETURNS, REFUNDS AND EXCHANGE POLICY

11.1 Please note that once we have accepted your Order, you cannot return the Product and seek a refund or exchange because you have simply changed your mind.

11.2 However, we will accept returns and provide you with a refund if you are able to provide us with Proof of Purchase, and proof that the Product:

(a) is not of acceptable quality; or

(b) is not fit for its intended purpose; or

11.3 If a Product arrives damaged, please contact us immediately and we will arrange for the damaged Product to be returned to us.

11.4 If you are entitled to a refund under these Terms, refunds can only be made to the credit/debit/charge card that was used for the original purchase – unless it has expired, in which case we will contact you.

SUBSCRIPTION TERMS

12. DIGITAL ACCESS SUBSCRIPTIONS

12.1 Where indicated, your Subscription grants you access to the full catalogue of our Content in digital form.

12.2 You may access this Content on the relevant Sites. In order for us to provide you with your digital Subscription, it's vital that you hold a compatible device, email address and Internet access.

12.3 We will try to process your Subscription promptly but do not guarantee that your Subscription will be activated by any specified time.

12.4 By submitting your payment and other Subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you (or, in the case of a gift Subscription, the recipient of the gift) with access to the Subscription. You will receive written confirmation when your Subscription offer has been accepted (beginning the fulfilment of a Subscription does not signify acceptance).

12.5 All Subscriptions (save for Manual Renewal Subscriptions) auto-renew on a monthly, six-monthly or yearly basis. Applicable Subscriptions will automatically renew on the Renewal Date, subject to any extensions applied in accordance with these Terms and clause 20.3. Please refer to clause 14 below to find out how you can handle your Subscription.

12.6 At the end of a Manual Renewal Subscription, or upon terminating any other Subscription in accordance with clause 16, 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.

12.7 When you use your digital Subscription, you may incur other additional charges from third parties, such as telecommunications fees, data fees or service provider fees. You acknowledge you are solely responsible for all such charges.

13. PRINT DELIVERY SUBSCRIPTIONS

13.1 Depending on the publication, delivery of the print editions may be managed by us, a contracted delivery agent or a third party. Schwartz will not accept any responsibility for any claims, unwanted deliveries or unexpected payments that are the result of any request made by you directly to any newsagency, contractor or any other third party.

13.2 Upon receipt of your Subscription, we will do our best to ensure we can deliver you the print issue.

13.3 In the event that we cannot arrange delivery or collection from a stockist, we will try to contact you by email or phone to arrange an alternative. You will be given the choice to:

(a) switch to a digital-only Subscription and extend your Subscription length appropriate to the amount you paid;

(b) take up a Subscription to a related publication; or

13.4 If you believe your Subscription is not being delivered, please notify us immediately.

13.5 Please notify us if Subscription deliveries continue to be made and/or payments continue to be deducted within 14 days of the occurrence of either event if you believe a cancellation should have been processed.

13.6 Please check your account statements to verify that the amounts debited from your account are correct and notify us if you believe you are being billed incorrectly.

13.7 Please note that we may refuse to refund past Subscription payments where your failure to notify us has materially affected our ability to investigate or remedy the issue, and to the extent permitted by law, in accordance with this clause 13.

13.8 Some subscribers may not receive various inserts and magazines due to logistical or other limitations, particularly in non-metropolitan areas.

14. PRICING, PAYMENT AND RENEWAL

14.1 By purchasing a Subscription, you agree to the price and the billing frequency stated at the time of your Order.

14.2 Prices for Subscriptions are in Australian dollars and GST-inclusive, unless otherwise stated.

14.3 When you purchase a Subscription we will endeavour to process your Subscription as soon as possible. Any discount eligibility is determined at the time of your purchase. Discounts cannot be applied retrospectively.

14.4 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 to ensure that your payment details are up to date. 

14.5 All Subscriptions (excluding Manual Renewal Subscriptions and non-automatic renewal Subscriptions) will automatically renew following the end of the Subscription period on the Renewal Date until you notify us to stop. You can easily change your automatic renewal subscription selection to a non-automatic renewal subscription selection by turning off the auto-renewal selection on your Subscription account dashboard. If you have purchased multiple Subscriptions, you must update your renewal preferences for each Subscription separately; your selection of the renewal type for one Subscription will not apply to any other Subscriptions that you may have purchased. Alternatively, you can make this preference change by contacting us via the methods described under the link. If you do not cancel your Subscription in accordance with clause 16 or alter your Subscription preferences under this clause 14.5, it will continue to renew automatically.

14.6 For Manual Renewal Subscriptions and Subscriptions which you have chosen to convert to non-automatic renewal subscriptions, we will contact you prior to the end of the initial Subscription period with an offer to renew your Subscription at the then prevailing renewal rate, which we reserve the right to vary from time to time. You may choose to accept or reject this offer to renew. You may cancel your Subscription at any time by following the cancellation process set out in clause 16.

14.7 For automatic renewal Subscriptions, prior to the end of your Subscription period, we will send you a reminder notice that will include linked access to the current subscription pricing page, which is also available on our website. If you do not notify us to stop the renewal, your credit or debit card will automatically be charged for the same period of your then current subscription block as initially purchased or subsequently altered by you. By purchasing a Subscription that automatically renews, you agree and authorise us to debit the applicable renewal price, at the rate specified on the subscription pricing page, from your credit or debit card on each Renewal Date via our payment processor. This authority will remain valid until you notify us to cancel your Subscription in accordance with clause 16 or you change your Subscription preferences under clause 14.10.

14.8 For automatic renewal Subscriptions, you must provide valid payment details to our payment processor at the commencement of your Subscription that can be direct debited on each Renewal Date. You can update your payment details at any time via the account dashboard.

14.9 If a payment for your Subscription is unsuccessful, we will notify you using the contact details associated with your Account and request that you update your payment details. If you do not provide valid payment details within the timeframe specified in that notice, we may suspend or cancel your Subscription. During any period of suspension, you may not have access to the digital catalogue or receive Subscription deliveries. If your Subscription is cancelled due to non-payment, access to the Subscription will cease and no further amounts will be charged.

14.10 You can notify us to cancel your Subscription and thereby stop the renewal by contacting us via the methods described under the link. Please refer to the cancellation process in clause 16. Alternatively, you can update your Subscription preferences on the account dashboard to turn off auto-renewals in accordance with this clause 14. You acknowledge that changing your Subscription preferences via the account dashboard is not a cancellation with immediate effect; instead, this will prevent an automatic renewal being applied and a non-automatic renewal process will be handled in accordance with clause 14.6. Turning off auto-renewal prevents your Subscription from renewing at the end of the current period but does not end your current Subscription immediately.

14.11 We may change Subscription prices from time to time. Any change will apply from your next billing cycle, and we will give you at least 14 days notice before the change takes effect. If you do not cancel your Subscription in accordance with clause 16, you authorise these updated prices and fees to be charged to you in accordance with this clause 14.

14.12 When your automatic renewal Subscription is taken out at a discounted price, the discounted price will not be applied on the Renewal Date and instead the Subscription will renew at the regular Subscription price current at the Renewal Date . You will be notified of this price 14 days before payment is taken and you authorise us to charge to you this price unless you cancel your Subscription in accordance with the process under clause 16.

15. CHARGES ON YOUR STATEMENT

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 from a few minutes to a few weeks to process the removal.

16. CANCELLATIONS AND TRANSFER

16.1 You may cancel your Subscription at any time. Where you cancel before the end of a Subscription period, you may be entitled to a pro-rata refund for the unused portion of that period, calculated by reference to the unused portion, subject to applicable law and our reasonable assessment of the circumstances of cancellation. To cancel your Subscription, you must contact us via the Subscriptions phone number or email address described under the link.

16.2 Please note that if your Subscription includes a digital element, by placing your Order you agree that we may start your digital Subscription immediately upon our acceptance of your Order under clause 12.4 and you acknowledge that you will lose your right to a refund in relation to any issues that have been published before you cancelled, except to the extent required under the Australian Consumer Law.

16.3 You must notify us of your intent to cancel your Subscription at least 5 Business Days before your next billing date (including, for the avoidance of doubt, before your Subscription Renewal Date), to prevent your next payment from being deducted.

16.4 If you opt out of receiving any newsletters or other email communications other than those contained in and associated with your Subscription, we will not refund any subsequent Subscription fees charged unless you have also cancelled your Subscription in line with this clause 16. You acknowledge that opting out of receiving newsletters or any other email communication otherwise related to your Subscription does not constitute the cancellation of your Subscription.

16.5 Schwartz may suspend or cancel your Subscription where reasonably necessary, including for non-payment, breach of these Terms, misuse of the Services, or operational or legal reasons. Where Schwartz cancels your Subscription, you will receive a pro-rata refund for the remaining Subscription period, subject to applicable law.

16.6 You may not share or transfer your Subscription to another individual or entity, and we reserve the right to refuse your request to share or transfer your Subscription.

16.7 For clarity, iTunes and in-app Subscriptions are covered under clause 22 of these Terms.

17. YOUR FIRST ISSUE

17.1 We publish our Titles on a regular cycle as follows:

The Saturday Paper, weekly – published 50 times a year (). Publishing of The Saturday Paper is paused for a period that includes Christmas and New Year, reflecting the public holidays and reduced working hours of our staff. The dates of this paused period may vary between years and is determined at our absolute discretion.
The Monthly, monthly – published 11 times a year (not published in January) 
Australian Foreign Affairs – published three times a year, once in each of the months of February, June and October.

17.2 The total number of publications for each Title in a calendar year will be as set out in clause 17.1. You acknowledge that, although Titles are published on a regular schedule, the exact release dates and times of individual issues may vary throughout the publishing cycle due to production and distribution timeframes, and as varied by any periods of suspended publishing. Each Title will be published within a reasonable timeframe of its publishing cycle and on dates determined at our absolute discretion.

17.3 Depending on when you subscribe, you may receive your first issue almost immediately or you may need to wait until the next dispatch. The time of receipt of your first issue is dependent on the Title/s that you have subscribed to and the publishing cycle as outlined under clause 17.1.

17.4 By purchasing one or more of the Titles in print format, or any Subscription that includes printed Title/s you acknowledge that it may take 10 to 17 Business Days before you receive your first issue of that Title in print, due to processing and distribution timeframes.

17.5 If you are unsure when you will receive your first issue, please contact us.

18. INSTITUTIONAL ACCESS

We may offer institutional access to our publications from time to time and at our discretion. Institutional access, where offered, may be subject to separate terms and conditions agreed between Schwartz and the relevant institution.

19. SUBSCRIPTION LENGTH

 19.1 By purchasing any Subscription, you acknowledge and agree that the Subscription price, as determined at our discretion and varied by us in accordance with these Terms, reflects the value of the entire Subscription period. You acknowledge that any planned non-publishing periods that fall during your Subscription period are accounted for in our calculation of the Subscription purchase price made available to you, and you are not entitled to make any claim for a refund, an extension of Subscription or any reduction in this price as a result of such non-publishing periods occurring during your Subscription.

19.2 For the avoidance of doubt, your Subscription will be valid for the length of time that you select when making your purchase, and expires or renews once that period passes as measured from either the date of purchase or the Renewal Date, as applicable. Nothing under this clause 19 alters the Renewal Date or the date on which your Subscription lapses.

19.3 We may offer an additional Title to be issued to you or additional digital access rights to be granted to you in consideration of certain non-publishing periods that may occur during your Subscription period. Any offer of this kind is made at our absolute discretion and does not entitle you to make any claim from or against us for any additional rights to digital access, Titles, refunds or any other form of compensation in these circumstances, nor does this offer vary the acknowledgement made by you under this clause 19.

20. SUSPENSIONS

20.1 You can suspend your Subscription to halt deliveries for a period of time by contacting us via the methods described under the link, save for Subscriptions to The Monthly or Australian Foreign Affairs. During this time, you may lose digital access to your Subscription as well.

20.2 Subscriptions to The Monthly or Australian Foreign Affairs cannot be suspended due to the nature of how they are delivered. We may, at our absolute discretion, permit a suspension in exceptional circumstances. If you require a suspension due to exceptional circumstances, please contact us via the methods described under the link.

20.3 We may suspend or cancel your Subscription where reasonably necessary, including for non-payment, breach of these Terms, misuse of the Services, or operational or legal reasons. Where reasonably practicable, we will give you prior notice of any suspension or cancellation. If we cancel your Subscription, you will receive a pro-rata refund for the unused portion of the Subscription period, subject to applicable law. If we suspend and later reinstate your Subscription, the renewal date of your Subscription will be extended by an equal length to the suspension period to reflect the total Subscription length purchased.

21. BILLING

All Subscriptions for all of our publications are processed by the relevant Schwartz entity, and will show up on your statement as a payment to that entity or publication. This may change in the future.

22. THIRD-PARTY SUBSCRIPTIONS

22.1 Our Sites offer the ability to subscribe to our publications through third-party stores. Such third parties include (without limitation) the Apple App Store, Google Play Store, MagShop website and isubscribe (“third-party Subscription”). Third-party Subscriptions purchased through these stores are non-automatically renewing Subscriptions, unless otherwise provided through the third-party store.

22.2 For third-party Subscriptions, you may be contacted by the relevant third party at the end of the initial Subscription period with an offer to renew your Subscription at the then prevailing renewal rate, which may be varied from time to time. For more information about how third parties handle your third-party Subscription and/or your Personal Information, please refer to the third party’s terms and conditions of service and Privacy Policy.

22.3 You can cancel a third-party Subscription by:
following these instructions for the Apple App Store
or by following these instructions for the Google Play Store

22.4 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.

22.5 Billing and refunds for these stores are handled by the respective stores. We will do our best to assist you in the event of a dispute or refund request, subject to your rights under the Australian Consumer Law.

22.6 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.

22.7 If you have purchased your digital Subscription through a third party (not directly through Schwartz), then the third party’s terms and conditions of service will apply to you.

22.8 To the extent permitted by law, we will not be liable for any acts or omissions of third-party stores in connection with purchases made through those stores. Please contact the third party directly to address these claims.

23. LIMITATION OF LIABILITY

23.1 To the fullest extent permitted by law, and subject always to your rights under the Australian Consumer Law, our liability to you arising out of or in connection with your use of and access to our Sites, access to Content, purchase of Products or Subscriptions, or receipt of Services is limited as set out in this clause.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law.

Except to the extent that liability cannot be excluded under the Australian Consumer Law, we will not be liable for any indirect or consequential loss, including loss of data, loss of revenue, loss of profits, loss of business opportunity, loss of goodwill, loss of anticipated savings, or other similar economic or commercial loss, whether arising in contract, tort (including negligence), statute or otherwise.

23.2 To the extent that our liability for a breach of any guarantee condition or warranty cannot be excluded under the Australian Consumer Law, our liability is limited, at our option:
(a) in the case of Services (including Subscriptions):
(i) the re-supply of those Services; or
(ii) the payment of the cost of having those Services re-supplied; and

(b) in the case of goods (for the purposes of these Terms defined as Products) supplied or offered by us:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of having the goods replaced; or
(iv) the payment of the cost of having the goods repaired.

23.3 Content made available through the Sites or publications is provided for general information only and does not constitute professional advice. While we take reasonable care in preparing Content, we do not warrant that it will be accurate, complete or up to date at all times.

We may update, modify or remove Content from time to time. If any change results in a material reduction to your Subscription, we will take reasonable steps to notify you and provide an appropriate remedy in accordance with applicable law.

You are responsible for ensuring that any information you provide to us (including Registration Data) is accurate and complete. We will not be responsible for loss arising from incorrect or incomplete information provided by you, except to the extent required by the Australian Consumer Law.

23.4 You agree to indemnify us against any loss, damage or expense reasonably incurred by us arising from your breach of these Terms or unlawful use of the Sites, except to the extent caused by our negligence, breach of these Terms, or breach of the Australian Consumer Law.

24. STORAGE OF YOUR DETAILS

24.1 Your personal information is transmitted via an encrypted connection and stored by Schwartz. Please see our Privacy Policyfor more details.

24.2 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 Order and renewal payments (if applicable).

24.3 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.

25. PRIVACY

25.1 Schwartz and our Related Entities are collecting your personal information for the purpose of administering your Subscription and understanding our audiences. We will otherwise handle your personal information in accordance with our Privacy Policy, which is available on our Sites.

25.2 By providing your personal information, you agree to the terms of our Privacy Policy.

26. DISPUTES

26.1 A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms unless it has complied with this clause. A party claiming that a dispute has arisen must notify the other party to the dispute giving details of the dispute.

26.2 During the 15-Business Day period after notice is given (or any longer period agreed in writing by the parties to the dispute) (“Initial Period”) each party to the dispute (“Disputant”) must cooperate and take all reasonable steps necessary to resolve the dispute.

26.3 If the Disputants are unable to resolve the dispute within the Initial Period, each Disputant agrees that the dispute must be referred for mediation to a mediator agreed on by the Disputant.

26.4 If the Disputants are unable to agree on a mediator within 7 days after the end of the Initial Period, then the parties must submit the dispute for mediation through the Law Society of Victoria and have the president of that law society appoint a mediator and set the matter for mediation.

26.5 The role of the mediator is to assist in negotiating a resolution of the dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

26.6 Each Disputant must pay its own costs of complying with this clause. The Disputants must pay equally the costs of any mediator engaged.

26.7 The mediation will be held in Victoria, Australia.

26.8 After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within 30 Business Days after commencement of dispute resolution.

26.9 All communications concerning negotiations made by the Disputants in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.

27. GENERAL

27.1 If a provision of these Terms is 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.

27.2 Other than as expressly set out in these Terms, no party has relied on any representation made by or on behalf of the other.

27.3 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.

27.4 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.

27.5 You can also find these Terms on our Sites and other platforms made available and updated by us from time to time:

https://schwartzmedia.com.au/
https://www.thesaturdaypaper.com.au/
https://www.themonthly.com.au/
https://www.australianforeignaffairs.com/

28. FORCE MAJEURE

Schwartz, its affiliates and information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

29. CONTRIBUTION TERMS AND CONDITIONS

Schwartz Media Pty Ltd and each of our Related Entities incorporated from time to time shall be referred to collectively as "Schwartz Media", “we”, “us”, or “our”.

We would like to provide an opportunity for Schwartz Media supporters in Australia to make a financial contribution to Schwartz Media (“Your Contribution”) in order to support our commitment to providing financial and editorial independence, as well as ongoing support to our editorial processes, across our selected products and publications (“Purpose”).

Please read these terms and conditions (“Terms”), any additional notices, disclaimers and our Privacy Policy carefully as they govern and apply to Your Contribution and the relationship between Schwartz Media and each contributor, including the terms on which Your Contribution may be accepted, refused, or returned by Schwartz Media. Contributions will only be accepted in the form of either a one-off payment or recurring payments made directly to Schwartz Media as described in these Terms.

Please note that any use, access and availability of our Services, including your Subscriptions (if any) to our Products and Services and/or your use of our Sites, are governed by the subscription terms and conditions located on our website, which can be accessed here Subscription Terms and Conditions (“Subscription Terms”). Capitalised terms in these Terms are given their meaning either in these Terms, or our Subscription Terms.

Please also review our Privacy Policy to learn more about how we use, collect and disclose any information you provide about yourself.

These Terms may be amended by us at any time, and by continuing to generously provide us with Your Contributions and use the Sites, you accept the Terms as they apply from time to time.

29.1. YOUR AGREEMENT

By making Your Contribution, you agree and acknowledge that:

Your Contribution is provided to Schwartz Media as an irrevocable gift to us;

You have a right to a refund of Your Contribution pursuant to the below terms and at our discretion;

Your Contribution will be used by us to support our Purpose; and

Your Contribution and our acceptance of the same is by way of a legally binding agreement between you and us, entered into by each party in consideration of the other’s obligations under, and subject to, these Terms.

29.2. PAYMENTS

29.2.1 You may make either one-off payments or recurring contributions. You can also change the amount of Your Contribution if you are kind enough to contribute on a recurring basis. Please contact us to set up your contributions.

29.2.2 Recurring contribution payments must be made via credit/debit card or PayPal, and payment information must be accurately provided in full at the time you agree to make a recurring contribution.

29.2.3 By setting up a recurring contribution, you authorise us to debit your nominated credit or debit card via our secure payment processing platform. The recurring contribution payment will continue indefinitely unless it is ended by either party pursuant to section 5 (Refunds and Cancellation of Contributions).

29.2.4 Payments will be made via a secure third-party payment gateway used by Schwartz Media for standard credit card transactions.

29.3. CONDITIONS OF CONTRIBUTORS

Contributions who are individuals must be aged 18 or over and Australian residents. All other contributors must be incorporated, established and/or registered in Australia (as applicable).

29.4. ADMINISTRATION OF CONTRIBUTIONS

29.4.1 All contributions to Schwartz Media shall be made via the contribution page available on the relevant Schwartz Media website. Contributions will be accepted by Schwartz Media for the entirety of the period during which the support page is live on the website.

29.4.2 Contributions received by Schwartz Media will be deposited in one or more bank accounts in the name of Schwartz Media together with other Schwartz Media funds. Each contribution will be identifiable by a unique merchant identification number and accounted for separately by Schwartz Media.

29.4.3 Once Your Contribution is processed, Schwartz Media will be legally and beneficially entitled to the amount of the contribution in its entirety and will treat the same by way of a gift, and you have no right to a return or refund of a contribution in any circumstances (other than as stated in these Terms), nor to receive any other benefit in return for Your Contribution. By way of example only, no contributor shall have any right to influence the output or policies, editorial or otherwise, of Schwartz Media.

29.4.4 Contributions to Schwartz Media are not classified as charitable donations under the laws of the states and territories of Australia and, to the best of Schwartz Media’s knowledge, contributions are not tax deductible.

29.5. REFUNDS AND CANCELLATION OF CONTRIBUTIONS

29.5.1 Schwartz Media reserves the right to refuse and return any contribution in its absolute discretion, including but not limited to where it considers that accepting the contribution would conflict with the mission, values or interests of Schwartz Media, and/or where, having regard to the source of the contribution or intentions of the contributor, Schwartz Media believes that to accept the contribution could adversely affect the impartiality, independence or reputation of Schwartz Media or damage Schwartz Media’s relationships with other contributors or stakeholders.

29.5.2 You may request that Your Contribution be refunded within 14 days after receipt of payment by notifying Schwartz Media by email at [email protected]. We will not consider any requests for a refund of a contribution received by Schwartz Media after the 14-day period.

29.5.3 Any contributions that are refused and/or returned will be paid back into the account from which Your Contribution was made.

29.5.4 Recurring contributions can be cancelled by simply emailing [email protected] or by calling 1800 077 514 during normal business hours.

29.6. WHAT WE WILL ASK FOR

29.6.1 We may ask you for the following information prior to you making Your Contribution:
your full name and contact details (including email address and telephone number);
your preferred payment method (including applicable credit card information);
any other information that we consider to be necessary or desirable to determine the source of the contribution.

29.6.2 We may also undertake any further investigations that we see fit to determine the source of the contribution and publicly identify you and the amount of your contribution.

29.6.3 If you refuse to provide any information requested by us, we may refuse the contribution and (if the same has been paid) return the same to you.

29.7. CONFIDENTIALITY AND PUBLICITY

You must not publicise Your Contribution or otherwise market yourself or any related person or business in connection with Your Contribution, unless you have our prior written consent, and only then if you agree to comply with any relevant policies, procedures or requirements of ours.

29.8. DATA PROTECTION AND PRIVACY

Any personal information provided by you to us for the purposes of making Your Contribution will be dealt with in accordance with our Privacy Policy. By making Your Contribution, you agree to these Terms as well as our Privacy Policy. Our Privacy Policy contains relevant information about how you may access and change the personal information held by us, how you may complain about a breach of the Australian Privacy Principles or a registered privacy code that binds us and how we will deal with such a complaint. Contact us if you have any queries.

29.9. EXCLUSION OF LIABILITY

To the fullest extent permitted by law, we or any affiliated person or Related Entity, employee, agent, officer or director will not be liable for any loss suffered by any donor or other person arising out of or in connection with a contribution, whether direct or indirect, including loss of revenue, loss of use or value of any data or equipment including software, wasted management, operation or other time (whether any of the foregoing are direct, indirect or consequential), loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and whether caused by tort (including negligence), breach of contract or otherwise, except in respect of any liability for death or personal injury or any other liability which cannot be excluded or limited under applicable law. We will also not be liable to you for any failure by any third-party payment processor to remit the amount of Your Contribution to us for whatever reason. Any requests by you for a refund arising from a failure of the payment processor should be directed to that payment processor or your bank.

By making a contribution, you acknowledge and agree that payments are processed through third-party payment systems. Accordingly, we will not have any liability for any software, mechanical or equipment failure caused by or as a result of any third-party payment platform or related technology.

30. MISCELLANEOUS

30.1 If a provision of these Terms is 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.

30.2 Other than as expressly set out in these Terms, no party has relied on any representation made by or on behalf of the other.

30.3 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 ours.

30.4 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.

30.5 You acknowledge and agree that by clicking on the button labelled "SUBMIT", "DOWNLOAD", “ORDER”, "I ACCEPT" or such similar links as may be designated by us to accept these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the Electronic Transactions (Victoria) Act 2000 (the "E-Sign Acts") or other similar statutes or successor or amended statutes whether in Victoria or other Australian states or territories, you agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the site or services offered by us. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.