Allure Media publishes Gizmodo Australia, Kotaku Australia, Lifehacker Australia, POPSUGAR Australia, Business Insider Australia, Business Insider Australia Research, Who What Wear Australia, Byrdie Australia and MyDomaine Australia.
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Please read this document carefully as it applies to your use of this Website.
This website (Website) is owned and operated by Allure Media Pty Limited (ABN 48 122 263 352) of Level 1, Suite 2, 50 Bridge St, Sydney NSW 2000 (Allure Media, we, us or our).
By accessing and using this Website, you:
- waive your rights to make any claim against us inconsistent with them.
1. General Terms
1.1 Licence to use the Content on this Website
All of the content on this Website (including, but not limited to, text, graphics, advertisements, software, information, User Content (as defined in clause 1.2(a)) and RSS Feeds (as defined in clause 2.1(a)) (Content) is subject to copyright and possibly other intellectual property rights of Allure Media (or our suppliers and/or licensors) and is protected by Australian and international copyright and trade mark laws.
We grant you a limited, revocable and non-transferable licence to access, view, use and print this Website and the Content solely for your personal, non-commercial purposes and only for those purposes (Licence).
Subject to applicable law, we may revoke the rights granted to you pursuant to this clause 1.1 at any time and may suspend or deny, in our sole discretion, your access to all or any part of this Website (including RSS Feeds) without notice.
1.2 User Content
This Website may contain content or material uploaded, posted, emailed or otherwise electronically transmitted (Posted) by you, or other users of this Website (User Content).
You grant us a perpetual, royalty-free, non-exclusive, irrevocable and worldwide licence to use, copy, modify, adapt, exploit, publish, display, re-distribute, broadcast, transmit, sublicense, create derivative works from and incorporate in other works any User Content Posted by you, at any time in the future in any form and for any purpose (User Content Licence), and waive in favour of us all moral rights and any similar rights in any jurisdiction which you may have or acquire in respect of User Content Posted by you.
We may access or examine any User Content and at our discretion, move, remove, edit, refuse to Post or disable access to User Content which we consider, in our sole discretion, to breach any law or to be otherwise unacceptable. You acknowledge that we have no responsibility or liability for the deletion or failure to store any content or material Posted by you or any other user on this Website.
If you use this Website, you are solely responsible for any User Content Posted by you. In using this Website or any service offered through it, you must not:
- violate any applicable laws, impersonate any person or Post any User Content that:
- infringes the intellectual property rights of any third party or Post User Content that you do not have the right to Post;
- is unlawful, harmful, threatening, abusive, misleading, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing, improper or otherwise objectionable to any other person or entity;
- contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of email; or
- contains a survey, contest, or pyramid scheme;
- distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; or
- collect or store personal data about other users of this Website or engage in any other conduct that inhibits or discourages any other person from using or enjoying this Website.
You acknowledge and agree that:
- we not responsible for User Content Posted on this Website nor under any obligation to monitor, move, remove, edit, refuse to Post or disable access to it; and
- User Content Posted on this Website is a means of public (not private) communication and we may disclose the identify or other information in relation to any person who Posts content or materials on this Website which may violate any applicable or relevant law for the purposes of co-operating with law enforcement authorities in any jurisdiction or complying with any lawful direction or request to do so.
You may be required to register with us in order to Post comments in relation to Content, to participate in Competitions or access some of the Content or other features or functionality of this Website. Where you are required to register:
- you must submit accurate, complete and updated registration information;
- you must safeguard any user name and password which we provide to you;
- you authorise us to assume that any person using this Website with your user name and/or password is either you or is authorised to act for you;
- where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password; and
- you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware.
You may cancel your registration at any time by notifying us (unless the specific terms and conditions of a Competition provide otherwise).
We may discontinue or cancel your registration in our sole discretion without notice if:
- you do not visit this Website for an extended period of time;
- if we conclude that your conduct impacts on our name or reputation or violates our (or a third party's) rights.
1.5 Links and advertisements
This Website contains hyperlinks to other websites owned or operated by third parties. We have not reviewed all of the third party websites linked to this Website and are not responsible for their content or accuracy (including sites linked through advertisements). The inclusion of any hyperlink does not imply that we endorse the linked site and you access the hyperlinks at your own risk. Your correspondence or dealings with, your participation in promotions of and your reliance on the representations of advertisers on this Website are matters that are solely between you and such advertisers.
Whilst browsing this Website, advertisements (including 'banner ads', 'full page ads' and 'pop-ups') may appear in the window of your Internet browsing software or elsewhere on your computer screen. You acknowledge and consent to this functionality and agree not to install or operate (or suffer the continued installation or operation of) any software designed to block, filter, 'zap', obscure or obliterate the display of such advertisements, or any other like software.
1.6 Variations to this Website
We may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.
1.8 Your representations and warranties
You represent and warrant that:
- all User Content that you Post is true, accurate and not confidential to or owned by any other person;
- all User Content Posted by you is owned by you, our use of such User Content does not infringe or violate the intellectual property rights or any other rights of anyone else and you have the right to grant the User Content Licence; and you will not use this Website
1.9 Content is personal opinion only
The views expressed in the Content, or which may be reasonably implied in material comprising it (including in streamed audio or audio-visual material), do not necessarily represent the views of Allure Media. You must evaluate and bear all risks associated with the Content and not rely on it or its accuracy, completeness or usefulness for any purpose, including as a substitute for any form of professional advice.
1.10 Use of this Website is at your own risk
You use this Website at your risk. To the extent permitted by law, everything on this Website is provided to you 'as is' without warranty or condition of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law and in particular:
- we endeavour to provide a convenient and functional Website, but we do not guarantee that your requirements will be met or that your access to the Content or this Website will be uninterrupted, error free or that this Website or the server that operates it is free of viruses or other harmful components; and
- while we may attempt to keep information on this Website current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on this Website.
This Website is accessible to you over the Internet which is an inherently insecure medium. You are responsible for implementing adequate security measures to protect your systems. We are not responsible for your negligence or failure to backup or protect your data, software or hardware from unintended modification, destruction or disclosure when accessing this Website over the Internet, or if your use of this Website results in the need for servicing or replacing property, material, equipment or data.
1.11 Service provider charges
You acknowledge and agree that Allure Media is not responsible for any charges that may be invoiced to you by your telecommunications service provider or your Internet service provider in relation to your access, use or downloading from this Website.
1.12 Liability and indemnity
To the maximum extent permitted by law:
- we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use this Website, or any content or material accessible at any time through it, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know or have been advised of the possibility of such damage; and
- our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
- in the case of goods: (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of such goods; (3) the payment of the cost of replacing the goods or acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired; and
- in the case of services: (1) the supply of the services again; or (2) the payment of the cost of having services supplied again.
You agree that we may communicate with you electronically for all aspects of your use of this Website, including sending you electronic notices.
2 Special Terms
The following special terms apply to your access to and use of certain features and functionality of this Website, in addition to the general terms described above.
2.1 RSS Feeds
Allure Media may make certain RSS feeds in respect of certain Content available to you through the Website from time to time (RSS Feeds). Your use of RSS Feeds is subject to the special terms described in this clause 2.1.
You acknowledge that in order to receive our RSS Feeds, you are required to install and operate third party-proprietary 'feed reader', 'feed aggregator' or 'news aggregator' software that is proprietary to third parties, on your computer system (Feed Reading Software). We are not responsible for any aspect of the Feed Reading Software and your downloading, installation, re-distribution and other use of Feed Reading Software is governed by the terms and conditions imposed on the use of that software by the relevant third party software provider.
Your access to our RSS Feeds is conditional on your compliance with those terms and conditions and you indemnify us against:
- any breach of them by you, or of any other agreements between you and third party providers of Feed Reading Software; and
- any damage or loss whatsoever which results from the download and/or use of our RSS Feeds.
By entering a subscription URL of any of our RSS Feeds into any Feed Reading Software installed on your computer system, you agree that:
- you will only use our RSS Feeds for your personal, non-commercial purposes and otherwise in accordance with clause 1.1; and
- you will not use our RSS Feeds for the purpose of promoting, endorsing or implying a connection between us and you (or any third party).
2.2 Mobile Access
Advertising Terms & Conditions
These terms apply to all advertising provided to any person or company (“Customer“) by Allure Media Pty Limited ABN 48 112 263 352 or a subsidiary (“Allure“). Customer includes an advertiser on whose behalf Advertising is placed and any media company or agency that arranges the Advertising for its clients.
Site is defined as any of the Allure sites which include: Business Insider Australia, Kotaku Australia, Lifehacker Australia, Gizmodo Australia, POPSUGAR Australia, Who What Wear Australia, MyDomaine Australia, Byrdie Australia and Kin Community ANZ.
1. Publication of Advertising
1.1 Subject to these Terms, Allure will use its reasonable endeavours to publish advertising (“Advertising“) in the format and in the position agreed with the Customer. “Advertising” includes images submitted for publication and content or information relating to published Advertisements.
1.2 Customer grants Allure a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising. Customer warrants that it is authorised to grant Allure the licence in this clause 1.
2. Right to Refuse Advertising
2.1 Neither these Terms nor any written or verbal quotation by Allure represents an agreement to publish Advertising. An agreement will only be formed between Allure and Customer when Allure accepts the Advertising in writing or generates a tax invoice for that Advertising.
2.2 Allure reserves the right to refuse or withdraw from Site any Advertising at any time without giving reasons (even if the Advertising has previously been published by Allure).
3 Except in accordance with clause 12, Allure will not be liable for any loss or damage incurred by a Customer arising from Allure’s failure to publish Advertising in accordance with a Customer’s request.
4. Submission of Advertising
4.1 Customer warrants to Allure that the publication of the Advertising does not breach or infringe:
(a) the Competition and Consumer Act (Cth) or equivalent State legislation;
(b) any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
(c) any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
(d) State or Commonwealth privacy legislation or anti-discrimination legislation;
(e) any financial services law as defined in the Corporations Act 2001 (Cth); or
(f) any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
4.2 Customer warrants that if Advertising contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the Customer has obtained the authority of that person to make use of his/her name or representation or the copy.
4.3 Advertising containing contact details for the Customer must contain the full name and street address of the Customer. Post office box and email addresses alone are insufficient.
4.4 If a Customer submits Advertising that looks, in Allure’s opinion, like editorial material, Allure may publish the Advertising under the heading “Advertising” with a border distinguishing it from editorial.
4.5 Allure will not be responsible for any loss or damage to any Advertising material left in its control.
4.6 Advertising submitted electronically must comply with Allure’s specifications. The specifications can be found http://www.alluremedia.com.au/advertising#adspecs. Allure may reject the Advertising material if it is not submitted in accordance with such specifications.
4.7 Advertising material delivered digitally must include the Allure booking identification number.
4.8 If Customer is a corporation and the Advertising contains the price for consumer goods or services, Customer warrants that the Advertising complies with the component pricing provisions of the Competition and Consumer Act (Cth) and contains, as a single price, the minimum total price to the extent quantifiable at time of the Advertising.
4.9 Customer must not resell Advertising space to any third party without Allure’s consent.
4.10 If Advertising promotes a competition or trade promotion, Customer warrants it has obtained all relevant permits and indemnifies Allure against any loss in connection with the Advertising.
5. Online Advertising
5.1 For online banner and display Advertising, Customer must submit creative materials and a clickthrough URL to Allure at least 3 working days or within such other deadline advised by Allure at its discretion before publication date. Allure may charge Customer for online Advertising cancelled or postponed on less than 30 days’ notice or if creative materials are not submitted in accordance with this clause 5.1. Where advertising is cancelled, all production costs incurred will be charged in full. To change, stop or suspend online advertising campaign, the Customer must give Allure a minimum of 24 hours’ notice.
5.2 All online Advertising (including rich media) must comply with Allure’s advertising specifications.
5.3 Allure will measure online display and banner Advertising (including impressions delivered and clicks achieved) through its ad-serving systems. Results from Customer or third party ad-servers will not be accepted for the purposes of Allure’s billing and assessment of Advertising.
5.4 Allure is not liable for loss or damage from an internet or telecommunications failure.
6. Integrated campaigns best practice guidelines and special conditions
6.1 Allure is committed to a ‘content-first’ approach with high-quality, premium content created for each platform (social, digital, offline, etc.) (collectively referred to as Integrated Campaigns). Allure offers Customers seamless brand integration using the same point of view and approach as our editorial content. We provide a unique and authoritative brand experience to increase relevancy and align brand partners in a premium environment.
6.2 All talent options are subject to change pending fees and availability. Allure reserves the right to revise talent options and provide suitable alternatives where necessary with written notification to Customer.
6.3 During Integrated Campaign kick-off calls, Allure will provide Customer with a detailed timeline outlining campaign elements, delivery dates and deadlines. Please note that custom executions which involve pre-production, photo (or) video shoot, and post-production stages require a minimum of 4 weeks lead time before full asset delivery.
6.4 Allure requires Customers to adhere to timeline deadlines regarding the supply of detailed information and assets related to their respective Integrated Campaign. Assets include: look books, style guides, fonts, logo, hi-res product imagery (white background preferred), relevant press releases and campaign imagery. Please only provide materials suitable for campaign inclusion to avoid confusion.
6.5 The intellectual property rights in Integrated Campaign content produced by Allure (Allure Produced Content) vests in Allure upon creation. Usage rights to all Allure Produced Content are exclusive to Allure owned and operated Sites only. Subject to clause 6.8, Customers may distribute site links to Allure Produced Content on their owned and operated websites and social channels only. Client, third party or commercial distribution of any Allure Produced Content is prohibited unless otherwise agreed by Allure based on usage dates and specific requirements provided by the Client at the time of brief.
6.6 For the purposes of these terms, Integrated Campaigns can include advertorial content which is written by Allure, aligned to the Advertiser’s brand and approved by the Customer (Advertorial Content); or sponsored content which is written by Allure’s editorial team in accordance with a theme that is agreed by the Client, but aligned to Allure’s brand and not subject to Customer approval (Sponsored Content). Allure offers a maximum of one round of edits per custom campaign advertorial line item on Advertorial Content. Any revisions beyond this standard or revisions outside of the original creative brief/program scope will result in a delayed launch or may incur creative fees of $500 per revision. Please note this applies to Advertorial Content only, Sponsored Content does not include approval.
6.7 Allure designs with our readers in mind, Fonts, colours, and brand imagery will blend seamlessly with our site branding to inspire an engaged and positive response from our readers.
6.8 Allure Media allows social media content boosting for Sponsored Content only (not Advertorial Content). Our guidelines require Customers to be transparent and keep us informed of their intention to boost content, which posts, time and duration. If the Customer decides to boost Sponsored Content it will be done at Customer’s cost. In order to protect the brand experience, the spend on any social boost must be capped at $2,000 per post and the relevant audience must be targeted.
7.1 Customer must promptly check proofs of Advertising (if provided to the Customer by Allure) and notify Allure of any errors in the proofs or in published Advertising. – creative build or commercial editorial content
7.2 Allure does not accept responsibility for any errors submitted by the Customer or its agent, including errors in Advertising placed over the telephone.
7.3 Customer must send any claim for credit or under deliver in writing to Allure no later than 7 days after the date of campaign of the Advertising or date that the final invoice is received, whichever is later.
8. Advertising Rates and GST
8.1 The Customer must pay for Advertising, unless otherwise agreed, at the casual ratecard rate. Ratecard rates may be varied at any time by Allure without notice. Customer must pay GST at the time it pays for Advertising. Allure will provide a tax invoice or adjustment note (as applicable).
8.2 Eligibility for discounts or rebates will be based on the Customer’s GST-exclusive advertising spend.
9. Credit and Customer Accounts
9.1 Allure may grant, deny or withdraw credit to a Customer at any time in its discretion.
10.1 The Customer must pre-pay for Advertising if required by Allure. If a commercial account has been established with Allure, payment must be within 45 days of invoice date.
10.2 Customer must pay the full price for Advertising even if Allure varied the format or placement of the Advertising or if there is an error in the Advertising, unless the error was material and Allure’s fault. Customer must pay its electronic transmission costs.
10.3 Customer to pay the full value in Australian Dollars as quoted. Allure will not be responsible for changes to the exchange rates.
11. Failure to Pay and Other Breach
11.1 If Customer breaches these terms, fails to pay for Advertising or suffers an Insolvency Event (defined in clause 11.2), Allure may (in its discretion and without limitation):
(a) cancel any provision of credit to Customer;
(b) require cash pre-payment for further Advertising;
(c) charge interest on all overdue amounts at the rate 2% above the Westpac Overdraft Base Rate;
(d) take proceedings against the Customer for any outstanding amounts;
(e) recover Allure’s costs including mercantile agency and legal costs on a full indemnity basis;
(f) cease any further Advertising or terminate an agreement for Advertising not published;
(g) exercise any other rights at law.
11.2 A Customer suffers an “Insolvency Event” if:
(a) Customer is a natural person and commits an act of bankruptcy; or
(b) Customer is a body corporate and cannot pay its debts as and when they fall due or enters an arrangement with its creditors other than in the ordinary course of business or passes a resolution for administration, winding up or liquidation (other than for the purposes of reorganisation or reconstruction); or has a receiver, manager, liquidator or administrator appointed to any of its property or assets or has a petition presented for its winding up.
11.3 Allure may withhold any discounts or rebates if Customer fails to comply with its payment obligations.
11.4 A written statement of debt signed by an authorised employee of Allure is evidence of the amount owed by the Customer to Allure.
12.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of Allure in connection with the Advertising.
12.2 Allure excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Competition and Consumer Act and equivalent State acts) which cannot by law be excluded (“Non-excludable Condition“).
12.3 Allure limits its liability for breach of any Non-Excludable Condition (to the extent such liability can be limited) and for any other error in published Advertising caused by Allure to the re-supply of the Advertising or payment of the cost of re-supply (at Allure’s option).
12.4 Subject to clauses 12.2 and 12.3, Allure excludes all other liability to the Customer for any costs, expenses, losses and damages incurred in relation to Advertising published by Allure, whether that liability arises in contract, tort (including by Allure’s negligence) or under statute. Without limitation, Allure will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
12.5 The Customer indemnifies Allure and its officers, employees, contractors and agents (the “Indemnified“) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer’s breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.
13.1 Allure collects a Customer’s personal information to provide the Advertising to the Customer and for invoicing purposes. Allure may disclose this personal information to its related bodies corporate, to credit reporting agencies and other third parties as part of provision of the Advertising and for overdue accounts, to debt collection agencies to recover amounts owing.
13.2 Allure provides some published Advertising to third party service providers. Where such Advertising contains personal information, Customer consents to the disclosure of their personal information in the advertising to third parties and to the personal information being republished by a third party.
14.1 Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors (“Agents“) treat as confidential and will not disclose, unless disclosure is required by law:
(a) the terms of this Agreement (including terms relating to volumes and pricing);
(b) information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising, prices or volumes;
(c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;
(d) any information derived wholly or partly for any information referred to in (a) to
Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.
15.1 These Terms, with any other written agreement, represent the entire agreement of the Customer and Allure for Advertising. They can only be varied in writing by an authorised officer of Allure. No purchase order or other document issued by the Customer will vary these Terms.
15.2 Allure will not be liable for any delay or failure to publish Advertising caused by a factor outside Allure’s reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
15.3 Allure may serve notice on Customer by post or email to the last known address of the Customer.
15.4 These Terms are governed by the laws of the State in which the billing company for the Advertising is located and each party submits to the non-exclusive jurisdiction of that State.