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Website Terms of Use:


In these terms, “Bauer”, "we", "us" and "our" means Bauer Media Pty Limited (ABN 18 053 273 546) of Level 8, 54 Park Street, Sydney, New South Wales, Australia. Please read these terms carefully as they apply to your use of this website and all of its contents, and also apply to any associated services, products, software provided by us (the “Website”).  By accessing or using the Website you agree to be bound by these terms. 

 

We may revise these terms from time to time by updating this posting.  The revised terms will take effect when they are posted.

 

Licence to use the content on the Website:


You acknowledge that the Website, the content posted on the Website by us and our users, and the underlying software and technologies used to operate the Website, are all subject to copyright, trademark and other intellectual property rights (collectively, “Intellectual Property Rights”).

 

We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes. 

 

We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or, except for the licence referred to above, authorise you to exercise any Intellectual Property Rights unless we expressly agree otherwise.

 

Except as provided in these terms, permission to reprint or electronically reproduce the Website or any of its contents, in whole or in part, whether by automated or manual means (including through the use of any so-called robot, spider, scraper or similar technology) is prohibited, unless prior written consent is obtained from us. 

 

We may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.

 

Social sign in and membership:


In order to access certain features on the Website, you may need to do any or all of the following:

 

register as a member;

sign in via your social media account; or

verify that you are over 18 years old.

 

Your use of social sign in is subject to the terms and conditions of your account with the third party social media service provider in addition to these terms.

 

In order to register as a member, you must provide us with accurate and up to date registration information. You may wish to nominate a member user name which is different to your real name. However, you must not impersonate the identity of someone else or use a vulgar or offensive member name. In some instances we may require you to provide your real name or other identifying information.

 

In addition to registration, you may be required to verify that you are over 18 years old in order to access certain content on the Website. We reserve the right to implement restricted access and age verification mechanisms as we deem appropriate.

 

Disclaimer:


Except where expressly specified, the content on the Website is provided for your information only. It is not intended as advice and you should not rely upon it as such. You should verify any important information we provide (such as information about health, finances and travel) and seek independent advice prior to making any decisions.

 

Content you submit via the Website:


Where requested, we encourage you to contribute to the Website by submitting comments, participating in the Website discussion forums and quizzes and, where appropriate, uploading information and photos (collectively, “Submissions”).

 

You retain copyright and any other rights you already hold in any Submissions.  By submitting, posting or displaying the Submissions, you give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the Submissions in any form.

 

You warrant to us that you have all the rights, power and authority necessary to grant the licence of your Submissions above, and that our use of your Submissions in accordance with these terms will not infringe the rights (including Intellectual Property Rights) of any person or entity or breach any applicable law.

 

You must not submit, post, display or otherwise contribute to the Website any of the following:


any comment, review, message, data, information, text, music, sound, photo, graphic, code or any other material (collectively, "Content") that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or which discriminates against or vilifies any group or individual or which would be rated R, RC or X by the Australian Classification Board;

 

Content that may infringe any trade secret or Intellectual Property Rights of any person or entity;

 

Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us;

unsolicited promotions, mass mailings or “spamming”, transmission of "junk mail", "chain letters," political campaigning, advertising, contests, raffles, solicitations or the promotion of fund raising or charitable causes (unless in response to a written request made by us);

Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; or

private information of any third party, including, surname (family name), addresses, phone numbers, email addresses and credit card numbers.

 

You understand that by using the Website, you may be exposed to Submissions that you find offensive, indecent or objectionable, and that, in this respect, you use the Website at your own risk.  We reserve the right in our sole discretion and for any reason to pre-screen, review, flag, filter, modify, refuse or remove any or all Submissions from the Website, but we have no obligation to do so, and we will not be responsible or liable for any of the Submissions.

 

You must abide by any community guidelines which may be posted on the Website by us. 

 

You acknowledge that each user of the Website is responsible for their own Submissions, and as a result, we have no control over the truth, accuracy or completeness of the Submissions.

 

Linking to this Website:


We encourage you to provide links to this Website.  While you may use the name of the Website in the text of any such link, you may not use any of our logos or trademarks without our prior written consent. 

 

You must not frame this Website or represent or imply that any part of the Website belongs to anyone other than us.

 

If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.

 

General restrictions:


In using the Website, you must not:

 

violate any applicable laws;

distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;

disclose any password associated with an account you use to access the Website (and you will be solely and personally responsible for all activities that occur under your account);

collect or store personal data about other users of the Website;

use the Website for any purpose that is threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person’s rights; or

engage in any other conduct that inhibits any other person from using or enjoying the Website.

 

Warranties and liability:


You may have rights under statutory consumer protection laws, including theCompetition and Consumer Act 2010(Cth), which cannot be excluded, restricted, limited or modified.  The following exclusions of warranties, and the limitations of liability below, apply subject to any rights you may have under such laws.

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE".  IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

 

YOUR ACCESS TO AND USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS (AND YOU ACKNOWLEDGE THAT YOU HAVE RELIED UPON YOUR OWN EXPERIENCE, SKILL AND JUDGEMENT TO EVALUATE THE WEBSITE AND THAT YOU ARE SATISFIED AS TO THE SUITABILITY OF THE WEBSITE TO MEET YOUR REQUIREMENTS); OR

YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM VIRUSES OR ERROR.

 

WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, WARRANTIES, GUARANTEES OR OTHER PROVISIONS THAT ARE NOT CONTAINED IN THE TERMS (WHETHER BASED IN LEGISLATION, THE COMMON LAW OR OTHERWISE) ARE EXCLUDED, INCLUDING ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES AS TO ACCEPTABLE QUALITY, FITNESS FOR PURPOSE, TIMELINESS OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 

 

If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non-Excludable Term"), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach of the Non-Excludable Term is limited to one or more of the following at our option:

 

In relation to goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or

In relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

 

SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN RELATION TO THESE TERMS OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF THE WEBSITE IS LIMITED TO $100.  OUR LIABILITY TO YOU WILL ALSO BE DIMINISHED TO THE EXTENT THAT YOUR ACTS OR OMISSIONS (OR THOSE OF A THIRD PARTY) CONTRIBUTE TO OR CAUSE THE LOSS OR LIABILITY.

 

SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT ARE WE LIABLE UNDER OR IN RELATION TO THESE TERMS OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF THE WEBSITE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS OR DAMAGE OR FOR ANY LOSS OF GOODWILL, OPPORTUNITIES, ANTICIPATED SAVINGS, PROFITS, REVENUE OR BARGAIN.

 

The limitations and exclusions above apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.

 

You must indemnify, defend and hold harmless us and our affiliates, and their respective directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in these terms, your breach of or failure to comply with any laws or your misuse or infringement of any rights (including Intellectual Property Rights) of a third party.

 

We cannot be responsible for any loss, corruption or interception of data sent to or from the Website that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.

 

Variation of the Website:


We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.

 

Links and advertisements:


The Website may contain links to websites operated by third parties or include advertising or promotional material provided by our advertisers. We are not responsible for, and do not endorse, the content or accuracy of any other sites linked to the Website or advertising or promotional material published on the Website.  You should contact the relevant third party directly if have any questions.

 

In some instances, advertisements will contain offers which you accept by clicking through to an advertiser’s website. The advertiser is solely responsible for the offer.

 

Where the Website includes products available for purchase, the prices and product description are the responsibility of the retailer.

 

Privacy policy:


In using the Website, you may give us personal information in which you have certain rights.  By using the Website, you grant us consent to use your personal information in accordance with our privacy policy which can be viewed at http://www.bauer-media.com.au/privacy.htm, which forms a part of these terms. 

 

General:


If any part of these terms is:

 

held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible; or

inconsistent with any applicable law, the inconsistent part is to be read subject to that law to the extent necessary,

and the remainder will remain in full force and effect.  These terms are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

 

These terms constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Website. 

 

Your use of the Website is conducted electronically and we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices. 

 

The word “including” when used in these terms is not a term of limitation.

 

#COSMOIGGY INSTAGRAM COMPETITION 16/08/2014:

 

  1. Instructions on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

 

  1. Entry is open to residents of Australian residents aged 13 years and older, who follow Cosmopolitan Australia magazine on Instagram. Entrants under 18 years must have prior parental or legal guardian consent to enter. Employees of the Promoter, associated agencies and their immediate families, are not eligible to enter.

 

  1. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.

 

  1. The promotion commences on Wednesday 16 July 2014 and closes 03 August 2014 23:59 AEST on Sunday 3 August 2014. The judging will be done by a panel of judges appointed by the Promoter. The judging will take place at the Promoter’s premises 54 Park Street, Sydney NSW 2000 and will begin on Monday 4 August 2014. The Promoter will notify the winner by private messaging the winner's post from the @cosmoaustralia Instagram feed. The winner must follow the instructions within that post to contact the Promoter to redeem their prize.

 

  1. To be eligible to enter entrants can enter two ways:
    1. Entrants must post (onto the entrant's own Instagram feed) a photograph of the August issue of  and in the comment of their photograph they must upload the image onto @cosmoaustralia Instagram feed and must use the hashtag #cosmoiggy.
    2. Entrants with a private Instagram account may screenshot their Instagram post and direct message the @cosmoaustralia Instagram.

 

  1. To be a valid entry all Photographs must include/feature the August 2014 issue of  Australia. The choice of colour, black and white and filter of the image is at the discretion of the entrant. No responsibility will be taken by the promoter in the event that the original entry (including but not limited to the submitted photograph) is lost or damaged in editing or during the process of submission. In addition to other requirements in these Conditions of Entry, entries must not contain anything unlawful, misleading, discriminatory or defamatory; not contain content that is otherwise inappropriate; and not bully, intimidate or harass.
  2. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.
  3. The entrant must not engage in any illegal or unsafe behaviour while taking the photograph (entry).
  4. The entrant must not be wearing swimwear or lingerie in the photograph.
  5. This is a game of skill, chance plays no part in determining the winner.
  6. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.  Entrants understand that they are providing their information to the Promoter and not to Facebook or Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook or Instagram. 

 

  1. This is a game of skill, chance plays no part in determining the winner. Each entry will be individually judged based on its creative merit of the photograph and comment, literary merit to answer to the question provided and suitability to the Promotion. The judges’ decision in relation to any aspect of the competition will be final and binding on every person who enters. No correspondence will be entered into.

 

  1. The Entrant warrants to the Promoter that the entry submitted is an original artistic work of the Entrant that does not infringe the rights of any third parties. If the entry or any part of the information provided to the Entrant in relation to the entry was provided by a third party, the Entrant warrants that they have obtained the relevant copyright permission to submit the entry for the purposes of this promotion. The entrant agrees to indemnify the promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition.

 

  1. The Promoter is entitled to use any of the entries submitted in any manner and for any purpose at its absolute discretion, including using the entries for future promoter’s or their agents book publications, promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. The promoter is entitled to amend, edit, select, crop, retouch, add to or delete from any part of the submitted entry.

 

  1. Entries must not be offensive, defamatory or racist.  Any entry which the judges deem inappropriate will be invalid.  The entrant agrees to indemnify the Promoter.

 

  1. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

 

  1. The best (1) valid entry as determined by the judges will be deemed the major prize winner and will win:

 

-       Marc Jacobs fragrance RRP $90

-       5 x Rimmel Lipsticks RRP $64.75

-       Sunescape Sunless Tanning Mousse RRP $39.95

-       Yes To Cucumbers Facial Towelettes RRP $7.95

-       Neal’s Yard Remedies Organic Bee Lovely hand cream RRP $19.95

-       Beauty Chef GLOW powder RRP $59.95

-       Benefit They’re Real range including Liner, Mascara, Remover RRP $98.00

-       Dr Lewinn’s Private Formula Day Cream and Serum $119.90

-       The Aromatherapy Co Colour Fusion Candle and 120ml Diffusion Set (in the PINK, Fuschia & Wild Peony) RRP $54.90

-       Curtis Collection Mineral Perfecter Illuminating Pen RRP $42.00

-       Glasshouse Destination Candle, Bordeaux, 350g, RRP $39.95,

 

Total prize pool is valued at up to $637.30. Any ancillary costs associated with redeeming the prize are not included. These are the responsibility of the winner.

 

  1. Products included in the major prize package (including but not limited to titles, colour, design, sizing, model, finish, style etc) will be determined by the promoter in its complete discretion. All prizes must be taken as offered.

 

  1. If the winner is under the age of 18 years, the prize will be awarded to the winner’s parent or legal guardian on behalf of the winner. It is the responsibility of the winner’s parent/legal guardian to prove their parental status/ legal guardianship at the time of winner notification. In the event that for any reason whatsoever a person/s mistakenly represents themselves to be a winners parent and/or legal guardian, then that person will be liable for all costs associated with relocating and/or re-awarding the prize (including but not limited to and administrative fees incurred by the Promoter). Where relevant, the Promoter is only responsible for ensuring that the prize is awarded to a person who is either a parent or legal guardian of the winner. The Promoter is not responsible for determining any other delivery details or taking direction that relates to any ongoing family law negotiations and/or determinations. These are the responsibility of the winner and their respective parent/s and/or legal guardian/s. 

 

  1. The prize will be delivered to the nominated address of the Prize winner. Delivery of the Prize is valid to any state and/or city in Australia.

 

  1. In the event that for any reason whatsoever the Winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited by the Winner and cash will not be awarded in lieu of the prize.

 

  1. In the event that a prize, or part of a prize, is unavailable, the Promoter reserves the right to substitute the prize or part of the prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value.

 

  1. The promoter is neither responsible nor liable for any late lost or misdirected mail (including but not limited to prizes).

 

  1. The Promoter is not responsible nor liable for any prize damaged in transit in the delivery of their prize

 

  1. During the Promotional period the photograph component of the entry may appear on the COSMOPOLITAN website or social media pages. For the removal of doubt any entries that are featured on the COSMOPOLITAN website or social media pages may not be deemed as the winning entry and does not allow any entrant to be awarded the major prize or any other prize.

 

  1. It is a condition of participating in the competition that the entrants agree to be interviewed, photographed and filmed at any time or their entry or part of their entry to be used by the Promoter or their agents for a story or feature on this promotion to be developed and featured in COSMOPOLITAN magazine, website or social media pages (or any other form of media it deems suitable) without further remuneration or reference to the participant. Details may feature in COSMOPOLITAN magazine, website or social media pages on a date to be determined by the Promoter. The inclusion of any such feature (including but not limited to creative control of the feature) will remain with the Promoter at all times.

 

  1. As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. 

 

  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

 

  1. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including  but not limited to natural disaster)the  Promoter reserves the right to subject to reference to all relevant  state and territory rules and regulations, to cancel, terminate, modify or suspend the promotion.

 

  1. If a medical circumstance in some way restricts your ability to enter the competition through the required mechanic, you are still eligible to enter however you must briefly state your circumstances upon entry.

 

  1. If your entry is selected as a winning entry, validation of your circumstances/ the validity of your entry will be undertaken by the Promoter. Method of validation (without limitation) will be determined by the Promoter in its complete discretion. If the winning entry is deemed to be a winner, the winner will be notified as per the terms and conditions herein. In the event that the Promoter requests the entrant to sign any legal documents relating to the verification of their medical circumstance, the legal documents will take the form determined by the Promoter. It is a condition of accepting the prize the winner sign any such legal documentation.

 

  1. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

 

  1. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees,  the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.

 

  1. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

 

  1. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.

 

  1. All entries become the property of the Promoter. The collection, use and disclosure of personal information provided in connection with this promotion is governed by the Privacy Notice (see www.bauer-media.com.au for location of privacy notice).

 

  1. By entering this promotion, the entrant consents to receipt of any email regarding the promotion, and other emails which inform the entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services it may be interested in.

 

  1. The Promoter is Bauer Media Limited (ABN 18 053 273 546) of 54 – 58 Park Street, Sydney, NSW 2000.  Phone: 02 9282 8000.
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