AAPNews User Terms and Conditions as at 9 February 2022

  1. This AAPNews Platform access agreement is between You and Australian Associated Press Limited (AAP), ABN 94 641 582 121 of Suite A, 188 Oxford St Paddington NSW 2021, and governs the entire relationship between You and AAP with respect to Your use of the AAPNews Platform. Subscribers who use the AAPNews iPad or iPhone apps are also subject to the Apple terms of service. Subscribers who use the AAPNews Android smartphone or tablet apps are also subject to the Google Play terms of service. Payment for Subscriptions is handled by third-party payment operators including Apple App Store, ApplePay, Google Play and Stripe (Payment Operators) and Subscribers are also subject to their terms and conditions of use and privacy policies (Payment Operator Terms).
  2. By accessing the AAPNews Platform, You agree to be bound by these Terms and Conditions. AAP may in its absolute discretion amend these Terms and Conditions at any time by publishing updated Terms and Conditions. By continuing to access the AAPNews Platform after publication by AAP of updated Terms and Conditions, You agree to be bound by those updated Terms and Conditions from the date of their publication.
  3. By using the AAPNews Platform, You warrant that You are a natural person 18 years or over or otherwise possess legal parental or guardian consent.

    4. Subscription Packages

  4. Access to AAPNews Content on the AAPNews Platform is by subscription only. Subject to these Terms and Conditions, Subscribers on the following Subscription Packages are entitled to access and display the following AAPNews Content on their computer (via an internet browser), Apple or Android smartphone or tablet by logging in as required by the AAPNews Platform:
    5. Subscription PackageIncluded AAPNews Content
    All AccessAccess to all stories published on the AAPNews Platform each day and up to 90 days of archived stories
    Student AccessAccess to all stories published on the AAP News Platform each day and up to 90 days of archived stories
  5. If an item of AAPNews Content includes a facility for sharing the item on a particular social media platform, You may share it on that platform only by using that facility in accordance with the platform’s terms of use. AAPNews Content may not be “copied and pasted” to any published medium.
  6. AAP reserves the right to modify the inclusions, pricing, availability and content of any Subscription Package, or add or remove Subscription Packages at any time. In the event of a material change to the inclusions, availability or content of Your Subscription Package, You will be given 30 days’ notice of such a change. If You do not cancel Your Subscription within that time (see clause 17 below), You will be taken to have accepted the change to the Subscription Package. See clause 16 below for changes in pricing.

    7. Creating an AAPNews account

  7. Subscribers must create an AAPNews account by providing (or linking) an email address, their name and creating a valid password (Login Details) and payment details to the Payment Operators indicated in the Subscription Form (Payment Details). Your submission of Login Details and/or Payment Details constitutes a Subscription Order. Notices under these Terms and Conditions will be sent to the email supplied in the Login Details. You must not impersonate or create a Subscription for any person other than Yourself. AAP may request identification material or require you to submit a form or link to verify Your identity or eligibility for a Subscription Package. Subscribers are responsible for having appropriate devices, apps, operating systems and software at their cost to access the AAPNews Platform.
  8. AAP reserves the right to exclude or deny any person access to the AAPNews Platform at any time in its sole discretion.
  9. AAP reserves the right to refuse to accept a Subscription order at any time for any reason.
  10. Each AAPNews account is for the personal, non-commercial use of the Subscriber only (for business subscriptions contact newswire@aap.com.au) and Login Details are not to be shared. If any such misuse is detected by AAP, Your AAPNews account may be immediately suspended and/or terminated without notice and You will not be eligible for a refund.
  11. It is Your responsibility to ensure that Your Login Details and Payment Details are up to date on Your AAPNews account page.
  12. AAP and/or the relevant Payment Operator will verify whether Payment Details are valid and if they are, or at any time become, invalid, or a payment due is for any reason not received by AAP, AAP may decline to create, or immediately suspend or terminate, Your AAPNews account. AAP may, but is not required to, contact You to request updated Payment Details.

    13. 7-day Free Trial

  13. Upon acceptance of Your Subscription Order, You will become a Subscriber and will be issued with an AAPNews account and be automatically entered into an “All Access” Subscription Package for a 7-day trial period. Each Subscriber is entitled to only one 7-day trial period. At any time prior to expiry of the 7-day trial period, You may elect to change to another Subscription Package (if eligible/applicable) by accessing Your AAPNews account page and selecting a different Subscription Package. If You cancel Your Subscription (see clause 17 below) within the 7-day trial period, AAP will terminate Your Subscription without charge.

    14. Subscription Term

  14. If You do not cancel Your Subscription during the 7-day trial period, the Subscription Package selected in Your AAPNews account at expiry of the 7-day period will be the Subscription Package applicable to the first month of Your Subscription and you will be charged the first monthly payment amount (pro-rated to account for the 7-day trial period) for that Subscription Package after the 7-day trial period expires.
  15. Your Subscription automatically renews on the same date in each month as the date on which Your Subscription commenced (or where the date is not counted in a relevant month, the latest date in that month) (Renewal Date).
  16. The monthly payment for Your Subscription will be the amount payable for Your Subscription Package, unless You are notified of any price change by AAP, in which case the monthly payment will be the monthly payment amount indicated in the notice, and will be charged on the next Renewal Date that is at least 14 days after notification. Each monthly payment will be deducted from the Payment Details on the Renewal Date for the following month.

    17. Cancellation

  17. Your Subscription may be terminated at any time by sending an email from the email linked to Your AAPNews account to aapnews@aap.com.au with the phrase “cancel subscription” in the subject field. Cancellation of Your Subscription is only accepted by AAP when it has been confirmed in writing to the email address linked to Your AAPNews account and will take effect from the day prior to the next Renewal Date, or if Cancellation takes place within 5 business days of a Renewal Date, from the day prior to the following Renewal Date.

    18. Changing Your Subscription Package

  18. You may elect to change Subscription Packages at any time (if eligible/applicable) by accessing Your AAPNews account page and selecting a different Subscription Package. Changes to Subscription Packages will take effect on the next Renewal Date, or if the change is received by AAP within 5 business days of a Renewal Date, from the following Renewal Date.

    19. Payments

  19. Monthly payment amounts are in Australian dollars and You are responsible for any taxes, duties and foreign currency conversion charges associated with monthly payments, and all additional charges incurred by You in accessing Your AAPNews account, including but not limited to telecommunications, data or other service provider fees.
  20. Unless specified otherwise at the time of charge or an invoice, monthly payment amounts are exclusive of GST (as defined in the A New Tax System (Goods and Services Tax) Act 1999). By accepting these Terms and Conditions You agree to pay us an amount equivalent to the GST imposed on these charges, which may charged by AAP along with Your monthly payment.
  21. If You are required to make a deduction or withholding on account of withholding tax in respect of any monthly payment, You must: pay the tax in accordance with applicable law; use best endeavours to obtain an official withholding tax certificate from the appropriate governmental agency; and deliver a copy of the withholding tax certificate to AAP no more than 20 calendar days after receiving it.
  22. All monthly payments already charged are non-refundable. Cancellations only apply to periods after the next Renewal Date, provided they are made 5 business days in advance of the next Renewal Date. If You are unable to access AAPNews Platform due to reasons not related to AAP, then You are not eligible for a refund or credit of any kind.

    23. Privacy

  23. AAP treats all personal information it collects in accordance with its Privacy Policy. Subscriber consents to AAP and its Payment Operators collecting, using and disclosing personal information, including Login Details and Payment Details, in accordance with that policy which can be found at aap.com.au/legal (or the Payment Operator's privacy policy, as applicable).
  24. AAP does not and will not ask for or store Your Payment Details in its systems. If You purchase a Subscription through the app store, Your Payment Details are held with Apple (for iOS) or Google (for Android). If You purchase Your Subscription directly from AAP, Your payment details are held with Stripe. All payments are processed through Payment Operators and transaction details are stored securely within their PCI compliant systems in accordance with the Payment Operator Terms and in accordance with their privacy policies, to which You are deemed to agree by submitting Your Payment Details to the relevant Payment Operator.

    25. AAPNews Content Terms

  25. The AAPNews Platform contains material which is owned by or licensed to AAP from third party sources. This material includes, but is not limited to, the design, layout, look, appearance, AAPNews Content, source code, trademarks (registered and unregistered) and graphics (Protected Material). AAP reserves all rights (including without limitation intellectual property and similar rights) in the Protected Material. You are not permitted to reproduce, publish, communicate, disseminate or commercially exploit in any way the Protected Material for any purpose, including without limitation to establish, maintain or provide, or assist in establishing, maintaining or providing Your own publications, website or other means of distribution.

    26. Termination

  26. AAP may terminate Your Subscription immediately by written notice if:
    1. You act, or omit to act, in breach of these Terms and Conditions and the breach cannot be rectified or if rectifiable, Subscriber fails to rectify the breach within 14 days of AAP giving You written notice of the breach; or
    2. AAP is unable to provide the AAPNews Platform for more than 5 business days; or
    3. You breach, or indicate an intention to breach, clause 25.
  27. You may terminate Your Subscription immediately by written notice if AAP acts, or omits to act, in breach of these Terms and Conditions and the breach cannot be rectified or if rectifiable, AAP fails to rectify the breach within 14 days of Subscriber giving written notice of the breach to AAP by emailing aapnews@aap.com.au and generalcounsel@aap.com.au. Where the Subscription is validly terminated by Subscriber under this clause, the Subscriber will be entitled to a pro-rata refund for any payment already charged for any period after which the Subscription has terminated.

    28. Liability

  28. All liability of each party to the other ceases from the date of termination or cancellation of a Subscription, and termination or cancellation does not affect any rights accrued by either party up to the date of termination or cancellation.
  29. You agree to fully indemnify and hold AAP harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with Your use of, access to or conduct in connection with the AAPNews Platform in breach of clause 25.
  30. While AAP has no reason to believe that there will be inaccuracies or defects in information contained in the AAPNews Platform, AAP derives AAPNews Content from third party sources and generally does not and/or cannot verify the reliability of such information. AAP and its third-party sources exclude all representations or warranties express or implied, for any purpose, to the extent permitted by law. AAP is not responsible for any loss resulting from any action or decision by You in reliance on any content on the AAPNews Platform.
  31. If the law, including the Competition and Consumer Act 2010 (Cth) (as amended) or any similar legislation, implies or imposes a non-excludable condition, warranty or guarantee which can be limited, the liability of AAP to Subscriber for breach of that condition, warranty or guarantee will be limited, to the extent permitted by law - as AAP determines - to: a) provision of a replacement service; or b) cost of providing a replacement service.
  32. To the extent permitted by law, AAP is not liable to Subscriber for any indirect, consequential, special or punitive loss or damage or any act or omission on its part in relation to its obligations under these Terms and Conditions or for any payments to third parties, loss of revenue, loss of profits, loss of goodwill or data however caused, whether or not a) such loss or damage was foreseeable or contemplated by AAP; or b) AAP is advised of the possibility of such loss or damage.
  33. To the extent permitted by law, the maximum aggregate liability of AAP to Subscriber whether in contract, tort (including negligence) or otherwise is limited to an amount equal to charges received from the Subscriber in the three (3) months prior to its claim.

    34. General

  34. Subscriber may not assign any of its rights, obligations or remedies without the prior consent of AAP (in its absolute discretion). AAP may assign, novate or deal with its rights, obligations and remedies under these Terms and Conditions in its absolute discretion.
  35. If any provision of these Terms and Conditions is deemed to be invalid, void or unenforceable by a court of competent jurisdiction, that finding will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect.
  36. No waiver of any term of these Terms and Conditions will be deemed to be a further or continuing waiver of such term or of any other term. Any failure to assert any right under these Terms and Conditions will not constitute a waiver of such right.
  37. The laws applicable in New South Wales, Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

    38. Definitions

  38. In these Terms and Conditions, capitalised words have the following meanings:
    1. AAPNews Content means text news stories and associated Images published by AAP on the AAPNews Platform.
    2. AAPNews Platform means the news website located at www.aapnews.com.au and the Android App and Apple App “AAPNews” available on the Google Play and Apple App Stores.
    3. Images means still images, graphics and similar material.
    4. Subscriber means a user who has been issued an AAPNews account for access to the AAPNews Platform on a current Subscription Package.
    5. You means each Subscriber or other user of the AAPNews Platform (and Your and Yourself have corresponding meanings).