The website at wheels.subscription.com.au (Website) is owned and operated by Are Media Pty Limited (ABN 18 053 273 546) of Level 8, 54 Park Street, Sydney, New South Wales, Australia (Are Media, we, us or our).
We offer products (Products) and/or subscriptions to print and digital editions of magazines (Subscriptions) for sale on the Website:
a) on our own behalf; and/or
b) as agent for third party vendors (Vendors) in respect of Products and/or Subscriptions not owned by us.
1. ACCESSING THE WEBSITE
Registering an account
1. To place Orders and access certain other features on the Website, you must register for an account with us (Account). To register for an Account, you must follow the instructions on the Website and:
a) declare that you are over 18 years of age or, if you are not 18 years of age, that you have parental consent to view the Website and/or purchase Products or Subscriptions; and
2. You are solely responsible for all activity that occurs through your Account.
3. You must keep your Account details and password confidential and secure. If you become aware of any unauthorised use of your password or Account, or any other breach of security in relation to the Website, you must notify us immediately.
4. You acknowledge that it is against the law for us to sell or supply certain restricted products to a person under the age of 18 years, and you warrant that you are not using the Website to obtain such products for a person under the age of 18 years.
5. You warrant that you:
a) have full power and authority to enter into and perform these Terms; and
b) will provide true, accurate, current and complete information about yourself as prompted by any registration form on the Website, and will promptly notify us of any updates to that information such that it remains accurate, current and complete.
Restrictions on your use of the website
6. You must only use the Website for your personal, non-commercial use and in accordance with these Terms and any applicable law.
7. In using the Website, you must not:
a) breach any applicable law or infringe any third party’s rights;
b) distribute any viruses, defects, worms, trojan horses, malicious code, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;
c) disclose your password to any third party;
d) collect or store personal information about other users of the Website;
e) use the Website for any purpose or in any manner that is threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist or indecent;
f) inhibit any other person from using or enjoying the Website;
g) interfere or disrupt the security of the Website or our servers;
h) remove any copyright, trade mark or other proprietary rights notices appearing on the Website;
i) use the Website other than in accordance with these Terms; or
j) attempt any of the above acts or permit another person to do any of the above acts.
8. You must not link to the Website or any part of the Website in a way that does or may:
a) damage our reputation, or falsely suggest a connection between you and the Website or us; or
b) represent or imply that any part of the Website is owned or controlled by any third party, and if we notify you that we object to the manner in which you link to the Website, you must immediately cease providing such links.
9. We do not warrant that the Website will be available at all times, or without disruption, and we provide no warranties in relation to the content of any other website linked to or from our site.
10. We may, from time to time and without notice, vary, modify or discontinue any or all of the Website, either temporarily or permanently.
11. We are not responsible for any charges you incur in accessing the Website, including for internet access or mobile data network transmissions, or for any installation or download of a digital copy of a magazine in a Subscription.
2. ORDERING AND PAYMENT
12. You may submit orders through the Website in accordance with these Terms (Orders).
13. We may at our discretion accept or reject any Order.
14. By placing an Order with us you are agreeing to purchase the designated Subscription and/or Product for the price specified at the time of Ordering (including any delivery or other charges and taxes).
15. If you place an Order for a Product or Subscription we offer on the Website as agent for a Vendor:
b) you acknowledge and agree that, such Products and Subscriptions are legally offered for sale by the Vendor and any contract for the purchase of those Products and Subscriptions is between you and the Vendor and that we will not be a party to that contract.
16. You are responsible for any error in entering your contact information or Order details. Neither Are Media nor any Vendor is liable for any such errors, including the delivery of any Subscription or Product to an incorrect location. If, in the case of a Subscription, you change your address or any other relevant details, you must notify us immediately.
17. All prices stated on the Website are in Australian dollars and are inclusive of GST (if applicable).
18. Where applicable, promotion code discounts or offers are applied and redeemed directly at the checkout. The applicable terms and conditions vary and will be stated on all promotional marketing material, with such terms including the minimum value, the brand and offer exclusions and the promotion expiry dates. A maximum of one (1) promotion code can be used per Order.
19. We reserve the right to correct any pricing errors and, in the case of genuine pricing errors (either as a result of unilateral mistake, or for any other reason), we may cancel any Order and refund your payment up to the time you receive the relevant Product or Subscription.
20. Title in any Product or Subscription is retained by us until we receive full payment in respect of the relevant Order.
21. Risk in Products or Subscriptions passes to you at the time of their despatch.
22. You must pay for each Order in full at the time of checkout, by one of the payment methods provided on the Website. We accept payment by credit card (Visa, Mastercard, American Express or Diner’s Club) and Paypal. You must comply with the terms of all relevant third-party payment providers.
23. You must have sufficient funds or credit facilities to cover the full cost of each Order. We reserve the right to obtain validation of your payment details before fulfilling your Order, and carry out reasonable security checks from time to time.
24. We are not responsible for and will not reimburse you for any charges, duties, fees or taxes that your financial services provider charges you for currency conversions or administration fees.
25. For Products that are owned by us, we will deliver to your designated shipping address. We will endeavour to deliver within the estimated timeframes listed below, however we cannot guarantee delivery times:
a) to a shipping address in NSW: 2-5 business days;
b) to a shipping address in WA, QLD, SA, VIC or TAS: 3-6 business days; and
c) to an international shipping address: 3-14 business days.
26. For Subscriptions that are owned by us, delivery of the first Subscription copy may occur up to eight (8) weeks from the date on which the relevant Subscription offer closes.
27. We cannot guarantee delivery of any Subscription before the retail on-sale date.
28. We are not liable for any delay in the delivery of an issue of a Subscription owned by us due to any embargo, natural disaster or force majeure, however we will endeavour to notify you of the delay by email.
29. For Products and Subscriptions owned by Vendors, delivery will be the responsibility of the Vendor.
30. You are responsible for complying with all laws and regulations applicable to the sale and delivery of all Products and Subscriptions, and you must pay all applicable fees, taxes or charges.
31. To the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery, [or in relation to any shipping errors unless we are notified of the error within five (5) days of the relevant Order].
32. When a Product or Subscription promotion includes the provision of a free or bonus gift (Premium) then the following applies:
a) Premiums are only available to Australian recipients;
b) delivery of the Premium may take up to eight (8) weeks from the closing date of the relevant promotion, and it will be sent separately to the related Subscription;
c) if the Product is being purchased for a Gift Recipient only you will receive the Premium and the Premium will be delivered to your address as provided to us;
d) if that Premium is unavailable, we may in our discretion substitute the Premium with an alternative premium to an equivalent value or specification; and
e) we are neither responsible nor liable for any damage caused to the Premium in transit.
33. 'Tip-ons' and gifts that may be available with single, in-store Products (e.g. retail and newsstand copies of a magazine) may not be provided with physical Subscriptions and will not be provided with digital Subscriptions.
Returns & Refunds
34. For Products and Subscriptions (excluding Gift Cards) that we own:
a) if you have not received an item, you must notify us within six (6) weeks of the dispatch date recorded in your Account. After this time, no refund will be issued for that Order;
b) where items are damaged or faulty upon receipt and do not meet consumer guarantees under the Australian Consumer Law, you are entitled to a full refund for the Product (excluding shipping), a replacement product which is identical or of similar value if reasonably available, and compensation for the drop in value of the Product;
c) we are not obliged to provide a refund or replacement for a 'change of mind', but you may request such a refund or replacement via our Customer Service team. If we agree to your 'change of mind' request, you must return the relevant Product in its original condition and sealed packaging. Shipping and delivery costs will not be refunded for such requests. We do not provide returns or refunds in relation to digital Products or digital Subscriptions (where product has been delivered) when you have changed your mind;
d) refunds will generally be paid to the original payment method. Where payment method was direct debit or cheque, or where the original credit card s no longer valid, a cheque payment will be issued. The cheque will be sent to the address nominated by you and may take up to three (3) weeks to arrive; and
e) we may request to see your proof of purchase in relation to the matters set out in this clause 70.
35. For refunds or returns for Products and Subscriptions we offer on the Website as agent for a Vendor, you must contact the relevant Vendor.
36. We do not offer refunds on orders of Gift Cards or any international orders.
37. You may cancel a Subscription by notice to us with your name, Order number, and details of the Subscription to be cancelled and your reason for cancelling. We will endeavour to action the cancellation within five (5) working days after receipt. Please note, due to delivery schedules, you may receive one further Subscription delivery after you cancel and you are required to pay for any such delivered product.
38.Where a cancellation is in respect of a Subscription offered by us as agent for a Vendor, you should notify the relevant Vendor, following which we will have no further liability to you in respect of the Subscription.
39. Where we are the Vendor, we will consider whether to provide you with a refund for the remaining undelivered issues of the Subscription where you have cancelled. Please note, timing and methods for provisions of refunds may vary according to each Vendor.
Closure of a Subscription title
40. In the event that a Subscription title ceases to be available, including where it is withdrawn by a publisher, we will endeavour to notify you and provide you with information on any alternative Subscriptions that may be of interest to you.
41. If we notify you in accordance with clause 76, and we own the relevant Subscription:
a) we may permit you to either migrate the remainder of your Subscription to another recommended title; or
b) you may choose to cancel the remainder of your Subscription; in which case we will refund you the amounts you have already paid on a pro-rata basis.
4. WARRANTIES AND LIABILITY
Warranties & Liability
43. The Competition and Consumer Act 2010 (Cth) (CCA) gives “consumers” certain rights which cannot be excluded, restricted, limited or modified. The following clauses 80 to 86 apply to the extent they cannot be excluded, restricted, limited or modified under the CCA.
44. 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". We do not represent or warrant to you that:
a) 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
b) your access to and use of the website will be uninterrupted, timely, secure or free from viruses or error.
45. All express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in these 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.
46. 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 (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 election:
a) 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
b) in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
47. 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 reduced to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
48. Subject to our obligations under the Non-Excludable Terms, 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.
49. 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.
50. 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.
51. You indemnify, defend and hold harmless us and our affiliates, and our and our affiliates’ 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 use of the Website, any breach by you 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.
6. INFORMATION ON THE WEBSITE
52. All information about any Subscription or Product is provided by the Vendor and (except where we own the relevant Subscription or Product) and we are not responsible for the accuracy of that information or liable for any errors or omissions in that information or any misuse of the information by you.
53. You must not 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, extraction tool or similar technology) without our prior written consent.
54. We may revoke any consent we grant under clause 91 at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.
55. 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 you have any questions.
56. In some instances, advertisements will contain offers which you accept by clicking through to an advertiser’s website. The advertiser is solely responsible for any such offer.
57. The prices and product descriptions in respect of Products and Subscriptions offered by us on the Website as agent for Vendors are the sole responsibility of the relevant Vendor.
7. INTELLECTUAL PROPERTY
58. You acknowledge that the Website, the Products, the Subscriptions and other content placed on the Website by us and our users, and the underlying software and technologies used to operate the Website, may be subject to copyright, trade mark or other intellectual property rights (Intellectual Property Rights).
59. We grant you a non-exclusive, limited, non-transferable and revocable licence to access and use the Website solely for your own personal, non-commercial purposes. We may revoke the licence under this clause 96 at any time.
60. We (or our licensors) retain all right, title, and interest in and to the Website, and nothing in these Terms operates to transfer any Intellectual Property Rights to you or, except for the licence referred to above, authorise you to exercise any of the Intellectual Property Rights.
8. PRIVACY AND DATA
Collection and use of information
62. We may make a record of visits and log visits for statistical and business purposes. Such information may include a person’s server address, domain name, IP address, the date and time of visit, pages accessed, documents downloaded, previous websites visited and the type of browser used.
64. This Website may use “cookie” technology to assist in identifying registered users and delivering content specific to users’ interests. Cookies are pieces of information stored on an individual’s computer and are used for customising website information to improve user experience and for tracking user navigation. If a user does not wish information to be gathered on a cookie it should disable the acceptance of cookies by its web browser. The user’s internet service provider may be able to assist with this.
65. We provide no warranty in respect of the security measures on the Website and are not responsible for any misuse, loss or unauthorised access, modification or disclosure of information provided to us.
66. If any part of these Terms is:
a) held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible; or
b) 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.
67. All offers made, contracts concluded and services provided through the Website shall be deemed to be made and provided in New South Wales, Australia notwithstanding the location of you or the Vendor. 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.
68. 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.
69. The word “including” when used in these Terms is not a term of limitation.
Terms last updated 27 May 2020.