User Terms & Conditions
Issued effective 01 July 2016
Acceptance of Terms
Dailysiren.com.au & Other Websites
www.dailysiren.com.au website is owned and operated by Daily Siren (ACN 611 103 809). By completing the user registration process on any of the Daily Siren sites or applications, you agree to be bound by these terms and conditions. A link to these terms will be provided in the footer of the sites.
When using this website you may provide us with information about yourself or other matters. This website is not intended for users under the age of 16, and Daily Siren does not knowingly collect personally identifiable information from users under the age of 16. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
Daily Siren respects your right to intellectual property. Daily Siren will, however, engage with advertising and promotional activities from time to time and may reference the extensive library of content stored or uploaded by users of our site/s. When submitting content in any format, including text, photographs, graphics, video or audio, and placing any information or other material on the website (including posting messages, uploading files, inputting data or engaging in any other form of communication), such content shall be considered non-confidential and you grant to Daily Siren the right to use this content commercially or editorially worldwide. If you do not wish for your content to be used by Daily Siren, you may contact us and we will remove your content from our site/s within 30 commercial working days. We may use content uploaded to Daily Siren sites for:
Use, copy, sub licensing, redistribution, adaptation, transition, publication and/or broadcasting, & publicly performing or displaying in all existing or future media, and
Sub-license to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including, but not limited to, rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Daily Siren and any other party authorised by Daily Siren all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any communication or other material that you submit on the website.
In respect of submitting information on the website you agree that you will not post, transmit or otherwise publish on the website or to the website servers any material that:
restricts or inhibits any other user from using or enjoying the website;
is unlawful, threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist or indecent or any other material of a similar nature, including without limitation any transmissions that would constitute, or that encourage conduct that would constitute, a criminal offence, give rise to civil liability, or infringe any applicable laws;
violates or infringes the rights of any other person, including material which is an invasion of any privacy rights or which is protected by copyright, trade mark or any other proprietary right, without first obtaining permission from the owner;
contains a virus, worm, Trojan Horse or other harmful or destructive component(s) or device(s) that has a negative impact on the normal operation and use of the website, it’s servers and the Content thereon;
contains any promotional material or advertising; or
constitutes or contains false or misleading statements.
exploits website vulnerabilities
will be used commercially on mass
use automatic scraping software or tools
use the site to supply another service
make available material which you do not have the right to
engage or encourage pyramid schemes or any other unauthorised contests
You expressly acknowledge and agree that Daily Siren does not exert control over users of the website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
Daily Siren does not and cannot review or moderate all information posted to the website by users and is not responsible for such information. However, Daily Siren reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever or for no reason. Daily Siren also reserves the right to ban a user at any time, without notice for any reason whatsoever.
If you opt your email into any of the Daily Siren websites or applications which include dailysiren.com.au you agree to receive communication from any of the Daily Siren websites or applications.
If you are in doubt as to whether the content you wish to submit is appropriate, please contact email@example.com who can advise you on the issue.
General information only – non advisory
Daily Siren does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums or other areas of the website.
Daily Siren and its third party service providers do not make any warranties with respect to any of the merchandise featured or mentioned on the website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of Daily Siren or its third party service providers.
The material on this site is provided as general information only. It is not intended as advice and must not be relied upon as such. Please be aware that although Daily Siren attempts to keep the information on this website current and up-to-date, the information on this website may contain errors or omissions. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions. Daily Siren will not be liable for any loss incurred or accrued from relying upon any information on this website.
Daily Siren does not make any representation or warranty as to the accuracy or application of the information presented on any of the Daily Siren websites. Daily Siren disclaims and will not be liable for loss arising (whether directly or indirectly) out of the information provided on the website or anyone else through any errors in, or omissions from information on the website.
All content on the website including but not limited to text, graphics, logos, icons, and advertisements, including the selection and arrangement thereof is owned or licensed by Daily Siren, its suppliers or licensors unless expressly indicated otherwise.
The content is protected by Australian and international copyright and trade mark laws. Once content is published, you must not use, copy, modify, reproduce, publish, redistribute, upload to a third party or transmit the content without the prior written approval of Daily Siren or the appropriate supplier or licensor of Daily Siren, except in accordance with the below.
Strictly on the condition that you keep all content intact and in the same form as presented on this website (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may:
using an industry standard web browser, download and view the content for your personal, non-commercial use, or
if you are an internet service and/or access provider, supply the content to your subscriber.
All other trademarks displayed on the website are registered and unregistered trademarks of Daily Siren and others. Nothing contained on the website should be construed as granting any license or right of use of any trade mark displayed on the website without the express written permission of Daily Siren or third-party owner. Some of the logos appearing on the website may be available to you to place on your own website as a hyperlink to an Daily Siren website. However, such use requires the express written authorisation of Daily Siren or the relevant third party, and any use must be in accordance with the trade mark usage guidelines of the relevant trade mark owner.
Advertising & links to third party websites
The website may contain hyperlinks and other pointers to internet websites operated by third parties. These linked websites are not under the control of Daily Siren, and Daily Siren is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Daily Siren provides these hyperlinks to you as a convenience only, and the inclusion of such links does not imply any endorsement of the linked website by Daily Siren or its affiliates. By following a link to any such website you do so entirely at your own risk.
The website may also contain third party advertisements (including, but not limited to, pop-up/pop-under ads, banner ads, button ads, tower ads and text) which may contain embedded hyperlinks to websites operated by third parties. All third party advertising (including embedded hyperlinks) is paid for by the relevant third party and are not recommendations or endorsements by Daily Siren or its affiliates unless expressly indicated otherwise.
In some instances, advertisements may contain representations or offers by third party advertisers, which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by Daily Siren. Your correspondence or business dealings with, or participation in promotions of, advertisers found on the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Daily Siren shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such dealings with, or as the result of the presence of, any advertisers on the website.
Disclaimer and Limitation of Liability
The Trade Practices Act 1974 (Cwth) and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Daily Siren of goods or services on the website which cannot be excluded, restricted or modified (“Non-excludable Rights”). Daily Siren does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
All content and functionality is provided “as is” and without warranties of any kind, either express or implied.
Daily Siren may source or aggregate content from other sites and/or businesses via RSS Feeds. All content is credited to that particular provider, and every piece of content sourced via this method will point the end user to the sources site.
Daily Siren and its suppliers expressly disclaim all warranties of any kind including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Daily Siren does not warrant that the information or functions contained in any content, or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits the content to you are free of viruses or any other harmful components,
Daily Siren does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and under no circumstances (including, but not limited to, any act or omission on the part of Daily Siren) will Daily Siren or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of any kind (including any loss of income or profits) whatsoever which result from any use or access of, or any inability to use or access, the website or any content.
Governing Law and Entire Agreement
This agreement will be governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.
Advertising or Supplier Listings Terms & Conditions
These terms & conditions shall apply to and form part of each order for Advertising or Supplier Listings placed with Daily Siren (ACN 611 103 809)
- Right to Reject Advertisement – All contents of advertisements and supplier listings are subject to Daily Siren’s approval. Daily Siren reserves the right to reject or cancel any advertisement, listing, insertion order, and space reservation or position commitment at any time.
- Advertisement Cancellation – Daily Siren may remove advertisers and supplier listings from the website for any reason whatsoever and may do this without warning or delay. Under these circumstances any previously paid moneys for such advertising will be refunded for the equivalent amount of time that Daily Siren have not yet provided advertising for.
- If the advertiser wishes to cease any advertising or term of supplier listing before the expiry date of their advertising there will be no refund provided.
- Copyright – As per the terms of the Copyright Act 1968 (Cwth), advertisers are advised that the inclusion of any unauthorised content in advertisements or supplier listings is strictly prohibited without the written consent of the rightful copyright owner or the appropriate licenses. In the event of a complaint from a rightful copyright owner, any allegedly infringing material will be removed pending an investigation.
- Supplier Enquiries – Any enquiries and personal details you receive are provided so that you can introduce your services to the enquiring person through Daily Siren’s website. Sharing this information with any other business or organisation is strictly forbidden, without the permission of the person.
- Supplier Directory – Information supplied by the Supplier and published on Daily Siren websites will remain the responsibility of that particular Supplier. It is incumbent upon each Supplier to ensure that the information that they provide is correct and true.
- The features and positioning of advertisements and supplier listings are subject to change without notice to accommodate website changes.
- Photography – Images for Supplier Listings will be sourced from the Suppliers linked website for use in the Suppliers directory listing, unless supplied directly by the Supplier. Suppliers agree for Daily Siren to use the images within their listings editorially or commercially within the site that the listing appears on or on any external site. Where possible, when used images will be credited to the Supplier.
- Limitation of Liability – The Advertiser and Supplier agree to indemnify, defend and hold harmless Daily Siren (ACN 611 103 809) of Unit 1/93-105 Dalrymple Rd, Garbutt Qld 4814, its officers, directors, employees for damages suffered by any party out of that party’s use of the published information provided by the advertiser or supplier through Daily Siren’s websites.
- Changes to the Contract, Product or Terms – Modifications or revisions of the Advertising Terms and Conditions can be made any time by Daily Siren without any prior warning or notice. Advertisers and Suppliers should check the terms and conditions from time to time so you are aware of any changes to the website and services. Continue use after any modifications indicates you have acceptance of the new terms and conditions.
- Terms of advertising – all advertisements are contracted as per the client approved Advertising Insertion Order or terms agreed with Daily Siren’s telephone Sales representatives.
- Medium rectangle and Skyscraper Online Advertising Product – terms and conditions mentioned above apply to Daily Siren Online MREC and Skyscraper advertising product. The Product included 1 week run of house and home page advertising from the date it is published, providing that all artworks have been approved by Daily Siren and the client. All Payments must be made prior to any advertising campaign being made live.
- Cost Per Lead Terms Of Advertising – A lead is classified as the sucessful delivery and open of an offer notification from the Daily Siren application or website. This agreement sets out the terms and conditions by which you have authorised us, Daily Siren (ACN 611 103 809) of Unit 1/93-105 Dalrymple Rd, Garbutt Qld 4814, to automatically deduct amounts payable to your Daily Siren account from your bank account at your financial institution. Your Direct Debit Request (‘DDR’) authorises us to arrange for the payment of amounts due to us, and at the times required, for the fees and charges you have incurred on your Daily Siren account. Direct Debit through the Bulk Electronic Clearing System (Eway) is not available on all bank accounts. If you are unsure whether direct debit is available on your account, please check with your bank. You should also check your account details against a recent statement from your bank. We can amend this Direct Debit Request Agreement at any time after giving you a minimum of 14 days’ notice. Cancellation fees apply (See Below). You must ensure that you have sufficient cleared funds available in your nominated account on the due date to cover the payment under the DDR. If funds are not available you must arrange an alternative payment method and contact us. If we attempt to debit your bank account unsuccessfully you may subsequently enter our debt collection cycle and be charged a dishonour fee. If Daily Siren (ACN 611 103 809) incurs any bank fees or charges as a result of a dishonoured direct debit, these may be passed on to you as a charge to your Daily Siren account. If you believe a debit has been made incorrectly you should contact us. We will attempt to resolve the issue immediately or agree on a time to get back to you. If you are not happy with our response we will advise you of further options available to you. We will keep information about your financial institution account confidential except to the extent necessary to resolve any claim you may make relating to a debit which you claim has been made incorrectly, or as otherwise required by law. You are responsible for ensuring that your financial institution allows direct debits to be processed on your nominated account. Daily Siren (ACN 611 103 809) reserve the right to modify the above mentioned micro site as necessary within reason. Should the direct debit/transaction fail consecutively without resolution, all owing money will accrue along with late fees. Should Daily Siren (ACN 611 103 809) have to engage collection agencies to collect outstanding money, additional fees may be passed onto to the customer.