Terms & Conditions
1 Website Owner
2 Website and use
3 Registration, Passwords and Security
You are responsible for maintaining the confidentiality of your username and password and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be liable where your username or password is used by someone else. You agree to notify Universal Networks immediately by email to [email protected] of any unauthorised used of your username or password of which you become aware.
4.1 Any information or data you transmit, post on or submit via this Website shall belong absolutely to Universal Networks and, except for personal data, will not be confidential. The information may be used by Universal Networks for any purpose including, but not limited to, reproduction, disclosure to third parties, distribution, broadcasting, transmission (in each case whether or not in electronic form) or otherwise at Universal Networks's absolute discretion (according to and subject to the Privacy Act 1988 Act - see Privacy Statement //www.universalchannel.com.au/privacy-policy refer below).
4.2 You hereby irrevocably and unconditionally assign to Universal Networks (by way of present assignment of present and future copyright) and in perpetuity all rights of any nature in and to such material (including, without limitation, intellectual property rights) throughout the world including all renewals and reversions thereof. You hereby agree to waive all moral rights (as described in Part IX, of the Copyright Act 1988 (Cth)) and any similar rights of authors anywhere in the world (whether now existing or hereafter created). You agree, in such, circumstances, that you are not entitled to any compensation from Universal Networks or any of its associated companies.
4.3 You are prohibited from posting, transmitting to or submitting via this Website any material:
(i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred or otherwise objectionable, discriminatory, degrading, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or have the effect of being harassing; or
(ii) for which you have not obtained all necessary licences and/or approvals; or
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in, Australia or any other country in the world; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.5 The use of this Website is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this Website. Further, by way of example and not limitation you shall not use any posting or any area of the Website:
(i) to harm children in any way including without limitation any offences in relation to grooming of children online under Commonwealth or State law or under any similar laws in any jurisdiction; or
(ii) to impersonate any person or entity, falsely state or otherwise misrepresent you affiliation or relationship with any person or entity or disguise the origin of any content;
(iii) to collect store and/or identify private or personal information of a user.
4.6 We reserve the right to monitor, suspend, restrict or terminate your access to this Website or to monitor, suspend, remove, destroy, copy or use any content that is posted on the Website (of any nature and however it may have been inserted or posted) at any time without notice at our discretion.
4.8 Any forum we include is intended as a service to its members and the general public. Whilst We endeavour to publish up-to-date information on the Website, the information may nevertheless become out of date over time. To the extent permitted by all relevant laws, no liability is accepted by us or any of our related entities for any inaccuracy or incompleteness of this Website or for the failure to update the information contained on this Website.
4.9 This Website may contain information and materials that third parties have provided to us or to any forum we have set up (“Third-Party Content”). We do not independently verify Third-Party Content, make no representation as to its accuracy, and assume no responsibility or accept any liability (to the extent permitted by any applicable law) for your use of the Third-Party Content and any consequences of that use, including, without limitation, any damages, injuries or results that may result from its use.
5 Copyright and Other Intellectual Property
5.1 The material on this Website is protected by the Copyright Act 1968 (Cth) and international copyright and other intellectual property laws. These rights belong to Universal Networks or to third parties who have licensed us to publish their material on this Website. The names, images and logos identifying Universal Networks and any of Universal Networks’s associated companies or third parties and their programmes, products and services are proprietary marks of Universal Networks, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under or in respect of any intellectual property rights of Universal Networks, its associated companies or any other third party.
5.2 All copyright, trade marks and other intellectual property rights in this Website (including the design, arrangement and look and feel) and all material or content supplied as part of or via the Website shall remain at all times the property of Universal Networks or Universal Networks's licensors. You agree that you do so only for your own personal, non-commercial use. You must not, and must not permit or assist in any way any third party to, copy, reproduce, republish, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way such material or content without Universal Networks' s prior written permission.
6 Links to and from other websites
6.1 Universal Networks does not control and is not responsible for the availability or content of any third party websites or material you access through this Website. Links to third party websites on this Website are provided solely for our convenience. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Universal Networks does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services).
6.2 Universal Networks is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
6.3 You may create links to this Website provided you have first entered into our Website linking licence (please contact [email protected] )
6.5 To the extent permitted in law, Universal Networks disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to or from this Website.
6.6 Links do not imply that Universal Networks endorses, is affiliated or associated with any linked site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Universal Networks or any of its affiliates or licensors.
7 Competition Standard Terms
7.3 By entering any competition and/or accepting a prize from Universal Networks you warrant that you have complied, and shall continue to comply, with these Competitions Terms. By entering the competition, you agree to take part in publicity at Universal Networks's request and/or to allow Universal Networks to use your name, image and/or town of residence in such promotional materials as Universal Networks sees fit whether now or in the future and anywhere in the world, without further compensation.
7.4 All entries must be made in the entrant's own full name. Where applicable, Universal Networks will only issue prize cheques made payable in the winner's name as given to Universal Networks at the time of entry.
7.5 Closing Date: the closing date for a competition is the date and/or time as stated in the instructions for the respective competition and, unless otherwise stated, entries must be received by Universal Networks on the closing date by the following times (in accordance with the method as permitted in the relevant competition rules:
(i) midnight for entries by email and/or online; or
(ii) 5pm for entries by post or other method; or
(iii) midnight for entries by telephone or SMS (unless on live or as-live programming; or
(iv) or as may be otherwise directed in respect of competitions on live or as-live programming;
7.6 Where competitions are by telephone or SMS, the costs of entry will be stated in the relevant specific terms of the competition.
7.7 One entry per household unless expressly stated otherwise in the relevant specific terms.
7.8 There are no prize substitutions or cash alternatives and the prizes are not transferable. Universal Networks reserves the right to select an alternative Winner and award the prize to another entrant in the event that:
(i) it has reasonable grounds for believing that an entrant has contravened any term or condition of entry;
(ii) a Winner has changed address to one outside of United Kingdom, Eire, the Channel Islands or the Isle of Man after the closing date;
(iii) it is unable to contact the Winner within 24 hours of selecting the Winner;
(v) it does not receive confirmation of the Winner’s address as may be requested within 24 hours.
7.9 Universal Networks will have sole and absolute discretion as to whether to accept any entry and Universal Networks may rely upon its own records and information in determining whether contestants are eligible to receive a prize.
7.10 In any matters concerning any part of the competition or any part of the solution to the competition, whatsoever, Universal Networks’s decision will be final and no correspondence or discussion shall be entered into with you or with any other person acting on your behalf regarding the decision whatsoever.
7.11 A winner will generally be notified either by email, telephone or post within 7 days of the relevant closing date or such other times as may be specified by Universal Networks in its absolute discretion.
7.12 Subject to confirmation by Universal Networks of the Winner’s address as may be requested, the Winner will generally receive the prize within six to eight weeks from the closing date or as set out in any specific terms for the respective competition.
7.13 No responsibility can be accepted for entries lost, delayed, misdirected, damaged or undelivered. Incomplete, inaudible and/or illegible entries will be disqualified. Universal Networks shall not be responsible for technical errors in telecommunications networks, internet access or otherwise preventing entry to any competition.
7.14 Where any prize involves travel, all arrangements, including but not limited to travel times and dates, shall be in accordance with the restrictions specified by Universal Networks and, unless stated otherwise in writing, shall take place within 12 months of the relevant closing date. Winner’s are advised to obtain all necessary travel insurance, obtain any necessary medical advise for their trip and confirm all necessary travel documents, including a passport, prior to any travel.
7.15 Universal Networks shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner(s) under these Competitions Terms if such delay or failure is caused by circumstances beyond its reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation, war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes arising without limitation out of or in connection with the activities of any third party and/or any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars). For the avoidance of doubt, the winner(s) shall be solely liable for any additional costs incurred as a result.
7.16 To the extent permitted in law, Universal Networks shall not be liable to the winner(s) for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the competition and/or prize other than death or personal injury caused by negligence of the Promoter and/or the Promoters personnel and/or deceit or fraud by Promoter and/or Promoter’s personnel.
7.17 Any personal information collected by Universal Networks in connection with a competition will be used in accordance with the Privacy Act 1988 (Cth), the National Privacy Principles and Universal Networks’ Privacy Statement which can be viewed at [INSERT LINK TO PRIVACY STATEMENT]) or can be obtained by writing to Universal Networks either by email at [email protected] by post to Universal Networks’s address marked for the attention of The Data Protection Officer. We reserve the right to change the Privacy Statement without reference to You and The Privacy Statement describes:
(i) how we will collect and manage your personal information;
(ii) to whom we will disclose your personal information; and
(iii) how we will keep your personal information secure from unauthorised use.
By entering into the competition, you consent to Universal Networks and any party authorised by Universal Networks, subject to the law of the jurisdiction in which the information is published, publishing in any material form (including digital formats), personal information related to the competition, including:
(i) your name and email address;
(ii) your participation;
(iii) your entry into the competition;
(iv) any process by which you were judged or selected as a finalist or a winner;
(v) audio or visual recordings related to the competition; and
(vi) any promotional activities related to or in connection with the competition.
7.18 If you do not consent for Universal Networks to use your information in the way described above and in the Privacy Statement, you can tell Universal Networks when entering the competition or at any time by writing to Universal Networks as set out above.
7.19 If you enter a competition and provide information you warrant to Us that you have full authority to provide the information and you are not breaching any obligation of confidence or any requirement of the Privacy Act 1968 (Cth) or other law relating to the privacy of personal information by providing the information to Universal Networks.
7.20 A list of winners for each competition can be obtained by sending a stamped addressed envelope marked “[NAME OF COMPETITION]” to Universal Networks within 30 days from the date of the closing date of the competition.
7.21 Competitions Terms shall be governed by and construed in accordance with the laws of the applicable jurisdiction, unless otherwise stated by us in the Competition Terms, and in relation to any disputes arising therefrom, shall be subject to the exclusive jurisdiction of the courts of New South Wales.
8.1 While Universal Networks endeavours to ensure that the information and other materials created by us and included on this Website are correct, such information and other materials may contain, inter alia, inaccuracies and typographical errors. Universal Networks does not warrant the accuracy or completeness of any information or materials on this Website or the reliability of any statement or other information displayed or distributed through the Website (including, without limitation, the availability of a particular programme and/or the information provided by third parties through the use of the Website). You acknowledge that any reliance on any such statement or information shall be at your sole risk. Universal Networks reserves the right, in its sole discretion, to edit at any time any part of the Website and to make changes to the Website and to the materials, products, programmes, programs, services or prices described in the Website at any time without notice.
8.2 The material on this Website, including but not limited to the information, names, images, pictures, logos and icons relating to this Website, Universal Networks and/or any of Universal Networks's related entities, programmes, products and services (or to third party programmes, products and services) is provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.3 Universal Networks does not warrant (and none of its related companies warrant) that the functions contained in this Website will be uninterrupted or error free or that any defect will be corrected or that this Website or the content available on or via the Website or the server that makes either available are free of viruses or bugs. Universal Networks does not represent (and none of its associated companies represent) the full functionality, accuracy or reliability of any material. Universal Networks may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time without notice or liability.
9.1 Subject to 9.2, Universal Networks, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of Universal Networks’s related companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way, in connection with your acceptance or use of any prize or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website or loss of earnings.
(i) death or personal injury caused by negligence; or
(ii) fraud; or
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under Trade Practices Act 1974 (Cth) or other applicable law.
9.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.4 Without prejudice to any of the provisions in this paragraph 9, the liability of Universal Networks shall not exceed the amount, if any, paid by you to access this Website.
10 Your responsibilities
10.1 By transmitting, posting on or submitting via this Website any materials you:
(ii) irrevocably waive any moral rights in your submission.
11 Law and jurisdiction
11.3 Universal Networks makes no representation that materials on this Website are appropriate or available for use at other locations outside of Australia and access to them from territories where their contents are illegal or prohibited. If you access this Website from a location outside of Australia, you are responsible for compliance with all local laws.
12 Customer Feedback and Complaints