(updated 15 January 2024)
1. These Subscription Terms govern subscriptions for The Nightly website and related applications published by West Australian Newspapers Limited (ABN 98 008 667 632) (we, us, our).
2. By subscribing for The Nightly (you, your) agree to comply with these Subscription Terms.
3. These Subscription Terms should be read in conjunction with our Privacy Policy and the Terms of Use.
4. If there is any inconsistency between these Subscription Terms and the Terms of Use, these Subscription Terms will prevail.
5. For The Nightly we offer:
a) free subscriptions for certain content that we make available for free as described on The Nightly website (Free Subscriptions); and
b) paid subscriptions for certain content that we make available for a fee as described on The Nightly website (Paid Subscriptions),(together Subscriptions).
6. You can register for a Subscription via The Nightly website or application if you:
a) are an Australian resident;
b) are aged 18 years or older; and
c) comply with these Subscription Terms.
7. Your Subscription will commence when we send you a confirmation email to the email address you provided when you registered and:
a) for Free Subscriptions will continue until you or we cancel your Subscription in accordance with the Suspension or Cancellation clauses below; and
b) for Paid Subscriptions will continue for the period covered by your Paid Subscription or until you or we cancel your subscription in accordance with the Suspension or Cancellation clauses below,
(each a Subscription Period).
8. You can update your details or your preferences via the website or application.
9. You are responsible for all costs to access and use your Subscription including data and other costs for the internet and devices.
10. To register for a Paid Subscription you will need to provide us with a valid, current and accepted method of payment (Payment Method).
11. By providing us with your Payment Method you authorise us to charge the applicable fee for your Paid Subscription in accordance with the payment terms for your Paid Subscription.
12. At the end of the then current Subscription Period we will automatically renew your Paid Subscription for a further Subscription Period unless you cancel your Paid Subscription prior to the start of the next Subscription Period.
13. Unless stated otherwise the Subscription Fee is inclusive of GST.
14. If we are unable to collect the Subscription Fee from you for any reason, you remain responsible for any uncollected amounts and we may suspend or cancel your access to your Paid Subscription without giving you notice until we have successfully charged a valid Payment Method.
15. For Free Subscriptions we grant you a limited, royalty free, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and view the content available through the Free Subscriptions during your Subscription Period for personal, non-commercial use on and subject to these Subscription Terms and our Terms of Use.
16. For Paid Subscriptions we grant you a limited, royalty free, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and view the content available through your Paid Subscription during your Subscription Period for personal, non-commercial use on and subject to these Subscription Terms and our Terms of Use.
17. In addition to the above licences you may share links to content on The Nightly with third parties, for example through social media or email, provided that you acknowledge and agree that such third parties must have access to:
a) a Free Subscription to access any free content; and
b) a Paid Subscription to access any content covered by a Paid Subscription.
18. Except as expressly permitted by these Subscription Terms or your Subscription you must not:
a) share your account details with any other person;
b) modify, copy, distribute, transmit, publicly display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, data, content or software obtained from your Subscription including (without limitation) in connection with:
i. press clipping or media monitoring services including providing archived or cached data sets containing our content to another person or entity;
ii. price comparison websites; or
iii. the development of any software program including to train a machine learning or artificial intelligence (AI) system.
For licensing inquiries please contact editorial.syndication@wanews.com.au; or
c) attempt to circumvent, remove or alter any geo-blocking, digital rights management, anti-piracy measures or other technical or security measures employed on The Nightly websites and applications.
19. You represent and warrant that:
a) the information you provide to us when you register or update your Subscription is true and accurate, and not misleading in any way; and
b) for a Paid Subscription you are authorised to permit us to take payments via the Payment Method.
20. You acknowledge and agree that The Nightly is ad funded and you must not use any ad blocking technology to block advertising being served via The Nightly. You may adjust your cookies settings via our Cookies Policy.
21. If The Nightly displays any links to third party websites you acknowledge and agree that:
a) we may receive commission when you click through to certain affiliate websites;
b) in clicking on the link you will leave The Nightly and we have no control over those third party websites;
c) you access and use third party websites, goods or services at your own risk; and
d) you may be required to agree to terms and conditions and privacy policies for each third party website.
22. The content on The Nightly is provided to you “as is” and on an “as available” basis and may be subject to legal requirements or third party permissions which can be amended, revoked or updated at any time.
23. Content included on The Nightly is prepared as general information only. It is not advice and should not be substituted for personal advice which takes into account your individual health, financial or other circumstances.
24. Except to the extent required under applicable laws including the Australian Consumer Law, we, and our related bodies corporate and licensors exclude all liability arising from or in connection with your use of The Nightly, your Subscription or your account.
25. To the extent that one of more of the above entities cannot exclude liability under applicable laws including the Australian Consumer Law, each entity’s liability is limited to at its option resupplying the relevant goods or services to you or the amount(s) paid by you (if any) in respect of those goods or services.
26. None of us, our related bodies corporate, licensors or you will be liable for any indirect, special or consequential losses or damages of any nature (including loss of profits, revenue, production, goodwill, data or opportunity) howsoever arising in connection with your use of The Nightly, your Subscription or your account.
Suspension/Cancellation
27. Either we or you may suspend or cancel your Subscription at any time by notice to the other party if the other party is in breach of these Subscription Terms.
28. If we suspend or cancel your Subscription we reserve the right to:
a) retain any prepaid funds you have paid to us prior to suspending or cancelling any Paid Subscription; and
b) restrict your access to The Nightly including the content covered by your Paid Subscription.
29. You can suspend or cancel your Subscription at any time by giving us notice in writing.
30. If you cancel your Paid Subscription your cancellation is effective at the end of your current Subscription Period and you will no longer have access to content covered by your Paid Subscription.
31. For any complaints regarding news content on The Nightly please contact The Independent Media Council.
32. If any provision of these Subscription Terms is deemed to be invalid by a court of competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Subscription Terms, which will remain in full force and effect.
33. A delay by a party in exercising a right will not amount to a waiver of that right.
34. We may update these Subscription Terms from time to time by sending a notice to you provided that any changes to the fee for any Paid Subscription will not come into effect until the expiry of your current Subscription Term.
35. Our customer service teams are not authorised to make any modifications to these Subscription Terms either in writing or verbally.
36. You acknowledge and agree that as the publisher of The Nightly we have the right to exercise any rights in respect of The Nightly and its content including the right to transfer any or all of our rights or obligations under these Subscription Terms to any person provided such transfer does not detrimentally affect your rights under these Subscription Terms.
37. You acknowledge and agree that you must not transfer any or all of your rights or obligations under these Subscription Terms including your account as the licence we grant you to our content is non-transferable.
38. These Subscription Terms are governed by the laws of Western Australia, Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia.