Privacy Policy

EMPACT NEWS

About Empact News

Empact News Partnership (ABN 82 107 768 916) (‘Empact’) is an Australianbased news organisation that provides digital news through a website and social media platforms.

Empact is committed to protecting and maintaining your privacy. We comply with Australian Privacy Principles (‘APPs’) and the Commonwealth Privacy Act 1988 (‘Privacy Act’). As part of providing services to you, and in performing our business and legal obligations, we may collect your personal information. This Privacy Policy outlines the type of personal information we may collect and how we use, hold, and disclose it. Consistent with our legal obligations we may, from time to time, rely on the media exemption and other exemptions in the Privacy Act and other applicable laws.

This Privacy Policy is in addition to the Terms of Use governing our digital services and should be read in conjunction with such Terms of Use.

What Is Personal Information?

The term ‘personal information’ has the meaning given to that term in the Privacy Act. Without limiting that meaning, ‘personal information’ is information that can be used to personally identify you such as your name, age, address, and contact details.

What Kind Of Information Do We Collect And How Do We Collect It?

The type of personal information Empact collects will vary depending on the nature of your dealings with us. We only collect personal information that we need for our business or which is volunteered to us. In general, the type of personal information we collect and hold could include your name, contact details, geographic location, gender, date of birth, activity, and any preferences you tell us about. We may collect your personal information via our website, other digital services or when you email or write to us or participate in a survey, questionnaire, or other marketing campaign run by us or our partners.

Information We Collect From Other Sources

We may access information, including personal information, about you across the third-party sources and platforms (such as social networking sites, databases, online marketing companies, agents or representatives we have engaged, third party digital services, and data supply companies) and supplement the information we collect with information obtained from those thirdparty sources.

When you connect with us through social networking services, you may be able to see the social habits of your friends and connections and participate in our social capabilities, including commenting, live blogging, reactions, ratings, and sharing content. You can connect us to your thirdparty social networking service by downloading an application and signing into the application. By connecting with us through these third-party social networking services, you are authorising us to access and use certain information from your social network profile.

How Will We May Use Or Disclose Your Information?

We may use or disclose your personal information for the following purposes:

• For preparing, publishing, investigating, or otherwise working on a news story;

• for recruitment purposes;

• for matters relating to your participation in any activity with us, including to ensure that you are qualified to participate and your ongoing health and safety;

• to provide to third party advertisers or sponsors of programs;

• communicating with you, including by email, mail, chat, SMS or telephone in connection with our products and services and/or verifying your identity for these purposes;

• operating and improving our digital services and providing you with more effective customer service;

• allowing you to sign in or otherwise access products and/or services owned by Empact;

• providing you with news and information about our products and services or those of our partners (including by direct marketing to you and sending you newsletters, product surveys, and special offers);

• sending you marketing and promotional material about other products and/or services of Empact or our partners that we consider you may be interested in;

• conducting business process functions and other administrative functions for the operation of our digital services and/or our business;

• performing quality control, product development, customer research and other types of research and analysis aimed at improving our products, services and technologies;

• displaying content and advertising that are personalised and customised to your interests, preferences and experiences, including by using aggregated information and data;

• investigating any complaints about or made by you or assisting the police or any regulatory body to do so, or if we have reason to suspect that you are in breach of the terms and conditions of any of our products and services or that you are or have been otherwise engaged in any unlawful or prohibited activity;

• sharing your personal information with the police and/or an appropriate government or community organisation if we consider you may be at risk of causing serious harm to yourself and/or a third party/s or would otherwise benefit from being contacted by the government or community organisation in relation to mental health information and/or support;

• sharing with our employees, partners, contractors or external service providers to fulfil any of these purposes. External service providers may include (without limitation) web hosting providers, IT systems administrators, production companies, casting agents, mailing houses, newsagents, couriers, payment processors, photographic analysers, data entry service providers, outsourcing service providers, debt collectors, producers, and professional advisers; and/or

• using personal information as otherwise required or permitted by any applicable law (including the Privacy Act).

We also collect other information and data, such as anonymous data that we collect via your interaction with our digital services and thirdparty digital services using tracking technologies such as cookies (this is described in further detail below). This information and data may not be considered personal information under the Privacy Act. This information and data may be used by us internally and/or provided by us to third parties including our partners, clients and service providers for purposes that may include, without limitation, providing you with more relevant advertising, customer research, campaign analysis, and modelling.

We will not provide any personal information to an advertiser or any other third party other than in accordance with the terms of our Privacy Policy without your express consent. However, to the extent that anonymous user data does not constitute personal information, we are entitled to deal with that information in any manner we see fit.

You expressly acknowledge and agree that information including your personal information may be shared with the third parties referred to in this Privacy Policy for use by those third parties for the purposes disclosed in this Privacy Policy.

Sensitive Information

We do not generally collect sensitive information as that term is used in the Privacy Act. Such information includes your racial or ethnic origin, membership of political bodies, religion or trade unions, sexual preferences or activities, state of health or medical history, and criminal record. However, in some instances, sensitive information might be disclosed during the course of your interaction with us or during the course of interaction of others acting on your behalf with us or others acting on our behalf with you – for example, as part of comments that you make on social-media platforms or as part of the arrangements if you are appearing on one of our recorded news segments. If we hold any sensitive information about you, that information will only be used and disclosed by us if you have consented to such use and disclosure (your provision of that information will be taken to be consent).

What Marketing Communications Will You Receive?

In certain contexts when we collect information from you, you may be asked to ‘opt in’ to consent to us using or disclosing your personal information. For example, you may be asked to opt-in to receive further information or communications from our advertisers and partners. We do not provide your personal information to other organisations for the purpose of direct marketing unless expressly authorised by you.

We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, telephone, SMS or email, in compliance with applicable marketing laws, such as the Spam Act 2004 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

If you receive communications from us that you believe have been sent to you other than in accordance with this Privacy Policy, or in breach of any applicable law, please contact us at [privacy@nine.com.au].

Opting Out / Unsubscribing

You will be given the opportunity to ‘opt out’ from receiving communications from us or from third parties that send communications to you in accordance with this Privacy Policy. For example, you will be given the option to unsubscribe from newsletters, emails, SMS communications, and other marketing or promotional material sent by us. You may also opt-out of ‘interest-based advertising’ as set out under the ‘Display of Advertisements’ section below.

If you receive communications purporting to be connected with us or our services that you believe have been sent to you other than in accordance with this Privacy Policy, or in breach of any applicable law, please contact us.

Security And Management Of Your Information

It is our policy to ensure that all Empact employees understand and take reasonable steps to keep your personal information secure and only use it in accordance with this Privacy Policy. Once collected, we may hold your personal information in a number of different formats, including (but not limited to) software programs (located both onsite and offsite, including in the cloud), databases, filing systems, in offsite backup storage and in other similar technology. We take all reasonable steps to protect your personal information (and your anonymous usage data) and to keep it secure from loss, unauthorised access, modification, disclosure, interference or other misuse and we have appropriate controls in place to limit who in Empact News can view, access and/or use your personal information and anonymous usage data.

We also impose strict requirements of security and confidentiality on all third parties (for example, those who provide us with technology services or production services) as to how they store, handle, and deal with the personal information and anonymous usage data that we hold.

Personal information and anonymous usage data collected by us may be stored, disclosed and processed both in Australia and/or overseas. Our thirdparty contractors and service providers may perform some of their services overseas and/or we may use data hosting and cloud-based IP service providers whose operations are located overseas. In all instances where this occurs, we only disclose your personal information to them and authorise them to use it in accordance with the Privacy Act and this Privacy Policy.

Tracking Technologies Notice

We also collect anonymous usage data about your browsing activity on Empact News’s network via various tracking technologies (for example, via cookies, tags, pixels). Our thirdparty service providers may also collect anonymous usage data on the terms of their privacy policies which will be disclosed to you where relevant. This anonymous usage data may be used to identify your device on thirdparty digital services where we have an arrangement in place to serve ads on those thirdparty digital services. We may also collect anonymous usage data from thirdparty digital services. One of the reasons we collect usage data is to display to you more relevant advertisements or content on Empact News’s network and also on thirdparty digital services.

Tracking technologies contain information that can later be read by a web server in the domain that issued the tracking technology to anonymously identify your device.

We may use the following types of tracking technologies:

• Strictly necessary tracking technologies. These are tracking technologies that are required for the operation of our digital services.

• Analytics tracking technologies. These tracking technologies allow us to recognise and count the number of visitors and to see how visitors move around our digital services. Some of the tools we may use only provide us with information about trends and aggregate user behaviour. Other tools we use may enable us to see how each visitor engaged with our digital services. For example, we will be able to see what you clicked on and how you navigated through our digital services. We may use this information to better understand how our visitors use our digital services, so that we may make the necessary improvements to enhance our visitors’ experience in the future. We do not attempt to identify you with this information.

• Functionality tracking technologies. These are used to recognise you when you return to our digital services and they allow us to personalise our content for you, for example, by remembering your preferences.

• Advertising tracking technologies. These tracking technologies record your visit to our digital services, the pages you have visited, and the links you have followed. We will use this information to make our digital services and the content and advertising displayed on it more relevant to your interests. We also may use this information to determine the effectiveness of advertising campaigns. We may also share this information with third parties for this purpose. We also permit advertisers to embed their own tracking technologies in their own advertisements. Generally, advertisers will embed tracking technologies in their own advertisements to monitor the performance of their advertising campaign.

• Measurement tracking technologies. We may also permit thirdparty service providers to embed tracking technologies on our digital services to assist them to provide measurement and analytics services in relation to the use of our digital services.

• Social media tracking technologies. We may use these tracking technologies when you connect and share our content and information using a social media sharing button or ‘like’ button on our digital services to keep track of the way end-customers engage with and share our content. The social network will record that you have done this, and this information may be linked to their targeting/advertising activities.

We may also use tracking technologies as described in Display of Advertisements below. You have the ability to accept or decline tracking technologies. If you choose to decline tracking technologies, you may not be able to use interactive features of our digital services, and some advertising preferences may not be able to be respected. If you choose to accept tracking technologies, you also have the ability to later delete tracking technologies that you have accepted.

Third-party Technology Service Providers.

We may also use various third-party service providers to provide us some of the technologies described in this Privacy Policy. These thirdparty service providers will have access to the data we collect using their services. The thirdparty service providers have their own privacy policies and you should consult those if you have any questions. The primary thirdparty service provider we use is [INSERT]. It’s privacy policy can be seen here.

Empact also provides content through social-media sites such as Facebook, Instagram, TikTok, and YouTube. Those sites may collect and hold personal information about you. You should refer to those sites’ privacy policies for further information. It is important to note that Empact has no control over those social-media companies and expressly disclaims any liability with respect to how those social-media companies collect, process, and hold any personal information.

Display of Advertisements

The digital services we offer are supported by advertising. We may display advertisements on our digital services and on the digital services offered by our advertising partners. We may place tracking technologies on your device when you interact with our website and this anonymous data may be used to group you into relevant audience segments so that we can deliver more relevant advertising to you. We may also use the tracking technologies to recognise your device each time we display an advertisement to your device. We are able to compile information over time about where you, or others who are using your device, saw and/or clicked on the advertisements we display. We may also associate this information with your visit, purchase or other activity on participating advertiser’s digital services in order to display relevant advertisements or to determine the effectiveness of the advertisements. Advertisers may also embed their own tracking technologies in their advertisements on our digital services. Our thirdparty service providers may also embed tracking technologies on our digital services to assist them to perform services for us. We encourage advertisers and such thirdparty service providers to have a privacy policy that outlines their data collection activities and usage. Please refer to such thirdparty privacy policies for more information.

Your Advertising Choices

When we display interest-based advertising, we take a number of steps designed to protect your privacy. We store content consumption data (eg page views) used for ad targeting separately from your contact information or other data that directly identifies you. We may use interest-based advertising to make the ads you see on our network more relevant to you. Online advertisements on our digital services are served by ad servers and exchanges and/or by our other thirdparty service providers to whom we may from time-to-time outsource the procurement of advertising. These companies may offer you a way to opt-in or opt-out of ad targeting based on their tracking technologies. If you would like to opt out of interestbased advertising please click here. You can also manage certain tracking technologies in your web browser privacy settings.

Please note that even if you opt-out of interest based advertising, anonymous usage data may however continue to be collected by us and/or our third-party partners for other purposes.

Privacy Standards For Journalists

As we are in the news industry, the APPs do not apply to acts done or practices engaged in by us in the course of journalism as we are committed to other journalistic standards dealing with privacy. Specifically, in relation to our online journalism activities, we are committed to complying with the various standards developed by the Australian Press Council in conjunction with its constituent members. Those standards are available at https://www.presscouncil.org.au/statements-of-principles/.

Access To Personal Information

Under the Privacy Act, you have the right to request access to the personal information which we hold about you. If you wish to exercise your right under the Privacy Act to seek access to the personal information that we hold about you, we ask that you contact us at privacy@nine.com.au. If you make an access request, we will require you to verify your identity before we provide you with any access.

We will endeavour to acknowledge your request for access within 7 days, and to provide you with the access to which you are legally entitled within 30 days of the date of receipt of your request. We will notify you if we consider it will take longer than 30 days to provide you with access. If you seek access to records held by us which are not current records, we may need to contact you to discuss your request and it may take a longer period of time to locate these records and we may charge you an administrative fee reflecting our cost of providing access. If we are not legally required to provide access to the personal information requested and we exercise our discretion not to provide that information, we will let you know our reasons for doing so.

Changes To Your Information

We endeavour to ensure that the personal information we hold is accurate, complete and up-to-date. You have the right to ask us to correct information about you which is inaccurate, incomplete, out of date, not relevant or misleading.

Changes To This Privacy Policy

We may, from time to time, review and update this Privacy Policy to take account of new laws, technologies, and changes to our business and operations. All personal information held by us will be governed by our most recent Privacy Policy which will always be available on our website. By using our digital services, you are deemed to have agreed to the terms of our Privacy Policy (as updated from time to time) and you should therefore ensure to review our Privacy Policy regularly to keep abreast of any changes that may have been made.

Procedure For Data Breaches

We do all we reasonably can do to ensure your data is collected, used, and held securely in accordance with industry standards. If at any time we become aware of unauthorised access to, or disclosure of, personal information held by us and we consider this is likely to result in serious harm to any individual to whom the information relates we will follow the data breach notification requirements under applicable law including to notify the individual involved and the relevant regulator.

EU And Californian Residents

If you are based in the European Union or California, there are specific regulations that apply in relation to the collection, processing and storing of your personal information by organisations covered by those regulations. To the extent that we are legally required to comply with those regulations in relation to any personal information and/or anonymous usage data we collect, process, disclose or store about you, we will comply with those regulations. Please note that we do not develop, target or direct our websites, products or services towards individuals (including children) situated outside Australia. Our business is targeted at individuals who are domiciled in Australia even though you are able to access our services from outside Australia. We do not knowingly collect personal information about children under 16 years of age. If you believe a child in your care has provided us with personal information or data and you would like to request us to look into removing the data from our servers, please contact us at privacy@nine.com.au.

Contact Us

If you have any questions regarding this Privacy Policy, complaints regarding how we handle your personal information or our tracking and targeting policies or if you would like to make an access request, please contact us by mail at: Privacy Officer, 1 Denison Street, North Sydney, NSW, 2060 or via email at privacy@nine.com.au.

All complaints received will be assessed by our Privacy Officer and reasonable steps will be taken to remedy any valid complaint. We will endeavour to acknowledge your complaint within 5 business days and to respond to your complaint within 20 business days of receipt of the complaint by our Privacy Officer. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

Last updated: 15 October 2021

Website Terms Of Use

Empact News Partnership (‘Empact’) is an Australian-based media company. We have a website and publish content on social-media platforms including Facebook, TikTok, YouTube, and Instagram.

Your use of the Empact website (www.empactnews.com) is governed by these Terms of Use together with Empact’s Privacy Policy (available here) and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Empact website.

We may, from time to time, review and update these Terms of Use to take account of new laws, technologies and changes to our operations. If we do, the updated Terms of Use will be posted on the Empact website. Your access to and use of the Empact Website is governed by our most recent Terms of Use and constitutes your acceptance of these Terms of Use. If you do not agree with any of the Terms of Use, you should immediately discontinue your use of the Empact website.

We reserve the right to change or discontinue all or any part of any website, application, feature or service or any other part of the Empact website at any time without any liability or notice to you.

Service Changes And Disruption

While we use reasonable endeavours to ensure that the Empact website is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free.

From time to time, we may undertake maintenance or upgrades to parts of the Empact website, and there may be scheduled or unplanned outages to parts of the Empact website or other outages for reasons beyond our control which may affect or suspend your ability to access the Empact website and our services.

You may also be required to upgrade software to continue using parts of the Empact website. If you decline an upgrade or do not upgrade, you may not be able to use or access parts of the Empact website.

There are also many factors that may affect the quality and display of the content on the Empact website as well as the time it may take to commence or resume reading, listening to and/or watching our content. Such factors include but are not limited to your location, internet speed or bandwidth, network traffic, our content delivery networks, and the type of device being used to view our content. We make no warranties or representations about the quality of your reading, viewing or listening experience or the time it may take to commence or resume reading, viewing or listening, nor that your experience will be seamless or uninterrupted.

You may need to install the relevant application (App) to better access the relevant part of the Empact website that you wish to view if you are using certain devices like mobile phones or tablets and you may need to update the App from time to time for it to function properly.

Where you use an application, service or software provided by or downloaded from a third party to access the Empact website, you agree to any terms and conditions or licence which may be imposed by the thirdparty provider including any technical limitations that only allow you to use it in certain ways. Empact is not responsible for the content, availability, performance or termination of any authorised thirdparty platforms which may be used to access our services or any part of the Empact website.

Costs

You are responsible for all costs and expenses associated with your access to the Empact website including but not limited to internet or data service provider charges and all devices, equipment and software used to access the Empact website. In no circumstances will we be liable for any such costs and expenses.

Suitability Of Content And Viewing By Children

You understand and agree that by accessing the Empact website you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Empact website, including obtaining and using any information, products and services, at your own risk.

Content on the Empact website may not be suitable for viewing by children. If you are under 18 years of age, you need to obtain a parent/guardian’s consent prior to accessing and viewing the Empact website. You may be asked to confirm that you are over 18 years before you are allowed to access certain areas of the Empact website.

We understand the importance of protecting children’s privacy, particularly in online environments. However, the primary responsibility rests on parents and guardians to properly supervise their children’s use of the Empact website. You are responsible for deciding whether or not content is appropriate for a child if you allow a child to access the Empact website using your device.

Intellectual Property

You do not have any right, title or interest in or to any intellectual property or other proprietary rights relating to the Empact website or any of its content. The Empact website may contain content that is protected by copyright, trademark and other laws and you agree not to engage in any conduct or authorise or allow others to engage in any conduct that may infringe any intellectual property rights in any of the content on the Empact website.

You are only permitted to download, reproduce and display the material on the Empact website (including video, audio, images, movies, television programs, text) for your own personal, non-commercial use. For example, we grant you a limited non-exclusive, non-transferable right to access video content on the Empact website on a streamingonly basis and you are not permitted to use such content for public performance or to charge others for accessing any of the content. You are also not permitted to use any of the content in any way that implies or could imply that Empact has endorsed a product or service.  The material on the Empact website may not otherwise be used, stored, reproduced, published, altered, communicated or transmitted in any form or by any means in whole or part without our prior written approval.

Without limiting the foregoing, you may not use any content on the Empact website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, website or other means of distribution.

We also do not grant you any right of use in relation to any logo, masthead or trademark displayed on the Empact website or any video, audio, images or text unless expressly consented to in writing by Empact or the relevant third party licensor. You are also not permitted to remove, obscure, or alter any copyright notice or trademark on any of the content on the Empact website. We reserve the right to take all steps necessary to prevent the unauthorised use, copying reproduction, distribution or exploitation of any part of the Empact website and/or any of its content.

Prohibited Contributions/Use

It is your responsibility to ensure that your use of the Empact website do not breach any applicable laws or rights.

Reporting

IF YOU THINK THAT ANY CONTENT ON EMPACT WEBSITE IS UNLAWFUL OR BREACHES THESE TERMS OF USE IN ANY RESPECT, PLEASE CONTACT US VIA THE ‘CONTACT US’ LINK ON THE EMPACT WEBSITE.

Please note while we will not necessarily reply to all reports or complaints, we will consider whether there are any grounds for taking action for each report or complaint received.

If you wish to send us a copyright infringement notification, you will need to email a signed notice to us at [INSERT] that identifies the material(s) that you believe infringe(s) your copyright, identifies each copyright protected work in which you own the rights and which you believe has been infringed, identifies how each copyright protected work has been or is being infringed and includes your contact information.

Dealings with Advertisers

The Empact website includes advertising and promotional material provided by our advertisers. We do not recommend or endorse any advertiser, its products or services and we ask that you contact the advertiser directly if you have any queries or concerns regarding the content of any advertisement.

In some instances, we feature, promote or sponsor special events, offers, competitions and other activities conducted by third parties, online or offline. Advertisements on the Empact website may also contain offers which you can accept by clicking through to the advertiser’s website or we may display links and pointers to third party websites. All these thirdparty websites, offers, competitions etc do not form part of the Empact website and are not under our control and we do not accept any responsibility for them and you participate at your own risk. The advertiser or the person making the offer etc to you is solely responsible to you for offers etc and for the delivery of any goods or services which are the subject of any such offer etc or which you may purchase on the thirdparty website. If you contact a thirdparty using functionality provided on the Empact website, including via e-mail, you do so at your own risk and we do not accept any responsibility for any communications or transactions between you and the relevant third party.

Some advertisements and promotions may be aimed at consumers who are located in specific locations. As a result, the goods or services included in any such advertisements or promotions may not necessarily be available at or near the place where you are located whether for the price stated or at all. We make no representation or warranty with regard to the availability of such good and services or the price for which those goods and services may be available in the area where you are located. You agree that you will make no claim or complaint against Empact and that we will not be liable, solely on the basis that you were not able to acquire goods or services mentioned in an advertisement or promotion, whether at the price stated in the advertisement or at all.

Commission And Fees

You acknowledge and accept that Empact and its service providers may receive fees and/or commissions from thirdparties for goods and services that are displayed or made available through the Empact website or are hyperlinked from the Empact website or from electronic communications sent from us to you.

Termination

You agree that Empact may without notice terminate your access to all or any part of our services and/or the Empact website without notice on any reasonable grounds including but not limited to:

• any actual or suspected breach by you of these Terms of Use;

• any request by law enforcement authorities or agencies;

• any discontinuation or modifications to part of our services;

• any technical issues or problems;

• any extended periods of account inactivity;

• any non-payment of fees owed by you to Empact in relation to any services; and/or

• where we suspect you have used the Empact website or any services provided by Empact for a fraudulent, illegal or disreputable purpose.

Disclaimer

We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Empact website by any person other than Empact (including any content uploaded by a thirdparty on a thirdparty Site). For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made material available on the Empact website simply by facilitating others to post, transmit or otherwise make material available. Furthermore, we do not endorse any opinion, advice or statement made by or attributable to any person other than Empact. Empact is not responsible for, and accepts no liability with respect to, any material, opinion, advice, statement or other content that is attributed to a third party.

Except where expressly specified otherwise, the content on the Empact website is provided for your general information only. It is not intended as any sort of professional advice and you should not rely upon it as professional advice. You should make your own enquiries and verify any important information we provide (eg information about health, finances, and travel) and seek independent advice suited to your specific circumstances prior to making any decisions.

Special warning for content and services relating to financial matters. The Empact website may contain financial content and tools such as stock quotes, broker calls, investment information, market comment and analysis (including web3 and blockchain), statistics, company reports and fact sheets and calculators. None of our financial or other content is intended for trading or investment purposes and we and our content providers are not liable for any trading or investment decisions based on your use of this content.

Third Party Licensor Terms Of Use

As well as publishing our own original content, Empact also licenses content from various licensors that is published on the Empact website, including on thirdparty sites. Their own terms of use may be displayed directly on those thirdparty sites, in which case your use of those sites is subject to those terms and conditions of use unless specified otherwise.

Limitations Of Liability

Your use of the Empact website is at your sole risk. The content and services comprising the Empact website are supplied to you on an ‘as is’ and ‘as available’ basis. To the extent permitted by law, Empact, its contributors, partners, and licensors expressly exclude and disclaim all warranties and conditions of any kind regarding the content and services comprising the Empact website, whether express or implied, unless expressly set out in these Terms of Use. Without limiting the forgoing we do not warrant that the content on the Empact website is accurate, complete or reliable or that our services will be timely, uninterrupted or error free or that any errors, omissions or defects will be corrected.

We will not be liable for loss resulting from any action or decision by you in reliance on any content on the Empact website, nor any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other person’s use of, access to or conduct in connection with the Empact website under any circumstance.

To the extent that our liability cannot be excluded by law, our liability is limited (at our option) to resupplying the relevant goods or services to you or the amount(s) paid by you (if any) in respect of those goods or services.

Further, neither of us 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 use of the Empact website.

Severability

If any provision of these Terms of Use is deemed to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect.

No Waiver

No waiver of any term of these Terms of Use shall 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 of Use shall not constitute a waiver of such right.

Governing Law

These Terms of Use and any issues arising under these Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Updated: 3 February 2023