Subscription terms

1. Application and acceptance

1.1 Projectory ("Projectory.com.au") is owned and operated by Wade Business Media Pty Ltd ABN 38 143 862 864 ("WBM").

1.2 These Subscription Terms govern your subscription to, and your Trial of, Projectory.com.au. These terms, together with the Conditions of Use, form part of the general terms and conditions governing the material on, use of and access to Projectory.com.au.

1.3 These terms apply to Trial Users as if references to a subscription were references to a Trial, references to a Subscriber were references to a Trial User, and references to a subscription term were references to the Trial period, other than the provisions of clause 4 which apply only to paid subscriptions.

1.4 By registering for a subscription or a Trial, you confirm that you have read and agree to be bound by these terms and by the Conditions of Use. WBM records the date, time, internet protocol address and version of the terms accepted at the point of registration.

1.5 Your continued use of Projectory.com.au after any variation made in accordance with clause 13 constitutes acceptance of these terms as varied.

2. Definitions

In these terms:

Account means any registration on Projectory.com.au, whether a paid subscription or a Trial.

Linked Accounts means two or more Accounts which WBM reasonably believes are held, controlled, used or created by or on behalf of the same individual or Organisation, whether or not the registration details differ.

Organisation means a body corporate, partnership, trust, sole trader or other entity, identified by its Australian Business Number.

Subscriber means a person or Organisation whose registration has been accepted by WBM and for whom payment has been received.

Trial means the free 21-day trial subscription to Projectory.com.au described in clause 7.

Trial User means a person who has registered for a Trial, whether or not that registration was validly obtained.

3. Registration, authorised use, security and monitoring

3.1 When you register for a subscription or a Trial, you must provide information that is true, accurate, current and complete, and you must keep that information true, accurate, current and complete for the duration of your Account.

3.2 You must not register, or attempt to register, using:

(a) a false or assumed name, or a name that is not your own;

(b) the name, contact details or identity of another person, whether real or fictitious;

(c) a false, fabricated or misdescribed business name, trading name, position, postal address, telephone number or date of birth;

(d) an email address that is not your genuine and ordinary business email address, including any disposable, temporary, anonymised, forwarding or alias email address; or

(e) any other information which is knowingly false or misleading.

3.3 WBM may refuse, suspend or terminate any Account where it reasonably believes that clause 3.1 or 3.2 has not been complied with.

3.4 Where an individual registers an Account using the name, email domain or identity of an Organisation, that individual is personally bound by these terms and is personally liable for any breach of them, whether or not the Organisation is also bound or liable, and whether or not the individual was authorised by the Organisation to register.

3.5 Your subscription will not be valid unless and until WBM accepts your registration and payment is received. All personal information you provide WBM will be treated in accordance with the WBM Privacy Policy. It is your responsibility to inform WBM of any changes to that information.

3.6 When you register with WBM to use Projectory.com.au, you will use a username and a password of your choosing to access articles. Your password may be modified at any time.

3.7 There is a limit of 16 personnel from your Organisation who may access content on Projectory.com.au or receive the Projectory.com.au e-newsletter. Only the person registering for a subscription may authorise additional users to access content and receive the e-newsletter, and that authorisation must be submitted to WBM in writing by the individual registering for the subscription.

3.8 It is a breach of these terms to provide access to Projectory.com.au to non-employees of the subscribing Organisation. Only individuals employed by the subscribing Organisation, or entities sharing the same Australian Business Number as the subscribing Organisation, are eligible to access, or be linked to, the subscribing Organisation’s Account. Employees of subsidiary companies of the subscribing Organisation and contractors to the subscribing Organisation are not eligible to access content on Projectory.com.au. Authorised users are determined by the subscribing Organisation’s Australian Business Number.

3.9 You must ensure that your password remains confidential at all times. You are entirely responsible for all use, activities and charges associated with or arising from any use of your username and password, regardless of whether you authorised that use, including unauthorised use of any credit card associated with the registration of the subscription. Each password must be used by a single user and is not transferable. An attempt to log in with an email address and password that is already in use will disconnect the other user. You must notify WBM immediately if you become aware of any unauthorised use of your email address and password.

3.10 Your email address and password must not be shared.

3.11 WBM may monitor use and unauthorised use of Projectory.com.au, including but not limited to concurrent use of an email address and password, registration patterns, internet protocol addresses, device and browser characteristics, authentication events, and access and usage volumes, and may take any action it considers appropriate, including immediately terminating a subscription or a Trial.

3.12 Where WBM reasonably believes that two or more Accounts are Linked Accounts, WBM may treat those Accounts as a single Account for all purposes under these terms, including the calculation of Trial eligibility, usage limits and fees payable, and may suspend or terminate any or all of them without notice.

4. Subscription charges

4.1 WBM reserves the right to change the subscription fee it charges in connection with Projectory.com.au at any time and will provide you with no less than one month’s prior notification of any such change.

4.2 Changes of the kind referred to in clause 4.1 include, but are not limited to, adding fees for new or optional products and modifying fees for existing products. By subscribing to any service, including any additional product that may be offered from time to time, with which fees are associated, you agree to pay those fees. If you do not wish to pay those fees, you must cancel your subscription.

4.3 Unless stated otherwise by WBM, in order to register for a service or product you must submit valid credit card details. When you submit your credit card details during the registration process, the card details will be checked for validity and the payment will be processed immediately, or otherwise immediately after the 21-day Trial, if applicable.

4.4 If you pay by cheque, your subscription commences on the day that your cheque is banked by WBM. If the cheque is subsequently not cleared, your subscription will be cancelled and you will be required to make a new payment. Whether you pay by credit card or cheque, you will be notified by email of the commencement of your subscription (the "Commencement Date").

4.5 Subscription fees and all other fees and charges associated with your subscription, including any applicable federal, state and local taxes, will be billed automatically to the credit card you provide when registering for the applicable service. If you do not notify WBM of changes to your billing details, WBM will assume that all information relating to your credit card remains valid and will submit to the card processor all information it requires for approval, both when you initially subscribe and, if applicable, on the commencement of any renewal of that subscription.

4.6 If any subscription fees or other charges billed to your credit card are not processed for any reason, WBM may suspend your subscription until those fees or charges are paid in full.

4.7 You agree to pay all costs, including legal fees, incurred by WBM in collecting any unpaid subscription fees or other charges from you. If payment in full is not received, WBM may cancel your subscription.

4.8 Subscription fees are based on the subscription rates in effect at the start of each subscription term and apply whether or not you actually use Projectory.com.au during that term. You cannot suspend your subscription.

4.9 Unless stated to be otherwise, charges referred to for use of any services provided by WBM are exclusive of GST. Where GST applies, WBM will issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (Cth) (the "Act"). Tax Invoice means tax invoice as defined by the Act.

4.10 Amounts payable under clause 12.1 are recoverable as a debt due to WBM, and clause 4.7 applies to their collection.

5. Termination or cancellation

5.1 Subscription fees are non-refundable. WBM may, however, at its discretion, agree to refund any amount in exceptional circumstances.

5.2 WBM may immediately cancel or suspend your subscription or your Trial, without notice or liability, where it reasonably determines that:

(a) you have breached any part of these terms or the Conditions of Use;

(b) your use of or access to Projectory.com.au violates any applicable law or regulation, or inhibits any other user from using or accessing Projectory.com.au or any other service offered by WBM;

(d) your Account is a Linked Account of another Account which has been suspended or terminated, or which has already received a Trial.

5.3 Nothing in clause 5.2 limits any other legal, equitable or contractual right available to WBM.

5.4 WBM may choose not to renew your subscription by providing you with notice of non-renewal by email at any time during your subscription term, in which case your subscription will cease immediately.

6. Marketing opt-in

6.1 By subscribing to Projectory.com.au, you agree to opt in to email tips, marketing communications and newsletters.

6.2 You may unsubscribe from each of these communications using the unsubscribe function at the bottom of each email, or by contacting Customer Service.

7. Trial terms

7.1 The Trial

WBM may, at its discretion, offer a free 21-day trial subscription to Projectory.com.au. A Trial begins on the date WBM accepts your registration and ends 21 days later, unless WBM notifies you otherwise in writing.

7.2 Eligibility

(a) One Trial is available per individual.

(b) One Trial is available per Organisation, identified by Australian Business Number.

(c) You are not eligible for a Trial if you, or any Organisation of which you are an employee, officer, contractor or principal, has previously received a Trial.

(d) Requests to re-trial Projectory.com.au will be considered by WBM on application. A further Trial is available only where WBM agrees to it in writing.

7.3 Prohibition on repeat and multiple registration

You must not register, or attempt to register, for more than one Trial. Without limiting that prohibition, you must not obtain or attempt to obtain more than one Trial by:

(a) using a different email address, email domain or email alias;

(b) using a disposable, temporary, anonymised, forwarding or redirected email address;

(d) using a different telephone number, postal address or date of birth;

(e) registering in the name of another person, whether real or fictitious;

(f) registering in the name of a business or Organisation that does not exist, is not trading, or with which you have no genuine connection;

(g) using a different device, browser, internet protocol address, virtual private network or network connection; or

(h) any other means intended to avoid a restriction on Trial eligibility.

7.4 Circumvention of access controls

You must not, and must not permit any other person to, circumvent, disable, interfere with, or attempt to circumvent, disable or interfere with, any usage limit, page or project view limit, access control, rate limit, registration control, authentication measure or other technical measure applied by WBM to Projectory.com.au or to any Account.

7.5 Trial access and content

During a Trial, WBM may limit the content, features, functionality, export capability and volume of material accessible, and may vary those limits at any time. Trial Users are not entitled to any particular level of access.

7.6 Conversion and expiry

If you wish to subscribe during your Trial, select the Upgrade to Full Membership link once logged in, or contact WBM. If you wish to subscribe after your Trial has expired, contact WBM. On expiry of a Trial, access to full reports on Projectory.com.au will cease.

7.7 Termination of a Trial

WBM may suspend or terminate a Trial at any time, without notice and without liability, including where clause 7.2, 7.3 or 7.4 has not been complied with.

8. Automated access and extraction

8.1 You must not, and must not permit any other person to:

(a) use any automated means, including any robot, spider, scraper, crawler, script, bot, agent or data-mining tool, to access, search, index, copy, extract, harvest or monitor any part of Projectory.com.au;

(b) systematically download, extract, compile, index, reproduce or store any material from Projectory.com.au, whether manually or by automated means, and whether or not for commercial purposes;

(d) use any material obtained from Projectory.com.au to create, populate, maintain or supplement any database, index, publication, directory, list, product or service, whether or not it competes with Projectory.com.au.

8.2 Clause 8.1 applies in addition to, and does not limit, the restrictions on your use of Projectory.com.au set out in the Conditions of Use.

9. Upgrading or downgrading your subscription

Please contact Customer Service at any time to discuss changing your service.

10. Privacy statement

10.1 WBM collects your personal information to fulfil your subscription to, or Trial of, Projectory.com.au. WBM may disclose that information to its related companies and may use it to offer products and services of potential interest to you.

10.2 You may access your personal information by writing to Projectory. If you do not wish to receive special offers or marketing communications from WBM, contact us.

10.3 For more information, see the WBM Privacy Policy.

11. Do Not Call Register consent clause

11.1 This clause applies only if the telephone number you have provided to WBM for your subscription or Trial is primarily used for private or domestic purposes.

11.2 You agree to receive telephone calls relating to your lapsed or cancelled subscription or expired Trial for up to 36 months, until you notify WBM otherwise.

11.3 If you do not wish to receive such calls from WBM, you may notify WBM at any time.

12. Consequences of breach

12.1 Where WBM reasonably determines that a person has obtained or used access to Projectory.com.au through more than one Trial, through a Trial obtained in breach of clause 3.2, 7.2 or 7.3, or through the circumvention of an access control in breach of clause 7.4, WBM may charge that person, and that person is liable to pay to WBM, the subscription fee that would have been payable for the period during which that access was obtained or used, calculated at the single-user annual subscription rate in effect at the commencement of that period.

12.2 An amount payable under clause 12.1 is a genuine pre-estimate of the loss suffered by WBM, being the value of the access obtained, and is recoverable as a debt due to WBM.

12.3 You indemnify WBM against any loss, liability, damage, cost or expense, including reasonable legal costs on a solicitor and own client basis, suffered or incurred by WBM in connection with any breach by you of clause 3.2, 7.3, 7.4 or 8.1.

12.4 WBM may exercise any right under this clause in addition to, and not in substitution for, its rights under clause 5 and its other legal and equitable rights.

12.5 Nothing in this clause requires WBM to exercise any right, and no delay or failure by WBM in exercising a right is a waiver of that right.

13. Variation and versioning

13.1 WBM may vary these terms from time to time. WBM will publish the varied terms on Projectory.com.au together with the version number and effective date.

13.2 Where a variation is material and adverse to a Subscriber, WBM will give that Subscriber at least 30 days notice by email before the variation takes effect.

13.3 A Subscriber who does not accept a material and adverse variation may terminate their subscription by written notice before the variation takes effect, and WBM will refund the unused portion of the subscription fee on a pro rata basis.

13.4 Variations take effect for Trial Users on publication.

14. Governing law

These terms are governed by the laws of Western Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State.