Terms and Conditions

Welcome to Herald Sun HiT and thank you for shopping with us.

These Terms and Conditions govern the use of Herald Sun HiT ("the website") and the purchase of any goods from it. The website is operated and managed by InternetCD-DVDsales.com Pty Ltd ("Stomp Entertainment") (ABN 72 065 002 940).

If you need more assistance you can always contact our Customer Service team on 1300 552 107 or +61 3 9412 3530 between 8:30am - 5:30pm AEST Monday to Friday (excluding public holidays), or email customerservice@heraldsunhit.com.au

Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Stomp Entertainment reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

Any liability of Stomp Entertainment or its Associates including The Herald & Weekly Times Pty Limited, its related bodies corporate, any of their directors, officers, employees, consultants or shareholders (herein referred to as "HWT") in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Stomp Entertainment be limited to:

1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

The information contained on the website is provided by Stomp Entertainment in good faith. To the best of Stomp Entertainments knowledge, the information is accurate and current. However, Stomp and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("Stomp Entertainments Associates") and HWT do not make any representation or warranty as to the accuracy or completeness of the information.

To the fullest extent permitted by applicable law, Stomp Entertainment and HWT disclaim all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Stomp Entertainment and HWT make no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.

You expressly acknowledge and agree that neither Stomp Entertainment nor HWT controls other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and neither Stomp Entertainment nor HWT is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Stomp Entertainment and HWT will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.

Users warrant that they have not relied on any representation made by Stomp Entertainment or HWT, which has not been expressly stated in these terms and conditions, or upon any descriptions, illustrations or specifications contained in any document including publicity material produced by HWT.

Copyright in the Herald Sun HiT website is property of HWT and Stomp Entertainment. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Stomp Entertainment, HWT and third parties. This property may only be used for the purposes of browsing the Herald Sun HiT website and acquiring goods and services of Herald Sun HiT and users may not do anything that interferes with or breaches those intellectual property rights.

These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.

If you purchase goods and services from Herald Sun HiT or create an account with us, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Stomp Entertainment with current, complete and accurate customer information when asked to do so by the website or an employee of Stomp Entertainment.

All care is taken to ensure that Herald Sun HiT websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.

A Herald Sun HiT account holder may not have more than one active account, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as gift vouchers, promotional benefits and the value therein.

Herald Sun HiT accounts are non-transferable. You may update, edit or terminate your account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.

As a Herald Sun HiT account holder, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your account and password.

Prices of goods and services and delivery and other charges displayed on the Herald Sun HiT website are current at the time of display. These prices are subject to variation without notice.

You will be charged in Australian Dollars. Your credit card company will apply appropriate exchange rates once they have received the charge.

We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

Some products on Herald Sun HiT may not be immediately available for despatch from our supplier, due to circumstances beyond our control. However, where possible, we will advise you of any delay by advertising the release or campaign (sale) date accordingly. By submitting your order after being advised of such delays, you are accepting such timeframes into which the item/s will be shipped. If there are any changes in the release date to which you have previously accepted, we will contact you accordingly.

Orders will not be despatched until payment in full has been received and Herald Sun HiT is satisfied with the integrity of the order.

Without limiting the operation of any other Terms and Conditions herein, Herald Sun HiT is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

If you need to cancel an order, please contact us immediately on 1300 552 107 or +61 3 9412 3530. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.

It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with Australia Post who we believe will always do their best to deliver products by the estimated delivery date.

When you pre order certain products on Herald Sun HiT you will receive Free Postage on that item. Our free delivery currently applies only to pre ordered products and to Australian residence only. It excludes the following formats – singles. We reserve the right to end or change this Free Postage offer at any time.

Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Herald Sun HiT will not exchange or refund goods unless they were damaged or faulty when purchased.
Herald Sun HiT will refund up to $AUD10.00 in delivery fees to return damaged or faulty goods. This will be refunded according to the original method of payment.

Except where required by law, you must return damaged goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply.

In the event that you receive a defective or damaged product, we will refund the original product price and delivery via the original method of payment. Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return, at our cost.

Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to Herald Sun HiT.

For gifts purchased using a Herald Sun HiT or third party gift voucher (or any part thereof), the amount paid by gift vouchers will be refunded in the form of a Herald Sun HiT Gift Voucher, and the remaining amount will be refunded via the original method of payment.

Please note: all products that are found to be non-defective will incur the delivery costs of returning the item to Herald Sun HiT.

Please allow up to 14 days for refunds to be processed upon our receipt of goods.

Please ensure all Herald Sun HiT Gift Vouchers are redeemed at the time of ordering. Once the order has been submitted and paid for by means other than a voucher, we are unable to retrospectively redeem a Gift Voucher to offset that cost.

All Gift Vouchers are issued with an expiry date as indicated on the voucher itself. Once that Gift Voucher has expired, we are unable to extend the expiry date under any circumstances. It is the Gift Voucher holder's responsibility to ensure it is redeemed before the expiry date.

Herald Sun HiT Gift Vouchers may not be used to purchase other Gift Vouchers. Redemption of a gift voucher on our website is not an exemption from shipping costs.

There is a difference between a "Purchased" Voucher and a "Promotional" Voucher. A Promotional Voucher is one received as part of a competition, incentive or offer. A Purchased Gift Voucher is one that is not associated with any promotion, incentive or offer and the complete cost has been paid for by the customer.

The same applies, no matter how many Promotional Vouchers you have received. You are still able to "top up" any short fall by using your credit card.

Other Terms and Conditions not listed herein and applying to Herald Sun HiT promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.

Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.

If you enter into a transaction through InternetCD-DVDsales.com to purchase services or vouchers for those services supplied directly by a third party, InternetCD-DVDsales.com is not responsible for the provision of those services or for any misunderstanding between you and the supplier.

In all arrangements involving the direct provision of services by third parties, InternetCD-DVDsales.com accepts no liability of any kind in connection with or arising from such an arrangement.

You agree to waive any and all claims that you now have or may have in the future against InternetCD-DVDsales.com and InternetCD-DVDsales.com's Associates which relate to or are incidental to any transaction.

You agree to indemnify and hold InternetCD-DVDsales.com harmless from and against any and all claims, loss or expense that may be incurred by InternetCD-DVDsales.com or InternetCD-DVDsales.com's Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold InternetCD-DVDsales.com and InternetCD-DVDsales.com's Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.

We treat all customer information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of our Terms and Conditions:

At heraldsunhit.com.au we would like to assure you that we take your information and privacy very seriously. The following is a description of what we do and don't do with your details.

For heraldsunhit.com.au to auto process your order, we need information such as your name, email or contact number, delivery address and payment details. Other information will also be collected with your permission from time to time. This will normally include preferences such as likes or dislikes.

Outside of information that you enter on the web site, we also receive and store certain types of information when you interact with heraldsunhit.com.au, this is provided through the use of Cookies.

Cookies are alphanumeric identifiers that are placed on your computer's hard drive through your web browser.

Cookies enable our systems to recognise your browser and welcome you back to the Store.

By disabling cookies, you will not be able to participate in some of the features offered by heraldsunhit.com.au

Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to disable or to warn you when cookies are used. As there are many browsers in the marketplace, the easiest way to change your settings is by searching for Cookies in your Help/Contents and Index option on your browser.

We recommend that you leave your Cookies enabled otherwise; you will not be able to shop with us.

Our cookies don't send us back any information about your computer or any other information on your hard drive.

Information that you have provided us will be used in three ways:

• To enhance your shopping experience
• To communicate to you new products and services and also at times, the opportunity to up take on special promotions or offers. You have the option to opt-out of this communication by replying to the communication with an unsubscribe message or to change your preferences through My Account
• To generate a holistic but anonymous view of the heraldsunhit.com.au customer base. This information will allow us to analyse trends and demographics to help heraldsunhit.com.au improve on the services provided

It is important to note that we only send periodical communications to people who have "opted in" to receive it. We do not set out to "spam" our members in any way and honour their right to privacy.

HWT: Stomp Entertainment will pass on the information that you provide to us to HWT. See HWT Statement of Privacy Policy (below)

Partners: Third party companies and individuals have been engaged to perform functions on behalf of Heraldsunhit.com.au. Functions such as fulfilling and delivery of purchases, credit card payment authorisation, trend analysis, marketing and promotions, but all information will only be used to perform their appropriate functions and not for other usage.

Authorities: Stomp Entertainment will pass on any information relating to suspected fraudulent activity to appropriate authorities

Industry Groups: From time to time we provide statistical information about sales, trading patterns and navigation techniques to reputable third parties. This may comprise data collected about you and other users to form aggregate results. However, we will not provide any direct personal information that identifies you as our customer.

Verification of Accounts: We do use various details to verify information given to us by our members. At times, we use:

• Names on member accounts to compare with information on credit cards
• We use member phone numbers and email addresses provided to us to communicate with customers about payments
• We use member addresses to check against credit card billing addresses etc.
• In cases where fraud or other crime is suspected, we do communicate with Police, Banks and other relevant authorities
• Many of these checks are done manually and communication is handled carefully by a member of Stomp Entertainment's own Customer Service team.

Lost login and Password details: All information is kept private. Many account holders often forget details such as their passwords. We do not distribute these either via telephone or email. The customer is informed of their "Password reminder" rather than the actual password being given out.

All information submitted to heraldsunhit.com.au secured using Secure Sockets Layer (SSL) software. Information sitting on the heraldsunhit.com.au website is protected by state-of-the-art encryption and firewall technology

Personal information provided by you can be viewed and changed by you if information provided is incorrect or out of date.

Heraldsunhit.com.au provides you with the following tools to manage your information. The tools will evolve as the heraldsunhit.com.au website evolves:

• My Account (To manage all personal details)

If you need more assistance you can always contact our Customer Support team on TBC between 8:30am - 5:30pm AEST Monday to Friday (excluding public holidays), or email heraldsunhit.com.au customerservice@heraldsunhit.com.au

It is important that any information provided or purchases made by children have the consent of parents or guardians.

Sign out or close your browser once you have finished shopping within heraldsunhit.com.au associate partner stores. This is to ensure that others cannot access your personal information and correspondence.

If you share a computer with someone or are using a computer in a public place like a library or Internet café. You as an individual are responsible for the security of and access to your computer.

• You are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the Internet and heraldsunhit.com.au
• Further Privacy information can be obtained on the Australian Privacy Commissioner's Web Site

If you need more assistance you can always contact our Customer Support team on 1300 552 107 or +61 3 9412 3530 between 8:30am - 5:30pm AEST Monday to Friday (excluding public holidays), or email customerservice@heraldsunhit.com.au

Herald and Weekly Times (HWT) recognises the importance of protecting the privacy of personally identifiable information collected about our customers. For the purposes of this Privacy Statement, the word customers includes visitors to our web sites, subscribers to and users of our services, purchasers of our products and advertising customers.

We are bound by the National Privacy Principles in the Privacy Act 1988 (Cth) in relation to the handling of personal information. Where appropriate we will handle personal information relying on the media exemption (but complying with the Australian Press Council Privacy Standards), related bodies corporate exemption and the employee exemption in the Privacy Act.

We collect personal information when we provide our services to you. Generally we will tell you why we are collecting information when we collect it and how we plan to use it or these things will be obvious when we collect the information.

We usually collect personal information directly from you although sometimes we may use agents or service providers to do this for us. We may also acquire lists from other sources, both from other companies and from other public documents.

We usually collect personal information such as your name, address, telephone number, and in some instances, your financial details. When you are online, we collect information regarding the pages within our network which you visit and what you click on. As a general rule we do not collect sensitive information. However, if we do, it will usually be for the purposes of providing our goods or services and if the law requires us to, we will seek your consent to collect it.

We use your information to provide our services to you, to fulfil administrative functions associated with these services, for example billing, to enter into contracts with you or third parties and for marketing and client relationship purposes. Where your personal information is contained within an advertisement which we publish for you, we may also use your information for publication of that same advertisement in other media, in accordance with the terms and conditions of the initial publication.

We may share your information with other companies which are related to News Limited, within Australia. We or they may also use your personally identifiable information to assist us in improving our products and services and any of us might be in touch to let you know about goods, services, or promotions which may interest you.

HWT may disclose your information to its service providers and contractors from time to time to help us to provide and market our goods and services to you. We may also share your information with third parties who provide prizes for competitions or reader offers. If we do this we generally require these parties to protect your information in the same way we do. Third party companies and individuals have been engaged to perform functions on behalf of HWT. Functions such as fulfilling and delivery of purchases, credit card payment authorisation, trend analysis, marketing and promotions, but all information will only be used to perform their appropriate functions and not for other usage.

HWT will pass on any information relating to suspected fraudulent activity to appropriate authorities.

We may collect certain non-personal information to optimise our goods and services including our Web pages for your computer (e.g., the identity of your Internet browser, the type of operating system you use, your IP address and the domain name of your Internet service provider). We may use such non-personal information for internal purposes, including but not limited to improving the content of our sites.

HWT may use personally identifiable information in aggregate form to improve our goods and services including our Web sites and make them more responsive to the needs of our customers. This statistical compilation and analysis of information may also be used by HWT or provided to others as a summary report for marketing, advertising or research purposes.

HWT strives to ensure the security, integrity and privacy of personally identifiable information of our customers. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure.

Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

You have a right to access most personal information we hold about you and if we deny access in some circumstances we will tell you why.

To request access, please contact our privacy officer as set out at the end of this document.

Any information posted on bulletin boards and/or communicated in chat areas becomes public information. While HWT strives to protect and respect your privacy, we cannot guarantee the security of any information you disclose in a chat room or bulletin board.

Cookies are data that a Web site transfers to an individual's hard drive for record-keeping purposes. Cookies can facilitate a user's ongoing access to and use of a site. They allow us to track usage patterns and to compile data that can help us improve our content and target advertising. If you do not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows you to deny or accept the Cookie feature. But you should note that Cookies may be necessary to provide you with features such as merchandise transactions or registered services.

HWT may establish relationships with business partners that allow visitors to our Internet sites to link directly to sites operated by these partners. Some of these sites may be "co-branded" with our logo; however, these sites may not be operated or maintained by or on our behalf. These sites may collect personal information from you that may be shared with us. This Privacy Statement will apply to any personal information we obtain in this manner.

HWT is not responsible for the content or practices of Web sites operated by third parties that are linked to our sites. These links are meant for the user's convenience only. Links to third party sites do not constitute sponsorship, endorsement or approval by HWT of the content, policies or practices of those third party sites. Once you have left our site via such a link, you should check the applicable privacy policy of the third party site.

We do use various details to verify information given to us by our members. At times, we use:

• Names on member accounts to compare with information on credit cards
• We use member phone numbers and email addresses provided to us to communicate with customers about payments
• We use member addresses to check against credit card billing addresses etc.
• In cases where fraud or other crime is suspected, we do communicate with Police, Banks and other relevant authorities
• Many of these checks are done manually and communication is handled carefully by a member of Stomp Entertainment’s own Customer Service team

All information is kept private. Many account holders often forget details such as their passwords. We do not distribute these either via telephone or email. The customer is informed of their "Password reminder" rather than the actual password being given out.

Remember to close your browser when you have finished your user session. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe. You as an individual are responsible for the security of and access to your own computer.

Whenever you voluntarily disclose personal information over the Internet that this information can be collected and used by others. In short, if you post personal information in publicly accessible online forums, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the Internet.

Please contact our Privacy Officer to ask for access to your information or if you have a complaint concerning your information privacy or if you would like more information about our approach to privacy.

Privacy Officer

(03) 9292 1297

privacy@hwt.newsltd.com.au

GPO Box 14999, Melbourne MC 8001.