Terms of Use – POPSUGAR Australia and New Zealand

Effective: 1 February 2021

1. About

Val Morgan & Co (Aust) Pty Ltd (ABN 28 004 806 857) “Val Morgan”, and affiliates (“POPSUGAR”, “we”, “us”, “our”) operates POPSUGAR and any other linked and related pages, content, mobile applications, features, products, software, video player and tools offered by POPSUGAR in Australia and New Zealand (being the websites with a “.com.au” or “.co.nz” extension) for the POPSUGAR brand (the “Services“).

2. Use of POPSUGAR

By accessing or using any of our Services, you agree to be bound by these terms and conditions (the “Terms of Use“), and our privacy policy located here (“Privacy Policy”) which are incorporated herein by reference (together, the “Agreement“). You agree to use POPSUGAR responsibly and to observe the Terms of Use. If you do not agree to any of the Terms of Use, then please do not use our Services. POPSUGAR reserves the right to amend the Terms of Use at any time for any reason without notice to you.

3. Children and Young People

POPSUGAR may contain content that is not suitable for children. You must be 18 years or older to use our Services.  You confirm that you are 18 years or older, or otherwise have your parent/guardian’s consent to access the content on POPSUGAR.

4. Competitions

When you enter our competitions, Val Morgan handles the personal information you provide in accordance with its Privacy Policy. If you win one of our competitions, we may collect further personal information from you to award a prize, such as your residential address. We may disclose your personal information to entities who assist us facilitate the competition including prize sponsors, suppliers and postal providers, and other parties where required by law and you consent to this disclosure. If you win a competition, your name may be published as set out in the terms and conditions or required by law. Without your information, we may not be able to enter you into the competition or award you a prize.

5. Disclaimers

a) POPSUGAR aims to provide unbiased editorials. However, we wish to disclose that we may receive free products or other commercial benefits from companies that we review or discuss in our editorials.

b) No medical or professional advice: The POPSUGAR content and materials obtained from POPSUGAR’s licensors or other third parties, and all Services are provided for informational purposes only and are not intended to be a substitute for professional medical advice, or for any other professional advice. Do not ignore professional advice, or delay in seeking treatment because of something you may have viewed on POPSUGAR. Always seek the advice of your qualified healthcare provider. POPSUGAR does not recommend or endorse any specific tests, medical practitioners, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any such information is solely at your own risk. The Services may contain health-related materials that are sexually explicit. If you find these materials offensive, you may wish to discontinue your use our Services.

c) No financial services advice: POPSUGAR may contain financial content and tools such as stock quotes, broker calls, investment information, market comment and analysis, statistics, company reports and fact sheets and calculators. Our financial content is not 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.

d) Third party links and offers: The Services may contain links to third party websites that are not owned or controlled by POPSUGAR and may contain information that some people may find offensive or inappropriate. POPSUGAR has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. 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. Advertisers may promote offers for goods and services. We make no representation or warranty as to the availability or price of such good and services. Such offers are not made by us and the advertiser is solely responsible to you for the legal compliance of its advertising and the delivery of any goods or services you purchase on the third party website after clicking on a link located on POPSUGAR.

e) No representations and no liability: POPSUGAR makes no representations concerning any content contained in or accessed through the Services, and POPSUGAR will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Under no circumstances will POPSUGAR be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted or otherwise made available via the Services.

6. Intellectual Property Rights

The content on POPSUGAR is intellectual property owned by either POPSUGAR, its licensor or our service providers. By using the Services you agree not to reproduce or redistribute or use our content in any way unless you have our express permission. Use of the Services is for your personal use only and must not be used for commercial purposes without the prior written consent of POPSUGAR. Use of any trademark requires express consent from the trademark owner.

7. Termination

POPSUGAR may terminate the Terms of Use at any time for any reason including without limitation, breach of these Terms of Use or discontinuation of the Services.

8. Privacy

By using the Services you consent to us collecting and using your personal information in accordance with the Privacy Policy which you can view here. Any personal information you provide us, including, but not limited to, your email address for the purpose of receiving direct marketing communications or entering competitions will be handled in accordance with the Privacy Policy. We collect your personal information so we can administer competitions, promote ours and our partners’ products and services, and customise the content and ads you see when using our services.

You can unsubscribe from marketing emails at any time by clicking on the “unsubscribe” link at the bottom of our email.

9. Limitation of Liability

Your use of the POPSUGAR network is at your sole risk. The content and Services are supplied to you on an “as is” and “as available” basis. To the extent permitted by law POPUGAR, its subsidiaries and affiliates, partners and licensors expressly disclaim all warranties and conditions of any kind regarding our content and services whether express or implied unless expressly set out in these Terms of Use. We do not warrant that our content is accurate or reliable. In no circumstances are we liable for any indirect or consequential losses or damages arising in connection to your use of the Services,

10. Indemnity

You agree to indemnify and hold POPSUGAR, its licensors, parents, subsidiaries, affiliates, officers and employees harmless from all claims, demands, losses, liabilities, damage and costs (including without limitation, regulatory fines and legal fees) in connection with any breach of the Terms of Use or your breach of any law applicable to this Agreement.

11. Governing Law

These Terms of Use and any issues arising under these Terms of Use will be dealt with under the laws of New South Wales, Australia.

12. Feedback and Complaints

If you have any feedback, questions or complaints or think that any content on this site is unlawful or breaches these Terms of Use please send an email to: Popsugar@valmorgan.com.au or send correspondence to the following address:

The Editor – POPSUGAR
Val Morgan Digital
Level 50, 680 George Street