Effective Date: 17 February 2021
This Agreement sets forth the terms and conditions which apply to the use by you of the Tracks Media sites (as defined below) and any other subscription product or service offered for sale by Tracks Media and/or its affiliates (collectively, “Tracks Media “). The right to use any product or service offered by Tracks Media is personal to you and is not transferable to any other person or entity.
1. Definitions
The “Tracks Media sites” shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service operated by Tracks Media on the World Wide Web. The Tracks Media sites consist of information services and content provided by Tracks Media, affiliates of Tracks Media and third parties.
2. Trademarks
All trademarks appearing on the Tracks Media sites are the property of their respective owners, including, in some instances, Tracks Media.
3. Subscription Services
Tracks Media makes available to users certain online subscription services, and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any subscription service or services offered by Tracks Media on the Tracks Media sites (the “Subscription”):
3.1. Subscription Terms
3.1.1. We currently offer a number of magazine subscriptions, set to expire after the agreed term.
3.1.2. We also offer continuous subscription terms, in the instance that you are offered and accept a continuous subscription service, your Subscription will continue until Tracks Media receives notification of termination from you as described in subsection 3.3 below. In this process you authorise Tracks Media to charge the credit card or bank account, you provided during the registration process, the current fees and charges for each subsequent term according to the subscription plan chosen by you.
3.1.3. If you subscribed for a single specified term you will be notified by Tracks Media before the account designated by you lapses, after that term. You can extend your subscription at any time.
3.1.4. You are responsible for any charges associated to connecting to the Tracks Media sites, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide Tracks Media with accurate, complete and updated information as to your name and e-mail address and credit card/PayPal account information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.
3.1.5. Pricing is in Australian Dollars, includes GST and delivery to the geographic zone identified as the delivery address. If a delivery location is not shown, this means that the product is not available for delivery to that location. Savings are based on the annual cover price.
3.1.6. The price you pay is fixed at the time of ordering. It is the responsibility of the purchaser to ensure the delivery detail is correct, Tracks Media takes no responsibility for errors in the delivery address given to us when the product is to be fulfilled by us.
3.1.7. Your subscription will commence with the next available issue.
3.1.8. If as part of the subscription offer you are eligible to receive a free gift, or you win a prize, it will arrive separately from your magazine subscription. Your gift or prize will be posted to the payer of the subscription (unless otherwise stated) once the promotion has ended. Please allow 4-6 weeks for delivery.
3.1.9. Please understand that ‘tip-ons’ and gifts that may be available with non-subscriber retail copies may not be provided with print subscriber copies, at Tracks Media discretion, and will not be provided with digital editions. Tracks Media in its discretion, reserves the right to substitute the gift. The Promoter is neither responsible nor liable for any gift damaged in transit in the delivery of their gift.
3.2. Changed Terms
Tracks Media shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Tracks Media sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in subsection 3.3 below. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
3.3. Termination
3.3.1. Either you or Tracks Media may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of Tracks Media in operating the Tracks Media sites, (ii) content available through the Subscription or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice to Subscriber Services, Tracks Media, E1005 L10 97-99 Bathurst St SYDNEY NSW 2000, by e-mail sent [email protected].
3.3.2. Notice of termination will be effective upon receipt by Tracks Media. Without limiting the foregoing, Tracks Media shall have the right to immediately terminate this Agreement with respect to any user which Tracks Media, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or cancelled, no refund of any fees, including monthly membership fee, will be granted. Tracks Media in its discretion may offer a proportionate refund or a substitute product. The provisions of sections 5, 6, 7, and section 8 of the general terms of use shall survive termination of this Agreement. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by Tracks Media for any reason other than breach of this Agreement by you or termination by you in accordance with this subsection 3.3 of this Agreement in which you identify the termination as resulting from changed terms, Tracks Media shall make a pro rata refund to you.
3.4. Liability
Agree that Tracks Media and its employees and agents will not be liable in contract or tort (including negligence), equity or on any other basis to you or any other person for any loss, injury or damage arising from or as a consequence of any act or omission by Tracks Media or any person providing services through the https://subscribe.tracksmag.com.au site.
4. Card holder data and Sensitive Personal Information
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we received it
5. Products and Other Services
With respect to products and services offered for sale by Tracks Media and third parties or through the Tracks Media sites: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, PayPal account information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
6. Third Party Digital Newsstand Sales
For third party digital newsstand sales, Tracks Media accepts no funds directly from consumers and employs third party vendors to manage their own digital transactions and fulfilments. Funds for digital sales made through these third party digital newsstands remain with them, and all purchase and refund queries must be directed to the appropriate third-party vendor. Our current vendors are: Zinio.
6.1. Auto Renewing Subscriptions
All iOS subscription purchases are made using an auto-renewing subscription model. All iOS subscription purchases will automatically renew at the completion of the initial time period unless the ‘auto-renewal’ option is disabled by the purchaser within their iTunes account. If the purchaser does not disable the ‘auto-renewal’ option before the end for the initial subscription period they will automatically be charged at the original purchase price and resubscribed for the previously purchased term.
6.2. Change of Publisher
In the event of a magazine changing publisher, there will be no transfer of digital subscriptions purchased. Customers will need to contact the digital provider to secure a refund, and re-purchase through the publishers new digital offering, either with the same service or another.
7. Refund Policy
7.1 Refund Policy:
Subscriptions are non-refundable 24 hours after the time of purchase.
7.2 Cancellation Policy
You may cancel your Subscription at any time during your subscription term. If you choose to cancel your Subscription, please note that we do not issue refunds. If an error in processing was made on our part, or due to a technical error for online subscriptions, the full value of any non-delivered magazines will be refunded in full.
7.3 Suspension of Subscription
If you receive your annual subscription by post and will be away from home for an extended period of time, you may request we temporarily suspend your subscription until you return. The maximum period we can extend your subscription is three months. Just email us at [email protected].
7.4 Gift Subscription
We know many people buy subscriptions and also receive them as gifts. If you find yourself with multiple subscriptions, contact us by email at [email protected]to roll the subscriptions together and extend the length of the current subscription.
8. Tracks Media & https://subscribe.tracksmag.com.au – Digital/Print Bundling and Digital Sales
As a print subscriber you are eligible to exclusive discounted pricing to ‘bundle’ the print with a digital subscription.
- The pricing for the digital component is discounted, and only available to those purchasing a print subscription and when purchased for a minimum of a 1 year (12 month) term via the https://subscribe.tracksmag.com.au/ website.
- Existing digital subscriptions cannot be combined post-purchase.
- Entry into any prize giveaway, premium offer or competition is only available with the purchase of a print subscription element, so for a bundled subscription but not with a digital only subscription.
8.1 Refunds and conversions
- In the event that a subscriber to a bundled print and digital subscription is seeking a refund for one or other component, a calculation will be made to determine the remaining issue entitlement to either an ongoing print only or digital only subscription – please contact Subscriber Services on [email protected].
- On cancellation of the print component, the stand alone digital pricing will apply in place of the preferential bundled rate. The remaining credit held against the subscription will be divided pro rata against the standard pricing at the time to determine an entitlement to a quantity of digital only issues.
