Terms of use

Revised and posted as of: 4 October 2023

Forbes.com.au and other Forbes Australia websites (collectively, the “Website”) are digital services owned and operated by Success Publishing Pty Ltd (“Forbes Australia,” “our,” or “we”). Forbes Australia is dedicated to providing visitors to the Website with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms of Service (“Terms”) to govern your use of the Website as well as your use of or interaction with any other Forbes Australia owned or operated digital service or channel, including without limitation our mobile site, mobile applications, digital membership products, print or online magazine subscription(s), events, and social media and other channels (e.g., Forbes Australia’ profiles and Content on social media platforms; newsletters; emails) (“Forbes Australia Channels”). We, along with our affiliates, partners, and advertisers, provide content and services to you via the Website and Forbes Australia Channels subject to the following conditions. Your use of the Website and/or Forbes Australia Channels tells us you have read and agreed to these Terms. Please read them carefully. These Terms are a binding contract between you and Forbes Australia regarding your use of the Website and Forbes Australia Channels, unless a different set of terms of service is set out on a specific site or channel, in which case these Terms will supplement the applicable set of terms of service. Forbes Australia surveys, contests, and sweepstakes may have additional terms and conditions that supplement these Terms. If you do not agree with any of these terms, please stop using the Website and cease use of any Forbes Australia Channels.

The Website and Forbes Australia Channels are not meant for or targeted to anyone under the age of 16, and you must be at least 16 years of age or over to use the Website or Forbes Australia Channels. Your parent or guardian must review and accept these Terms on your behalf if you are below the age of consent under your location’s applicable law.

To learn how Forbes Australia collects, processes, and shares personal information, please consult Forbes Australia’ Privacy Policy.

The Content

1.1

All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website or Forbes Australia Channels, including for example, advertising, directories, lists, guides, articles, opinions, reviews, text, photographs, images, illustrations, graphics, audio, video, html, source and object code, software, data, and all the selection and arrangement of the aforementioned and the “look and feel” of this Website and Forbes Australia Channels (collectively, the “Content”), are protected under applicable copyrights and other proprietary rights and are the intellectual property of Forbes Australia and its affiliated companies, licensors and suppliers. Forbes Australia actively protects its rights to the Content to the fullest extent of the law. You may not use the Content except as expressly provided in these Terms.

1.2

The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by Forbes Australia, and Marks owned by other information providers and third parties. For example, “Forbes Australia” is a registered trademark of Forbes Australia. No Marks may be used in any manner unless approved in advance, in writing by Forbes Australia.

1.3

You may use the Website, Forbes Australia Channels, and Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content, where permitted, for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted without securing the prior written consent of Forbes Australia.

1.4

Requests to use the Content for any purpose other than as permitted in this Section 1 should be submitted as directed on the Website or Forbes Australia Channels, as applicable.

1.5

Access to Content on the Website is possible, in part, due to the paid advertising that appears on the Website. In exchange for your access to this Content, and except where contrary to applicable law, you agree that you will not, and will not permit any third party to, remove, obstruct, modify, or otherwise interfere with the delivery or display of advertisements on the Website.

1.6

Forbes Australia respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact our designated copyright agent, in writing, either by email at copyright@forbes.com.au or by regular mail at Forbes Australia Media LLC, 499 Washington Blvd., Jersey City, NJ 07310, USA, Attn: Legal Department, Copyright Agent, DMCA Complaints, and provide the designated copyright agent with the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material;
Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Forbes Australia will terminate the account of any user that is determined to be a repeat copyright infringer.

Prohibited Uses of Website and Forbes Australia Channels

2.1

By accessing or using the Website and/or Forbes Australia Channels, including any Content, you agree to use them only as expressly permitted by these Terms. Unless you have Forbes Australia’ prior written permission, you shall not:

Alter, copy, rearrange, broadcast, rewrite, redistribute, transfer, sell, republish, modify, use for broadcast or publication in any medium, directly or indirectly, any Forbes Australia intellectual property, Content or any other part of the Website or Forbes Australia Channels;
Remove, suppress, or alter the display of advertising, except where applicable law expressly grants such rights;
Frame or utilize framing techniques that involve any trademark, logo, copyrighted material, or other proprietary information (including images, text, page layouts, or forms) of any portion of the Website or Forbes Australia Channels;
Archive, cache, store, or incorporate into a database any Content or any other part of the Website or Forbes Australia Channels;
Decompile, reverse engineer, decrypt, disassemble, or circumvent any aspect of the Website or Forbes Australia Channels;
Insert or introduce any malicious or otherwise unauthorized code, device, or means, or take any action that may impose an unreasonable or disproportionately large load on our infrastructure;
Use any data mining, robot, spider, cancelbot, Trojan horse, or any data gathering, scraping, indexing, or extraction method on any part of the Website or Forbes Australia Channels;
Use the Website or Forbes Australia Channels in a manner that violates applicable laws or regulations or violates the rights of a third party; or
Violate any of these Terms, including without limitation the Posting Rules below.

Account Registration

3.1

Certain areas of the Website or Forbes Australia Channels may require account registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional. However, if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Website or Forbes Australia Channels. When you register or become a member of the Website or Forbes Australia Channels or provide information to the Website or Forbes Australia Channels in any other manner, you agree to provide only true, accurate, current, and complete information. Using a name other than your own legal name or otherwise impersonating another person is prohibited. You agree that Forbes Australia may use the information you provide to us according to its Privacy Policy.

3.2

If you create an account with the Website or Forbes Australia Channels, you agree to accept responsibility for all activities that occur under your account or password and agree that you will not sell, transfer, or assign your account or any account rights. Each registration or account is for a single user only. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Website or Forbes Australia Channels using your credentials. Forbes Australia reserves the right to terminate your account and/or deny access to the Website or Forbes Australia Channels to any person Forbes Australia suspects has violated or is violating these Terms.

3.3

Website or applicable Forbes Australia Channel accounts may sometimes be provided through another party, for instance, an institution of higher learning where you are a student. In such circumstances, information about you necessary to provide you with an account—like your school email address—may have been provided to us by that third party.

User-Generated Content: Comments and Other Submissions

5.1

The interactive areas of the Website and Forbes Australia Channels are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information, sometimes with one another, and sometimes directly with Forbes Australia. To protect your safety, please use your best judgment when submitting information to the Website and Forbes Australia Channels. We particularly discourage divulging personal phone numbers, addresses, or other personal or personally identifiable information in public areas of the Website and Forbes Australia Channels. Forbes Australia reserves the right to delete, move, or edit any Post (as defined below) at any time, for any reason, but Forbes Australia has no obligation to review or remove any such content. Forbes Australia does not endorse any information or user view communicated in such public areas by the users of the Website or Forbes Australia Channels.

5.2

The Website and Forbes Australia Channels may also offer areas for you to provide Forbes Australia and its affiliates and related entities your feedback and opinions (e.g., a Website user survey), some of which may have additional terms that supplement these Terms. If you respond to a survey or provide feedback, you do so voluntarily, and you agree to abide by these Terms and acknowledge that Forbes Australia will process the information you provide in accordance with its Privacy Policy. Forbes Australia, in its sole discretion, will be free to use (or not use) any feedback or suggestion provided, and you will not be entitled to any compensation, nor will Forbes Australia have any obligation towards you.

5.3

By storing, submitting, posting, uploading, creating, communicating, responding with, or placing any content on or to the Website or Forbes Australia Channels (collectively, “Post” or “Posting”), you represent and warrant that: (a) you own or otherwise have all necessary rights and permissions to the content that you Post; (b) the content you Post is accurate and does not violate applicable law, these Terms, or another person’s or entity’s rights; (c) you will not use automated means to Post or distribute content; and (d) the content you Post will not cause injury to any person or entity, nor cause Forbes Australia to violate the rights of any third party. You are solely responsible for your Posts and your access to and interactions with Content and others’ Posts. You recognize that storing, transmitting, distributing, or transmitting content, material, or information that is unlawful or otherwise in violation of these Terms may expose you to criminal and/or civil liability.

5.4

By Posting content to the Website or Forbes Australia Channels, you grant Forbes Australia and its affiliates and related entities a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable, non-exclusive right and license to (and permit others to) use, copy, modify, relocate, display, archive, store, distribute, reproduce, and create derivative works from and otherwise exploit all content you Post to the Website or Forbes Australia Channels, including your name and other biographical information contained in the content you Post, in any form, media, software, or technology of any kind, whether now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Forbes Australia to include the information you Post in a searchable format that may be accessed by other users. The rights and licenses granted in this paragraph also include any material, information, ideas, concepts, know-how, or techniques contained in any Post. All rights granted in this paragraph may be enjoyed and exploited without providing you compensation or attribution of any sort.

5.5

Please note that Forbes Australia does not accept unsolicited materials or ideas for use or publication. Forbes Australia is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Forbes Australia.

Posting Rules

Interactive areas of the Website and Forbes Australia Channels are intended to encourage active and thoughtful public discussion and/or provide a way for you to share your opinions. We expect opinions to differ. By using areas of the Website and Forbes Australia Channels that allow for public discourse, you are participating in a community that is intended for all our users. We reserve the right to remove any content Posted on the Website or Forbes Australia Channels at any time for any reason without notice. Decisions as to whether content violates any of Forbes Australia’ posting rules will be made by Forbes Australia in its discretion after we have actual notice of such posting. Without limiting our right to remove any content, you shall not Post content to the Website or Forbes Australia Channels that:

Contains unlawful, vulgar, profane, obscene, pornographic, abusive, violent, threatening, or hateful language or content, or otherwise attacks other users or depicts nudity or contains sexually explicit content;
Discriminates on the basis of race, ethnicity, national origin, religion, sex, gender, gender identity, age, disability, and/or marital status;
Is defamatory, libelous, deceptive, fraudulent, inaccurate, incoherent, or contains gross exaggerations or unsubstantiated claims;
Violates any right of Forbes Australia or any third party, including privacy and intellectual property rights (for example, Posting copyrighted material without the express permission of the owner);
Violates any law, rule, regulation, or ordinance, or attempts to encourage or promote the evasion or violation of such;
Unfairly interferes with another’s uninterrupted use and enjoyment of the Website or Forbes Australia Channels;
Advertises, promotes, or offers to trade any good or service, except in areas specifically designated for such purposes;
Discloses, uses, or attempts to use another’s account, password, service, or system, except as expressly permitted by these Terms;
Contains, introduces, or transmits viruses, malware, ransomware, or other malicious code, means, or devices; or otherwise disrupts or interferes with the security of the Website, or any service, system resource, account, credential, password, server, or network connected to or accessible through the Website, Forbes Australia Channels, or affiliated or linked sites;
Spams an individual or entity by repeatedly responding to their Posts or sending them repeated messages; or duplicates a prior Post under multiple threads or subjects;
Disguises the origin of the Post or is otherwise designed to impersonate another person or entity; or
Collects or stores other users’ personal information or discloses personal, sensitive, or account log-in information of another person.

Certain violations of these rules may be referred to law enforcement authorities. Forbes Australia reserves the right to disclose any information as necessary to satisfy any law, regulation, or governmental request.

Website Security Rules

7.1

You are prohibited from violating or attempting to violate the security of the Website or Forbes Australia Channels, including without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization, (c) attempting to interfere with any service to any user, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “mailbombing,” or “crashing,” (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting, or (d) scraping or otherwise collecting data or information through automated means. Violations of system or network security may result in civil or criminal liability. Forbes Australia will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

Third Parties

8.1

Your dealings or communications through the Website and Forbes Australia Channels with any party other than Forbes Australia are solely between you and that third party. For example, certain areas of the Website and Forbes Australia Channels may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Forbes Australia be liable for any goods, services, resources, or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns, or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

8.2

Forbes Australia may sometimes engage in affiliate marketing, embedding affiliate links into certain pages of our Website or Forbes Australia Channels. Forbes Australia will provide notice when it embeds such affiliate links. Clicking on or purchasing products or services through affiliate links may result in Forbes Australia earning a commission. Any purchase you make through an affiliate link is made directly with those third parties, not Forbes Australia, and these third parties often have their own terms and conditions and Privacy Policies, which Forbes Australia encourages you to review. Forbes Australia is not responsible for evaluating any offer made by these third parties; Forbes Australia makes no warranty about these third parties or offerings; and Forbes Australia does not assume any liability for any act, omission, product, or service of these third parties.

Software Available On This Website

9.1

Any software that is made available to download from the Website or Forbes Australia Channels (“Software”) is the copyrighted work of Forbes Australia’ suppliers, unless otherwise indicated. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement’s terms. Any such Software is not available to users in territories where its distribution is prohibited by law.

International Users

10.1

The Website and certain Forbes Australia Channels are controlled, operated, and administered by Forbes Australia from its offices within the United States. Forbes Australia makes no representation that materials or Content available through the Website or Forbes Australia Channels are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Website or Forbes Australia Channels or export the Content in violation of U.S. export laws and regulations. If you access the Website or Forbes Australia Channels from a location outside the United States, you are responsible for compliance with all local laws.

E-Mail Addresses

11.1

You hereby acknowledge and agree that any notice or disclosure Forbes Australia sends to the email address you provide to us satisfies any requirement that such notice, disclosure, or communication be provided in writing.

Modification

12.1

Forbes Australia shall have the right, at its discretion, to change, modify, add, or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website or Forbes Australia Channels shall constitute your acceptance of any changes. Forbes Australia shall have the right at any time to change or discontinue any aspect of the Website or Forbes Australia Channels, including, but not limited to, the community areas, Content, hours of availability, and equipment needed for access to use. Such changes, modifications, additions, or deletions shall be effective immediately upon posting, and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications, or deletions. Forbes Australia may also restrict your access to certain portions of the Website or Forbes Australia Channels for any reason and without providing any notice. Forbes Australia may at any time charge a fee or require a subscription to access portions of the Website or Forbes Australia Channels.

Notice of Availability of Filtering Software

13.1

You should know that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found here (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

Disclaimer

14.1

YOUR USE OF THE WEBSITE, FORBES AUSTRALIA CHANNELS, AND ITS CONTENTS IS AT YOUR OWN RISK. ALL MATERIALS AND SERVICES ON THE WEBSITE, FORBES AUSTRALIA CHANNELS, AND ANY THIRD-PARTY SITES TO WHICH THE FOREGOING LINKS ARE PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. FORBES AUSTRALIA IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WEBSITE OR FORBES AUSTRALIA CHANNELS. BECAUSE FORBES AUSTRALIA HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT FORBES AUSTRALIA IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT FORBES AUSTRALIA DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT FORBES AUSTRALIA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES. THE CONTENT PUBLISHED ON THE WEBSITE OR FORBES AUSTRALIA CHANNELS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE AND FORBES AUSTRALIA CHANNELS. FORBES AUSTRALIA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE OR FORBES AUSTRALIA CHANNELS AT ANY TIME INCLUDING CHANGES TO THESE TERMS. THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE. FORBES AUSTRALIA EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. FORBES AUSTRALIA ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. FORBES AUSTRALIA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE OR FORBES AUSTRALIA CHANNELS, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE OR FORBES AUSTRALIA CHANNELS AND/OR THE CONTENT CONTAINED THEREIN. FORBES AUSTRALIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USER’S COMPUTER AND OTHER EQUIPMENT. NO CONTENT OR PART OF THE WEBSITE OR FORBES AUSTRALIA CHANNELS SHOULD BE RELIED ON AS A REPLACEMENT OR SUBSTITUTE FOR OR BE CONSTRUED TO BE FINANCIAL, MEDICAL, TAX, OR LEGAL ADVICE. FORBES AUSTRALIA IS NOT AN INVESTMENT ADVISOR, REGISTERED BROKER-DEALER, OR EXCHANGE, AND NOTHING IN THE WEBSITE OR OTHER CHANNELS SHOULD BE CONSTRUED AS INVESTMENT ADVICE, RESEARCH OR INVESTMENT ADVISORY SERVICES. NO PART OF THE WEBSITE OR FORBES AUSTRALIA CHANNELS CONSTITUTES A SOLICITATION, OFFER, OPINION, ENDORSEMENT, OR RECOMMENDATION BY FORBES AUSTRALIA TO BUY OR SELL ANY SECURITY OR ANY SERVICE REGARDING THE PROFITABILITY OR SUITABILITY OF ANY SECURITY OR INVESTMENT.

Indemnity/Limitation of Liability

15.1

AS A CONDITION OF USE OF THIS WEBSITE AND ANY FORBES AUSTRALIA CHANNELS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, FORBES AUSTRALIA AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE WEBSITE OR ANY FORBES AUSTRALIA CHANNELS; (B) FORBES AUSTRALIA’ USE OF ANY CONTENT OR INFORMATION YOU PROVIDE OR POST; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS BY YOU. If you are dissatisfied with any Forbes Australia material, or with any of Forbes Australia’ Terms, your sole and exclusive remedy is to discontinue using the Website or Forbes Australia Channels, as applicable.

15.2

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FORBES AUSTRALIA, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM: (A) THE USE OF, OR THE INABILITY TO USE, THE CONTENT, WEBSITE, OR FORBES AUSTRALIA CHANNELS; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT, THE WEBSITE, OR FORBES AUSTRALIA CHANNELS; OR (C) ANY ERRORS OR OMISSIONS IN THE CONTENT, WEBSITE, OR FORBES AUSTRALIA CHANNELS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FORBES AUSTRALIA IS NOT LIABLE FOR ANY CONDUCT OF ANY USER.

General

16.1

These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website and Forbes Australia Channels; provided, however, that in the event of a conflict between such other terms and the terms of these Terms, the terms of these Terms shall control except where expressly stated otherwise. Notwithstanding the previous sentence, nothing contained in these Terms shall take precedent over Forbes Australia’ Privacy Policy.

16.2

These Terms have been made in and shall be construed and enforced in accordance with the laws of the State of New York, without giving any regard to its conflict of law principles. Any action to enforce this agreement shall be brought and in and you agree to submit to the exclusive jurisdiction of the federal or state courts located in the State of New York, in the Southern District of New York. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of Forbes Australia to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to Forbes Australia, and all other provisions for which survival is equitable or appropriate. Forbes Australia may assign its rights and duties under these Terms to any party at any time without notice to you.

Service Contact

17.1

Contact web.admin@forbes.com.au with questions or problems with the Website.