STAR1045 FM

1.1 The Web-Site is operated by Star 1045 from its offices at Suite 12, Level 1, Building B, Fountain Corporate, 4 Ilya Ave, Erina NSW 2250. 1.2 The Web-Site must be used in accordance with the Web-Site Terms and Conditions. By using the Web-Site the User acknowledges and agrees to be bound by the Web-Site Terms and Conditions. 1.3 In these Web-Site Terms and Conditions "use" includes using any part of the Web-Site, by any means, for any purpose.

2 Disclaimer and limitation of liability

2.1 To the extent permitted by law, Star 1045 excludes all warranties and representations in relation to or in connection with the Web-Site, the Linked-Sites and the Contents, including all implied warranties of merchantability, fitness for purpose and non-infringement of intellectual property rights. If a term is implied by law into these Web-Site Terms and Conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Web-Site Terms and Conditions. However, Star 1045's liability for breach of such term will be limited, at Star 1045's option, to one or more of the following: (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.

2.2 To the extent permitted by law, Star 1045 and its officers, employees, servants, agents and Related Bodies Corporate will not be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by the User, or any Claims made by the User, as a result of the use by the User of the Web-Site or any Linked Site however caused, including without limitation, in relation to: (a) entry into, or participation in, a Star 1045 Competition via the Web-Site; * Subject to change. (b) participation in, or other use of, the Chatroom; (c) accessing or using a Linked-Site; (d) listening to Star 1045's radio broadcast; (e) use of, or reliance placed upon, the Contents; (f) a breach by the User of clause 4; and (g) the purchase, use and enjoyment of any goods or services via, over or through the Web-Site.

3 Release and Indemnity

3.1 To the extent that it is legally able to do so, the User releases and discharges Star 1045 and its officers, employees, servants, agents and Related Bodies Corporate from Claims that the User may have had, has now or may have against any of Star 1045 or its officers, employees, servants and agents for or in any way arising out of or in connection with use of the Web-Site or any Linked-Site, including without limitation, in relation to: (a) entry into, or participation in, a Star 1045 Competition via the Web-Site; (b) participation in, or other use of, the Chatroom; (c) accessing or using a Linked-Site; (d) listening to Star 1045's radio broadcast; (e) use of, or reliance placed upon, the Contents; (f) a breach by the User of clause 4; and (g) the purchase, use and enjoyment of any goods or services via, over or through the Web-Site.

3.2 To the extent that the User is unable by law to release and discharge Star 1045 or its officers, employees, servants and agents in respect of a Claim, or if for any reason the release in clause 3.1 is not effective, the User indemnifies and undertakes to keep indemnified Star 1045 and its officers, employees, servants and agents from and against all and any Claims that the User or any other person has or at any time may have against Star 1045 and or its officers, employees, servants, agents and Related Bodies Corporate for or in any way arising out of or in connection with use by the User of the Web-Site or any Linked-Site, including without limitation: (a) entry into, or participation in, a Star 1045 Competition via the Web-Site; (b) participation in, or other use of, the Chatroom; (c) accessing or using a Linked-Site; (d) listening to Star 1045's radio broadcast; (e) use of, or reliance placed upon, the Contents; (f) a breach by the User of clause 4; and (g) the purchase, use and enjoyment of any goods or services via, over or through the Web-Site.

4 User's Obligations

4.1 The User must use the Web-Site in a responsible manner at all times.

4.2 The User must not: (a) use the Web-Site or a Linked Site for any activities or post or transmit to or via the Web-Site any information or materials which breach any Laws, infringe a third party's rights, or are contrary to any relevant standard or codes; (b) use the Web-Site or a Linked Site in any way or post to or transmit to or via the Web-Site any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using or enjoying the Web-Site; (c) use the Web-Site or a Linked Site to send bulk or unsolicited electronic mail messages; (d) use the Web-Site or a Linked Site to make any fraudulent or speculative enquiries, bookings, reservations or requests; (e) use another person's name, username or password without their permission; (f) use the Web-Site or a Linked Site to post, or transmit via the Web-Site any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings; (g) tamper with, modify or do anything that interferes with the operation or integrity of the Web-Site, a Linked Site or the Contents; (h) knowingly transmit any virus, worm, trojan, disabling feature or other corrupting matter or thing to or using the Web-Site or a Linked Site; (i) reproduce, transmit or broadcast, adapt or otherwise use the whole or parts of the Web-Site, the Contents or a Linked Site without the prior written consent of Star 1045; and (j) attempt any of the above acts or cause, encourage or permit another person to do any of the above acts.

5 Copyright

The Web-Site (including its design and appearance) and the Contents are subject to copyright and protected by the laws of Australia and other countries through international treaties. All intellectual property rights are reserved to and owned by Star 1045 or its Related Bodies Corporate or, in some cases, third parties.

6 Trade Marks

6.1 Star 1045 and its Related Bodies Corporate own all rights and privileges, including all intellectual property rights, in the Trade Marks. The Trade Marks are either registered trade marks or the subject of an application for registration in Australia and may be the subject of rights in other countries.

6.2 The User may not use or apply the Trade Marks for any purpose.

7 Contacts with Third Parties

7.1 The Web-Site may contain or include Linked Sites. Star 1045 is not responsible for the contents of any Linked Sites, or any changes or updates to a Linked Site. The Linked Sites are made available by Star 1045 on the Web-Site for convenience only, and the inclusion of any Linked-Sites does not imply endorsement by Star 1045 of the site or any association with its owners or operators.

7.2 Star 1045 has not checked, and does not check, the accuracy or completeness of any information or the suitability or quality of the products and services available from the Linked-Sites. The User must make its own enquiries with the owner or operator of the Linked-Site before relying on the information or entering into a transaction in relation to those products and services. The User should check with the third party supplier whether there are additional charges and terms which may apply.

7.3 Star 1045 may receive fees and/or commissions from third parties for goods and services of third parties displayed or made available on the Web-Site or accessible through a Linked-Site. The User acknowledges and consents to Star 1045 receiving such fees and/or commissions.

8 Privacy Statement See Additional privacy statement below

8.1 Star 1045 supports the User's right to know what information will be collected about the User when using the Web-Site. Star 1045 may use internet cookies and its technology may automatically collect non-personal information and data transmitted between Star 1045's internet servers and the User's computer. This information will be used by Star 1045 to assess the Web-Site's popularity and how better to improve the features and services provided on it.

8.2 From time to time personal or confidential information about the User may be collected by Star 1045. Star 1045 will not sell or otherwise transfer that information to anyone (other than Star 1045's Related Bodies Corporate) without the User's permission. However, by providing the information, the User agree to allow Star 1045 and its Related Bodies Corporate to freely use the information for its own marketing, planning, product developments, promotional and research purposes.

8.3 This privacy statement is not intended to and does not create any contractual or other legal right in or on behalf of any party.

9 Changes to Web-Site Terms and Conditions Star 1045 may vary any of these Web-Site Terms and Conditions at any time in its absolute discretion. Star 1045 will notify Users of any variations by posting the revised Web-Site Terms and Conditions on the Web-Site. The Users continued use after notification of amendments will constitute acceptance of the variation.

10 Breach of Web-Site Terms and Conditions

If, in Star 1045's reasonable opinion, the User breaches any of these Web-Site Terms and Conditions, Star 1045 may suspend, terminate or limit the User's access to the Web-Site (on a temporary or permanent basis) and terminate the Web-Site Terms and Conditions effective immediately.

11 Jurisdiction & Choice of Law

11.1 While the Contents (including any audio transmission) may be accessed outside Australia the Web-Site is not directed to or intended to have an effect in any other place.

11.2 All matters relating to the Web-Site are governed by and are to be construed according to the laws applicable in the State of Victoria, Australia. By accessing or using the Web-Site the User irrevocably agrees and submits to the exclusive jurisdiction of the courts of New South Wales, and the courts of appeal therefrom.

12 Definitions

Unless the contrary appears, these words have the following meaning:

Chatroom means any electronic facilities made available by Star 1045 or any other person on or via the Web-Site for the purpose of enabling users to communicate via the internet.

Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature howsoever arising in respect of any loss or damage (including any direct, economic, special or consequential loss or damage), cost, expense or other claim, whether based in tort (including but not limited to negligence on the part of any person), contract, statute, equity or otherwise and whether present or future, fixed or unascertained, actual or contingent and Claims has the corresponding meaning.

Contents means the information, data, materials, images, files, text, graphics, electronic pages and audio sounds contained on or accessible from the Web-Site, and all intellectual property rights in or associated with any of the foregoing.

Law includes any requirement of any statute, rule, regulation, proclamation, ordinance or by-law, present or future, and whether state, federal or otherwise, as enacted or in force in Australia or any other place from time to time, and Laws has the corresponding meaning.

Linked-Site means any internet web-site not maintained or controlled by Star 1045 for which there is an internet address hyper-link contained on the Web-Site, and any other web-site not maintained or controlled by Star 1045 which is or may be accessed (directly or indirectly) through any web-site for which there is an internet address hyper-link contained on the Web-Site and Linked Sites has the corresponding meaning.

Additional Privacy Statement 15th March 2004

Application of this Privacy Statement

"we", "us" and "our" means dmg Radio (Australia) Pty Ltd (ABN 66 101 607 676) and its related bodies corporate and their respective officers and employees;and

"you" and "your" means any person who submits information to us

We have adopted the National Privacy Principles and developed this Privacy Statement which applies to the privacy of personal information collected by us whether through our website("Site") or by any other means

Collection and use of submitted information

By accessing and using our site or by submitting information to us, you consent to our collection, use and disclosure of information in accordance with this privacy statement.

We may collect and retain personal and other information about you ("submitted information") when (a) you send us an email; (b) you complete and submit an online form; (c) you provide us with information; or (d) a third party submits information about you to us.

It is not practicable for electronically submitted information to be provided to us anonymously. However, where appropriate it may be possible for you to use traditional means of communication to provide information to us anonymously.

The submitted information which we retain and use may include your name, email and postal address, contact details and personal or other information. You consent to our use of submitted information for our internal purposes, for direct marketing and to communicate with you regarding our products and services or the products and services of third parties or for any other reasonable purpose. You may elect not to receive such communications from us, either at the time you submit the information or at a later time. We may use submitted information to establish and use databases relating to your interests and preferences and we may use overseas service providers to store data including submitted information. To the extent necessary, you consent to our transfer of submitted information overseas for this purpose. We will not sell submitted information to third parties or intentionally disclose submitted information to third parties except to the extent that you have consented to such disclosure.

If you submit an application for employment or otherwise participate in any recruitment process undertaken by or on behalf of us, you thereby consent to (a) our use of personal information about you (including any health or other sensitive personal information) for the purposes of assessing your application for employment and (b) our retention of that information as part of our employment application records even if we do not offer you employment; and (c) our use of that information (at our discretion) in connection with other relevant employment opportunities which may arise within our organisation from time to time.

[If submitted information is provided to use in the course of our journalism activities, that information may not be subject to the National Privacy Principles and this Privacy Statement. We are exempt from complying with the National Privacy Principles in relation to our journalism activities. We are publicly committed to complying with the [relevant journalism standards] for the use of personal information in the course of journalism.]

Correction of errors and access to personal information

We will take reasonable steps to implement and maintain security precautions and endeavour to prevent unauthorised access to, disclosure or use of submitted information. However, we are unable to guarantee that unauthorised access to submitted information will not occur, either during transmission of that information or after we receive that information.

If we no longer require submitted information, we will take reasonable steps to permanently destroy or de-identify that information. You acknowledge that our back-up procedures may make it impractical to locate and destroy or de-identify copies of submitted information which are stored off-line or in a form which does not readily permit location and modification of data.

If you submit information to any other site accessed through a link from the site, the privacy principles applying to any information you submit to that site are outside our control. You should check the privacy policies of any other site before submitting information to that site.

We will take reasonable measures to ensure all personal information held about you is accurate, complete and up-to-date. We will correct any errors in the personal information which we collect about you upon receipt of written evidence from you which satisfies us that a correction is required.

We will provide you with access to your personal information on reasonable request and subject to your agreement to pay our access charges if (a) it is practicable for us to do so and we have no other reasonable grounds for refusing access, (b) the request is not frivolous or vexatious, (c) access will not have an unreasonable impact on the privacy of others, (d) the information does not relate to existing or anticipated legal proceedings (other than information accessible through the discovery process), (e) access will not reveal our intentions in relation to any negotiations with you, (f) access is not unlawful (g) denying access is not required or authorised by law, and (h) access will not prejudice any prevention,detection, investigation or prosecution of possible unlawful or improper activity.

Collection and use of cookies & clickstream data

We may use cookies. A cookie is a small amount of data that a website places on your computer when you visit it and which may be used to track the pages you have visited. We will not use cookies to identify you personally.

When you visit the site, a range of information relating to your access and use of the site is recorded (collectively called "clickstream data"). We may examine clickstream data to determine the traffic through the server as well as access levels to specific pages. No attempt will be made to identify you personally or your browsing activities from clickstream data except if we or any authority suspect that unauthorised access or use of the site has occurred or may occur or be attempted. In these circumstances, we may gather, use and disclose more extensive information than indicated above regarding access or attempted access to the site for the purposes of prevention, detection, investigation or prosecution.

If you have any concerns or questions, please contact our Privacy Officer by e-mailing ptardif@dmgradio.com.au