Terms and Conditions

TERMS & CONDITIONS

DEFINITIONS

In these terms, conditions and privacy policy; “Cosmos”, “Cosmos Magazine”, “Cosmos Media", "we" or "us" means Cosmos Media Pty Limited, publisher of Cosmos Magazine. "Subscriber", "Customer" or "You" means a person who is a subscriber to Cosmos Magazine, which includes print or Digital Subscription, or Cosmos for Schools. A “Print Subscription” means a paid subscription of Cosmos Magazine hard copy product. A “Digital Subscription” means a paid subscription which enables a user to access the Cosmos website and digital magazine replicas. “Cosmos for Schools” means a paid school subscription, including five Print Subscriptions of Cosmos Magazine, access to the Cosmos website and digital magazine replicas. “Gift Subscription” refers to subscription packages to Cosmos print and digital, with a term of twelve months commencing on the date of redemption by the gift recipient, and are restricted to the subscription package type chosen by the person who purchases the Gift Subscription.

SECTION 1 - CUSTOMER SERVICE ENQUIRES

Within Australia, call 1300 797 763; internationally call +61 3 9829 0407, or email subscribe@cosmosmagazine.com

SECTION 2 - INCLUSIONS

Paid 2-year subscriptions (new and renewing) may be eligible to receive a free gift, while stocks last, which will be mailed to the payer’s address, unless otherwise specified. Please allow up to 60 days for delivery of the free gift, separately to the magazine. COSMOS gifts have a 1-year warranty and are for Australian residents only. Values of gifts are in Australian dollars (AUD), including Goods and Services Tax (GST) but exclude delivery fees unless otherwise stated.
 
Print Subscritptions come with free sign-up to 'This Week in Cosmos' weekly email and a Digital Subscription which includes access to all content at www.cosmosmagazine.com. This is subject to change at the publisher’s discretion.

SECTION 3 - PRICING AND PAYMENTS

Subscription prices are in AUD (including GST) unless otherwise stated. While Australian GST is removed from all international orders, please be aware that your order may be subject to local Customs duties and/or local taxes in the country of destination and these must be borne by you. Foreign currency pricing is updated at the beginning of each month to reflect exchange rates. Your payment details must be verified before your subscription can be activated unless arranged otherwise. If payment is not received, your subscription may be suspended or terminated. We reserve the right to reject any subscription order at any time. 
 
It is your responsibility to ensure that the credit card details you have provided are valid. If no payment is received after 30 days your subscription will be automatically suspended, following 30 days of suspension without payment your subscription will be cancelled. You agree to pay the price of your subscription which will be stated clearly at the time of your order. You also agree to the billing frequency stated at the time of your order if auto renew has been selected in your online account settings. Digital subscriptions which are set to auto renew will automatically  be charged each month to the active credit card on your account unless you deselect the auto renew option in your online account settings or cancel your subscription by notifying us. All charges, other than specified in the Cancellation policy, are non-refundable.
 
By acquiring, redeeming or using a Cosmos Gift Subscription, you also agree to these Terms & Conditions. It is the responsibility of the gift purchaser to ensure that the gift recipient’s email address, name and details of the gift are correct at the time of purchase. Gift recipients must provide their address details on gift redemption in order receive Cosmos Magazine print editions. Gift subscriptions may be transferred to another recipient from your online account settings. Recipients of Gift Subscriptions may also take ownership of their subscription through their online account settings. Gift Subscriptions are non refundable.

Cosmos Media reserves the right to change the prices and fees at any time. We will provide you with 30 days notice if the regular rate of a Digital Subscription changes from what was stated at the time of your order. Promotion and discount eligibility is determined at the time of order. If you have purchased your subscription through a third party, these Terms and Conditions may not apply.

SECTION 4 - SHIPPING AND DELIVERY

Subscription start date is listed in the product description. Subscribers will receive the next available issue, which may take up to 8 weeks for delivery. Shipping is by surface mail throughout Australia and sea mail overseas. The delivery of overseas orders is reliant on overseas postal services and we cannot be responsible for items lost by overseas postal services. Online orders from high risk credit countries (as determined by COSMOS Media) can take up to 6 months for delivery. If you do not receive your copy as expected, or have any questions regarding your order, please email subscribe@cosmosmagazine.com

SECTION 5 - SUBSCRIPTION REFUNDS/CANCELLATIONS

If you wish to cancel a Print Subscription before the end of the subscription term, simply notify us and we will send you a refund for the issues remaining on the subscription which have not been dispatched, minus a cancellation fee of $15. Please phone +61 3 9829 0407 or send an email to subscribe@cosmosmagazine.com requesting to cancel your subscription.
 
Digital Subscriptions are non refundable. Login details, which include usernames and passwords, for single user Digital Subscriptions or Print and Digital Subscriptions must not be shared. If misuse is detected your subscription may be terminated and you will not be eligible for a refund.
 
Site licences (as part of education subscriptions) which utilise a unique url must not be shared outside of the institution which holds that subscription. Unique urls must not be made available publicly such as via an externally accessable institution portal page. Insititutions found to be sharing their unique access to Cosmos Magazine's website will be contacted and potentially have their subscription terminated.
 
We may extend your Print Subscription pro-rata if we are at fault in failing to deliver you an issue of the print magazine. For subscriptions cancellations arising out of the transfer of a subscription held in an alternative publication, no refund is available, if the transferred subscription is cancelled before the end of its term. Gifts offered with subscriptions are non refundable
 
If you receive a magazine that is damaged or faulty please contact Cosmos Media within 30 days to arrange a replacement of that issue.

SECTION 6 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 7 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 8 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is neither accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 9 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 10 - PRODUCTS, SERVICES AND SUBSCRIPTIONS

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. The number of users permitted to use the Cosmos digital access is one (1) for single-user Digital or Print and Digital subscriptions, and unlimited for Cosmos for Shools or Cosmos Libraries concurrent-user subscriptions. 
 
A single user Digital subscription is accessible to you on a concurrent user basis. You must purchase one (1) Digital subscription (or one (1) Print and Digital subscription) for each user that may use or access the Cosmos Digital subscription at any one time. If the number of users who may access or use the Cosmos digital subscription at any one time exceeds the number of Digital subscriptions you have purchased, then you must contact Cosmos to purchase additional Digital subscriptions or subscribe to a Cosmos product which offers unlimited digital access. You may not utilize your Digital subscription to provide hosting or establish connections for other users or organizations. At no time can there be more than one Digital subscriber accessing a single user Digital Subscription or share their Cosmos login details with other users or organizations.
 
An unlimited Digital subscription, such as Cosmos for Schools or Cosmos Libraries, permits the subscribing organization to access the Cosmos Digital subscription on an unlimited use basis. Unlimited Digital subscriptions permit the use of; the organization who owns the subscription, employees of the organization, students who attend the organization or the organizations library visitors. You may not utilize your unlimited Digital subscription to provide hosting or establish connections for users or organizations not working directly on behalf of the organization. At no time can there be more than one subscription owner for this subscription, or can the subscription be shared by another organization or campus.
 
At no time can a single user Cosmos Digital subscription, or an unlimited Digital subscription be used to download and store Cosmos Magazine issues or Cosmos website content for the purpose of sharing with users not permitted within the subscription Terms and Conditions. Cosmos Media reserves the right to suspend or terminate the account of a subscriber in breach of these Terms and Conditions.

SECTION 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
 
You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address, postal address, billing address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

SECTION 12 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 13 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 15 - PERSONAL INFORMATION

Your submission of personal information through the online store is governed by our Privacy Policy. To view our Privacy Policy, visit at www.cosmosmagazine.com/privacy/

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 17 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. Cosmos reserves the right to modify the content, inclusions, type and availability of any digital or print product at any time. We reserve the right under special circumstances to enable free access to our subscriber content for a limited period of time. During this time subscribers will not be eligible for a refund. If any or all of our digital products are temporarily unavailable, you will not automatically be entitled to receive a refund. We reserve the right to issues refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
 
In no case shall Cosmos Media, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cosmos Media and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 20 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 22 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, Communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria, Australia.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - TERMS AND CONDITIONS CONTACT INFORMATION

Questions about the Cosmos Media Terms and Conditions should be sent to us at subscribe@cosmosmagazine.com.