Terms and Conditions of USE of The Beagle Weekly website.
 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.  
If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

​

License to use website

Unless otherwise stated, South Coast Beagle Pty Ltd. and/or its licensors own the intellectual property rights in the website and material on the website. 
 

South Coast Beagle Pty Ltd acknowledges that, though we try to report accurately, we cannot verify the absolute facts of everything posted. Regarding images, we either obtain permission or find ones that are believed to belong in the public domain.
 

If any stories or images that appear on the site are in violation of copyright law, please email beagleweeklynews@gmail.com and we will remove the offending information as soon as possible.

Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
 

You must not:

• republish material from this website (including republication on another website);

• sell, rent or sub-license material from the website;

• show any material from the website in public;

• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

• edit or otherwise modify any material on the website; or

• redistribute material from this website [except for content specifically and expressly made available for redistribution].
   

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website for any purposes related to marketing without South Coast Beagle’s express written consent.
 

User content (comments)

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
 

You grant to South Coast Beagle Pty Ltd. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to South Coast Beagle Pty Ltd. the right to sub-license these rights, and the right to bring an action for infringement of these rights.
 

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or South Coast Beagle Pty Ltd.or a third party (in each case under any applicable law).
 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
 

South Coast Beagle Pty Ltd. reserves the right to edit or remove any material submitted to this website, or stored on South Coast Beagle’s servers, or hosted or published upon this website.

South Coast Beagle Pty Ltd. will never wilfully disclose any personally identifiable information about our online audience to any third party whatsoever.

South Coast Beagle Pty Ltd. does not collect personally identifiable information from visitors, even that which is supplied on a voluntary basis in comments.

Some articles and comments may contain links to other sites whose information practices may be different to South Coast Beagle Pty Ltd.policy.

Visitors should consult the other sites’ privacy notices as Morning Mail has no control over information that is submitted to, or collected by, these third parties.

By using this site, you signify your agreement to the terms and conditions of South Coast Beagle Pty Ltd. Privacy Policy.

If you do not agree to these terms and conditions, please do not use the site.
 

Notwithstanding South Coast Beagle’s rights under these terms and conditions in relation to user content, South Coast Beagle Pty Ltd. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
 

No warranties 

This website is provided “as is” without any representations or warranties, express or implied.  South Coast Beagle Pty Ltd. makes no representations or warranties in relation to this website or the information and materials provided on this website.
 

Without prejudice to the generality of the foregoing paragraph, South Coast Beagle Pty Ltd. does not warrant that:

• this website will be constantly available, or available at all; or

• the information on this website is complete, true, accurate or non-misleading.
   

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal or financial matter you should consult an appropriate professional.
 

Limitations of liability

South Coast Beagle Pty Ltd. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;

• for any indirect, special or consequential loss; or

• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
   

These limitations of liability apply even if South Coast Beagle Pty Ltd. has been expressly advised of the potential loss.
 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit South Coast Beagle’s  liability in respect of any:

• death or personal injury caused by South Coast Beagle’s negligence;

• fraud or fraudulent misrepresentation on the part of South Coast Beagle or

• matter which it would be illegal or unlawful for South Coast Beagle Pty Ltd. to exclude or limit, or to attempt or purport to exclude or limit, its liability.
   

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.
 

Other parties

You accept that, as an Australian Proprietary Company limited by shares, South Coast Beagle Pty Ltd. has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against South Coast Beagle’s officers or employees in respect of any losses you suffer in connection with the website.
 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect South Coast Beagle’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as South Coast Beagle Pty Ltd.
 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
 

Indemnity

You hereby indemnify South Coast Beagle Pty Ltd. and undertake to keep South Coast Beagle Pty Ltd. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by South Coast Beagle Pty Ltd. to a third party in settlement of a claim or dispute on the advice of South Coast Beagle’s legal advisers) incurred or suffered by South Coast Beagle Pty Ltd. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions
 

Without prejudice to South Coast Beagle Pty Ltd. other rights under these terms and conditions, if you breach these terms and conditions in any way, South Coast Beagle Pty Ltd. may take such action as South Coast Beagle Pty Ltd. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
 

Variation

South Coast Beagle Pty Ltd. may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version (4/1/2017).
 

Assignment

South Coast Beagle Pty Ltd. may transfer, sub-contract or otherwise deal with South Coast Beagle Pty Ltd. rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
 

Entire agreement

These terms and conditions, together with other policies displayed on this website, constitute the entire agreement between you and South Coast Beagle Pty Ltd.in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
 

Law and jurisdiction
 

These terms and conditions will be governed by and construed in accordance with Australian law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
 

Registrations and authorisations

South Coast Beagle Pty Ltd. is a registered company with ASIC

South Coast Beagle Pty Ltd. is registered as an Australian Proprietary Company limited by shares Australian Company Number 616 613 337.

South Coast Beagle Pty Ltd. registered address is 30 Jellicoe Road, Tuross Head, NSW 2537
South Coast Beagle Pty Ltd. registered Post Office address is PO BOX 3029, Tuross Head, NSW 2537

You can contact South Coast Beagle Pty Ltd.by email to southcoastbeagle@gmail.com

This website contains a variety of copyright material.
Some of this is the intellectual property of individuals (as named), some is owned by South Coast Beagle Pty Ltd itself.
Some material is owned by others (clearly indicated) and yet other material is in the public domain.

Except for material which is unambiguously and unarguably in the public domain, only material owned by South Coast Beagle Pty Ltd, may be copied, provided that textual and graphical content are not altered and that the source is acknowledged.

South Coast Beagle Pty Ltd reserves the right to revoke that permission at any time. Permission is not given for any commercial use or sale of this material.

No other material anywhere on this website may be copied (except as legally allowed for private use and study) or further disseminated without the express and written permission of the legal holder of that copyright. Copyright © South Coast Beagle Pty Ltd.
 

All content provided on this website is for informational purposes only.  

While South Coast Beagle Pty Ltd has attempted to make the information on this website as accurate as possible, the information on this website is for personal and/or community use only and is provided in good faith without any express or implied warranty.

There is no guarantee given as to the accuracy or currency of any individual item on the website. Persons accessing the website who require confirmation of any information should contact the website.

South Coast Beagle Pty Ltd does not accept responsibility for any loss or damage occasioned by use of the information contained on the website nor from any access to the website. While South Coast Beagle Pty Ltd will make every effort to ensure the availability and integrity of its resources, it cannot guarantee that these will always be available, and/or free of any defects, including viruses.

Users should take this into account when accessing the resources. All access and use is at the risk of the user.
 

South Coast Beagle Pty Ltd  has provided hypertext links to a number of other websites as a service to users of this website. This service does not mean that South Coast Beagle Pty Ltd endorses those websites or material on them in any way. South Coast Beagle Pty Ltd is not responsible for the use of a hyperlink for which a commercial charge applies. Individual users are responsible for any charges that their use may incur.

Editorial staff undertake to follow a Beagle Code of Ethics (available on request) that has commonality with other codes and principles found in the media industry.

Regarding copyrighted material that might appear on this website:

Transcripts of Council documents or material taken from their website for the purpose of reporting news:
"exceptions to the general rule [of copyright] include situations where the creator is an employee, is commissioned to create the work, is a freelancer, or the work was created under the direction and control or first published by the Government. (Editors Note:The Government in this instance is considered, by The Beagle, to be inclusive of Local Government). "There are also a number of fair dealing exceptions to copyright infringement, including fair dealing for the purpose of criticism and review, parody and satire, research and study, and reporting the news."

"In Australia, the Copyright Act provides "fair dealing" exceptions for the limited purpose of research or study, criticism or review, parody or satire, and reporting news."
(source)

Images, when not provided by Media Releases or from contributing parties are sourced from Pixabay, from Public Domain and from Google found images that require no licence filtered by "Labled for re-use". When an image is provided by a contributing party it is republished in good faith that that party has authority or ownership or that the image is public domain.

Google map images used comply with the attribution requirements by Google

Live Traffic images comply with copyright use


Book reviews: Fair dealing for criticism or review
People can use copyright material for the purpose of criticism or review without infringing copyright, provided they acknowledge the author and title, and provided the dealing is “fair”. An example might be a book review where the reviewer is using an image of the cover for the purposes of carrying out the review. The criticism or review may relate to the work being used or to other material.

Comments to articles:
Community guidelines for comments are a place to set the tone and lay a foundation for what is acceptable.

They also provide a reference for making moderation decisions. In addition to the Code of Ethics and Principles of Publishing comments and moderation
guidelines are in place:

• Etiquette - "Be polite and stay on topic”. "No self-promotion. Civility is expected and mandatory".

• Play the issue and not the person (refer to Council rather than Council staff)

• If your comment makes claims or refers to "facts" without reference to source it might not be published.

• Expectations - "Comments are moderated for any breaches in copyright or publishing ethics. The Beagle Editor's decision to publish or not will be final"

• Privacy - “Don’t post personal information of your own or of another. It will be deleted"

• Moderation Settings - "Comments containing links and images are pre-moderated to ensure compliance with either copyright or context".

The Beagle Weekly website is also obligated to abide by the basic rules.

The following are not allowed 

1) Targeted harassment and/or encouraging others to do so
2) Spam
3) Impersonation
4) Direct threat of harm
5) Posting personally identifiable information unless the context is naming an Authority and here it remains the position and not the person
6) Inappropriate profile content
7) Hyperlinks to other webpages (unless verified by Moderator)

By submitting a comment you give permission to the Moderator to make edits, with respect to the publishing code of ethics and to your intent, that will allow your comment to be published.

The determination of the moderator to not publish your comment for any reason is final however an explanation can be requested.

The Beagle Weekly wants you to enjoy your stay here as much as possible and to do so, please abide by these guidelines:
 

Don't be a wally.
The Beagle Weekly will not tolerate any name-calling, personal attacks, implied or otherwise, or harassment of any kind. Racism, bigotry, misogyny or any other inappropriate responses will be removed.

Personal attacks against a contributor or a moderator will not be tolerated.
 

Stay on topic. If your post does not address the article or relate to it in reasonable context, your post will not be published.

Cheap One liners are not generally accepted - look at this as an  opportunity to make informed comment and not to have a conversation of he said/she said.
Try to contribute. If you disagree with a comment then clearly offer the grounds and evidence of your convictions.
 

No trolling - If you attempt to post a deliberately offensive or provocative comment with the aim of upsetting someone or eliciting an angry response from them, your post will not be published. Continue the behavior and you'll be blocked.
 

No sock puppets - If you try to circumvent a ban by returning with a sock puppet or new account, you will earn an instant ban; no warning needed.
 

And lastly - All rules are subject to change with no requirement to advise users of these comment Terms and Conditions.


Name and address supplied
 

The Beagle made the decision at its launch in November 2016 that it would respect the rights of those who requested that their name and address not be published.

In publishing a letter the content, and only the content is considered. There are many authors of letters that have strong convictions in what they write and in most part, are very well informed. Herein lies the issue. Those who write are often informed by sources that in turn rely on confidentiality. You might notice that, more often than not, opinion pieces written in The Beagle actually have information that Councillors have not been advised of. To provide the name of the author puts at risk the very network that we have, and respect, that trusts the Beagle to inform and include the community in the way it does.

The authors of those letters know the publishing rules and are careful not to bring litigation on themselves. Some authors are directly informed by Council staff and if those staff members were revealed there would be considerable consequences.

Other contributors also do not want to be castigated in the public domain as they walk down the street or be rung at midnight by someone who has taken objection to their piece. This does happen, all too often.

It was decided that, so long as The Beagle knew who the person was then the letter could be published with name and address supplied.

The Australian Journalist’s Code of Ethics states that  journalists should:

...aim to attribute information to its source. Where a source seeks anonymity, do not agree without first considering the source’s motives and any alternative attributable source. Where confidences are accepted, respect them in all circumstances.

Protection of journalists’ sources is one of the basic conditions of free press. As recognized by the European Court of Human Rights in 1966, without such protection, sources may be deterred from assisting the press in informing the public on matters of public interest.
 

I appreciate that some in the community including members of Council’s own staff might feel that The Beagle is "a disgusting council bashing publication lacking credibility" however there are also many in the community who appreciate that there are very serious issues being raised that would not normally have come to light such as several breaches by staff of the Local Government Act, breaches of the EPA Act and revelations of major decisions that have been made behind closed doors that have a social or financial impact on ratepayers yet there was little if any consultation done.

Returning to the editor’s determination to publish a letter. Letters today arrive by email and it is not possible, without face to face verification with 100 points of ID to determine if a K Mooreland of Tuross Head with the email address of 2figtreesandadog@yahoo.com.au is real or not.

We note that there are no K Moorelands in the White Pages so we are unable to contact them to verify their name or address however we respect their letter and content and publish it in good faith.

We do ask what is the relevance of the name (unless it is representative of an official body or business) to the content of the letter.

In turn the same approach is taken of the comments field where it is not compulsory for commenters to provide a real (or false) name with a real (or false) email address.

If you do not agree with the above viewpoint we suggest you stop reading the Letters and Opinions or write and advise us how you would manage the situation.