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Terms & Conditions

Legal

What’s Up Downunder

Terms & Conditions

Last updated Date: 8/12/2025 

These Terms and Conditions (“Terms”) govern your access to and use of all websites, digital platforms, subscription services, social media channels, competitions, and online services operated by The Trustee for What’s Up Down Under Australia Trust (ABN 84 229 419 472) (“we”, “us”, “our”). 
By accessing or using our platforms, you agree to these Terms. If you do not agree, you must not use our services. 

1. Who We Are

We operate as a media and digital content platform providing television, print, online, promotional, and event-based content under What’s Up Down Under. 

Our services include websites, apps, newsletters, video and TV content, social media pages, competitions, advertising services, and digital publications. 

2. Age Requirements

Our platforms and competitions are intended for individuals aged 18 years and over. 
If you are under 18, you must obtain valid parental or guardian consent before using our services. 

Some competitions or promotions may have additional eligibility requirements. See our Competition Terms & Conditions for details. 

3. Your Responsibilities

When using our platforms, you agree to: 

  • Provide accurate, current, and truthful information 
  • Use our platforms for lawful purposes only 
  • Not interfere with, disrupt, or attempt to gain unauthorised access to any systems 
  • Not scrape, extract, copy, or use automated tools (including bots and AI models) to collect or reproduce our content 
  • Not upload or share content that is illegal, defamatory, offensive, misleading, infringes IP rights, or violates privacy laws 

We may suspend, restrict, or terminate your access at any time if you breach these Terms or applicable laws. 

4. Privacy & Data Protection

We handle personal information in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). 

By using our platforms, you consent to the collection, use, and storage of your information as described in our Privacy Policy. 

We may collect: 

  • Information you provide (e.g., account details, competition entries) 
  • Analytics, cookies, advertising and tracking data 
  • Interaction data from Meta, Google, TikTok and similar platforms 

We may share information with trusted service providers and marketing partners as permitted by law. 
We do not sell personal information. 

You may request access, correction, or deletion by contacting: privacy@whatsupdownunder.com.au. 

5. Content Accuracy & Editorial Disclaimer

We aim to ensure accuracy but do not guarantee that all information is complete, current, or error-free. 
Content such as reviews, commentary, and opinions does not constitute professional advice. 

Reliance on our content is at your own risk. 

We may update or remove content at any time without notice. 

6. Third-Party Links, Advertising & Affiliate Disclosure

Our platforms may include: 

  • Links to external websites 
  • Sponsored content 
  • Paid advertisements 
  • Affiliate links 
  • Reviews involving third-party products or services 

We do not control or endorse third-party websites, products, or services. 
Any dealings with third parties are solely between you and them. 

Affiliate Disclosure: 
Some links to products or services may be affiliate links. We may earn a commission at no additional cost to you. Affiliate links and paid partnerships will be clearly disclosed as required by law. 

We are not responsible for any loss, damage, or reliance arising from third-party products, services, or information. 

7. Intellectual Property & Use of Content

All content on our platforms—including articles, videos, TV content, images, graphics, logos, designs, and software—is owned by us or licensed to us. 

You must not: 

  • Copy, reproduce, distribute, republish, or adapt our content 
  • Train, develop, or improve AI systems, models, or datasets using our content 
  • Scrape or harvest data using bots, crawlers, or automated tools 

unless permitted by law or with our express written consent. 

User-Generated Content (UGC) 

If you submit UGC (such as photos, comments, stories, reviews, or video): 

  • You grant us a worldwide, perpetual, royalty-free licence to use, reproduce, publish, adapt, edit, or distribute that content in any media. 
  • You confirm you have rights to the content and that it does not infringe third-party rights. 
  • We may remove UGC at any time if it violates these Terms or legal requirements. 

8. Accounts, Subscriptions & Payments

If you create an account or subscribe to a paid service: 

  • You must keep log-in details confidential 
  • You are responsible for all activity under your account 
  • Subscription fees must be paid in advance 
  • Fees are non-refundable except as required by Australian Consumer Law 

We may update pricing or features with reasonable notice. 

9. Consumer Rights Under Australian Consumer Law (ACL)

Nothing in these Terms excludes, restricts, or modifies the consumer guarantees under the Australian Consumer Law. 

If our services fail to meet a consumer guarantee, you may be entitled to: 

  • A repair, replacement, or re-supply 
  • A refund or compensation for major failures 

Where legally permitted, our liability is limited to: 

  1. re-supplying the services; or 
  2. paying the cost of having the services re-supplied. 

10. Limitation of Liability

To the fullest extent allowed by law: 

  • We are not liable for any indirect, incidental, consequential, or punitive damages 
  • We are not liable for loss arising from: 
  • your reliance on content 
  • third-party products or services 
  • interruptions, technical issues, or website errors 
  • user-generated content 
  • actions of advertisers, sponsors, or affiliates 

This clause does not limit your rights under the Australian Consumer Law. 

11. Indemnity

You agree to indemnify and hold us harmless from any claim, damage, liability, or expense (including legal costs) arising from: 

  • Your breach of these Terms 
  • Your use of our platforms 
  • Your infringement of another person’s rights 

12. Dispute Resolution

Before commencing legal action, you agree to: 

  1. Contact us at privacy@whatsupdownunder.com.au 
  1. Allow us 30 days to respond 
  1. Attempt to resolve the issue in good faith 

If unresolved, disputes will be handled under Victorian law (see below). 

13. Governing Law

These Terms are governed by the laws of Victoria, Australia. 
You agree to the exclusive jurisdiction of the courts of Victoria. 

14. Changes to These Terms

We may update these Terms at any time. 
Updated Terms take effect when published on our website. 
Continued use of our platforms means you accept the updated Terms. 

15. Contact Us

The Trustee for What’s Up Down Under Australia Trust 
Email: privacy@whatsupdownunder.com.au 
Address: JB Group Pakenham, 57 Commercial Dr, Pakenham