BankingDay.com terms of access and use
1.1 Email newsletter and website
1.1.2 The Banking Day email newsletter and website are operated by R&R Media Pty Ltd ATF WorkDay Media Unit Trust, ABN 54 630 575 768, trading as WorkDay Media. They provide users with news coverage, by email and online, on consumer, business and corporate banking as well as commentary on issues in institutional and investment banking.
1.1.3 If you wish to gain access to the resources offered on the Website and/or to receive the Newsletter, you will need a username and password to be issued to you by us. The username will serve to identify you in the Website and/or as the recipient of the Newsletter. Access to and use of the Website is granted to you, and if you request the Newsletter it will be emailed to you, only if and for so long as you agree with these terms and comply with our rules. If you do not comply, we may terminate your access to the Website.
1.1.5 IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A BUSINESS OR GOVERNMENT ENTITY, BY ACCEPTING THESE TERMS YOU ARE WARRANTING TO MAYFARM THAT YOU ARE AUTHORIZED BY THE BUSINESS OR GOVERNMENT ENTITY TO DO SO AND TO BIND THE BUSINESS OR GOVERNMENT ENTITY BY YOUR ACCEPTANCE OF THESE TERMS. IN THAT CASE, “YOU” BELOW REFERS TO THE BUSINESS OR GOVERNMENT ENTITY YOU REPRESENT (AND ANY SUCCESSOR ENTITY OR ASSIGNEE OF A BUSINESS).
1.1.7 To proceed to the issue of your username and password, you must agree to these rules and conditions. Do not proceed to the issue of a username and password or request the Newsletter or anything offered on the Website if you do not agree with any of these rules and conditions of access and use. If you proceed you will be taken to have agreed with these rules and conditions, and this will form a legally binding contract between you and us upon which we can rely.
1.1.8 To receive a username and record your password, you must provide accurate and complete information about yourself.
1.1.9 You need to keep your username and password information to yourself. We are entitled to treat any use of the Website by any person using your username and password as use by you or authorised by you for which you will be responsible.
1.1.10 We may exclude any users from accessing the Website or cancel their subscription to the Newsletter if they are in breach of these terms.
We may change these Terms of Access and Use every now and then. If we do, we will post a notification of the changes on the Website. If you continue to use your username and password after the change has been posted on the Website, you will be taken to have agreed to the change, and the rules and conditions as changed will become part of the contract between you and us.
1.3.1 Access to the Website and receipt of the Newsletter is for subscribers only.
1.3.2 We may refuse to accept any subscription application.
1.3.3 A single subscription entitles access to the Website and receipt of the Newsletter solely by the person subscribing, even if he or she represents a business.
1.3.4 Multiple use access is available only with a site licence which may be purchased separately by making direct contact with us.
1.3.5 UNDER NO CIRCUMSTANCES MUST ANY OF THE MATERIAL AVAILABLE ON THE WEBSITE OR IN ANY NEWSLETTER BE RESUPPLIED OR MADE AVAILABLE TO ANY OTHER PERSON BY ANY MEANS FOR ANY COMMERCIAL PURPOSE WITHOUT THE EXPRESS PERMISSION IN WRITING BEING OBTAINED FROM US IN RESPECT OF THE PROPOSED USE.
1.3.5 You will not:
(a) interfere or attempt to interfere with the proper functioning of the Website or connect to or use the Website in any way not expressly permitted by these terms;
(b) use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Website or that is in transit from or to the Website, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Website to store information about us or our licensors or other customers;
(c) intercept, examine or otherwise observe any proprietary communications protocol used by the Website, whether through the use of a network analyzer, packet sniffer or other device;
(d) use, facilitate, create, or maintain any unauthorized connection to the Website, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Website; or (2) any connection using programs, tools, or software not expressly approved by us;
(e) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the app or any software underlying the Website or website or other intellectual property used to provide the Website, or to obtain any information from the Website using any method not expressly permitted by us; or
(f) upload or transmit or attempt to upload or transmit, without our express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, “spiders”, “crawlers” or other data-mining code, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
1.4.1 Upon issuing of a subscription invoice or receipt of a subscription payment through our online payments facility, we will within five (5) working days:
(a) commence delivery of daily Newsletters to the subscriber's nominated email address; and
(b) provide to the user a username and password such that they can access all archived material on the Website.
2. Limitations of liability
2.1.1 We are not responsible for the conduct, whether online or offline, of any user of the Website or recipient of the Newsletter.
2.1.2 We cannot and do not guarantee that:
(a) the Newsletter will be delivered by a particular time on any day;
(c) your access to the Newsletter and/or the Website will be uninterrupted or secure;
(d) information found in the Website and/or in the Newsletter will be reliable, current, accurate or complete; or
(e) the Website and its server platform are free of viruses or bugs.
2.1.3 To the extent permitted by law we exclude all liability in connection with access to or use of the Website or the Newsletter and any information found in them.
2.1.4 In no event will Banking Day be liable to you or any third party for any indirect, consequential or incidental damages, including (without limiting and, to the extent necessary, expanding, the meaning of those terms) lost profits, loss of or damage to goodwill, or loss of any form of expected benefit, arising from your use of the Newsletter or the Website, your reliance on any information found on the Newsletter or on the Website or any technical failures, delays in operation or transmission or malfunctions in equipment or software.
(a) in relation to goods:
(i) the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
(ii) the repair of the goods or payment of the cost of having the goods repaired; and
(b) in relation to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again,
as in each case we may elect.
3. Email and website content
3.1.1 We own or we have licensed all copyright and other intellectual property in the content and design of the Newsletter and the Website.
3.1.2 You may make a temporary electronic copy of all or part of the website for the sole purpose of viewing it and print a copy for personal use.
3.1.3 You cannot otherwise copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or reproduce the material in the Newsletter or on the Website in whole or in part without our written approval.
3.2 Content from third parties
The Newsletter and the Website contain information provided to us from third parties. We have no control over this content and we are not responsible for it.
3.3 Links to other websites
3.3.1 The Newsletter and the Website contain links to other websites that are not our responsibility.
3.3.2 We have no control over the content of the linked websites and we are not responsible for it.
3.3.3 Inclusion of any linked website in the Newsletter or on the Website does not imply approval or endorsement of the linked website by us.
3.5 Reporting misuse
If you become aware of misuse of the Newsletter or the Website by any person, any errors in the material on the Newsletter or the Website or any difficulty in accessing or using the Newsletter or the Website, please contact us immediately by email on
4. Financial services
Nothing in the Newsletter or the Website is intended to be the provision of financial services, in particular the provision of financial product advice. We do not require and do not hold an Australian Financial Services licence. You should consider obtaining independent advice from the holder of an AFS licence before making any decisions relating to your financial circumstances.