Welcome to The Sydney Morning Herald and The Sun-Herald Archives (SMH Archives).
This website is operated by John Fairfax Publications Pty Limited (ABN 33 003 357 720) of Level 19, 201 Sussex Street, Sydney, New South Wales, Australia, 2000 (Nine Entertainment).
These terms, together with the Subscription Terms if you have purchased a subscription to SMH Archives, (the Terms) constitute a legal agreement between you (You) and Nine Entertainment and govern Your use of and access to SMH Archives. By clicking on the "I agree” button at the end of these Terms, You are indicating that You are at least 18 years old and agree to be bound by these Terms.
Nine Entertainment reserves the right to modify, alter or otherwise update these Terms at any time by posting changes on line. It is your responsibility to check the Terms regularly. Your continued use of SMH Archives after any changes are made to these Terms constitutes an affirmative acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms and any modifications.
Should you object to any of these Terms or any subsequent modifications, your recourse is to immediately discontinue your use of SMH Archives.
All of the content shown or displayed on the SMH Archives website, including an article or other information, in whatever form, derived from The Sydney Morning Herald and The Sun-Herald newspapers (Information), graphics, photographic images, text and software (Content), is owned by Nine Entertainment, our licensors or other Content providers.
The Sydney Morning Herald, The Sun-Herald, the SMH logo, the Sun-Herald logo and the newspaper mastheads mentioned on the SMH Archives website are trade marks of Nine Entertainment or its related bodies corporate. Other trade marks may be displayed on the SMH Archives website from time to time and may belong to third parties.
All elements of the SMH Archives website, including the general design, layout, indexing codes, source code and Content, are protected by copyright, moral rights, trade mark and other laws relating to intellectual property rights.
Except as expressly permitted by these Terms, no portion or element of the SMH Archives website or its Content may be copied or retransmitted via any means. The SMH Archives website, its Content and all related rights remain the exclusive property of Nine Entertainment, our licensors or other Content providers.
Use of Content
You may view and print a single permanent copy of the Information for your own personal reference only. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the Information may not otherwise be used, copied, reproduced, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act 1968 (Cth)) without the prior written approval of Nine Entertainment or the appropriate licensor or other Content provider.
Without limiting the preceding paragraph, you may not use any of the text or photographs comprising the Information in a project, book, newsletter or on a website. You may not use any part of the Information to establish, maintain or provide, or assist in establishing, maintaining or providing, your own publications, library or research application, internet site or other means of distribution.
Nine Entertainment does not make any representation or warranty with respect to the use of names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in the Content. You are responsible for ensuring that all necessary rights, consents, licences or permissions that may be required are obtained prior to publication, reproduction or other use of any of the Content.
You will indemnify Nine Entertainment and hold it harmless against any liability, damage, cost or expense arising out of or in connection with any failure on Your part to obtain any necessary rights, consents, licences or permissions.
Accuracy of information
All information and material on this website is provided in good faith. It is derived from the Late Edition of every edition of The Sydney Morning Herald and The Sun-Herald between 1 January 1955 and 31 December 1990. Nine Entertainment reserves the right to omit material from the digital edition in the event that a legal liability may result from the electronic distribution of such material.
There are many technical problems associated with old newspapers and digitising microfilm. Neither Nine Entertainment nor any of its related bodies corporate makes any representation or warranty that the material in SMH Archives will be reliable or complete or that the system will be able to search for and find every word or term that may have appeared in the original newspaper.
Access to the SMH Archives website is provided on an 'as available' basis. While Nine Entertainment uses all reasonable efforts to ensure the availability of the website, neither Nine Entertainment nor any of its related bodies corporate makes any representation or warranty that Your access will be uninterrupted, error free, timely or secure.
Accuracy of information
As a condition of Your use of this website, You warrant to Nine Entertainment that You will not use this website for any purpose that is unlawful or prohibited by these terms or any other terms, conditions or notices appearing anywhere on this website. You agree to abide by all applicable laws and regulations. If Nine Entertainment determines or suspects that you have breached these Terms, Nine Entertainment may immediately suspend or terminate your access to SMH Archives.
You will indemnify Nine Entertainment and, where relevant, any licensor or other Content provider, for any loss, damage or costs suffered or incurred in connection with any breach of these conditions or any other legal obligation by You or Your use of SMH Archives or the Content or Your conduct on the SMH Archives website.
You must notify Nine Entertainment of any activity of which you become aware which infringes, or may infringe, the copyright in any Information, and must co-operate with Nine Entertainment. If there is infringement of copyright in any Information, You agree to provide assistance to Nine Entertainment as reasonably required, including being joined in any proceedings at Nine Entertainment’s expense. If Nine Entertainment takes legal proceedings at its own expense, Nine Entertainment will be entitled to retain the entire proceeds recovered in those proceedings, including any sums ordered to be due to You. Nine Entertainment will be under no obligation to take any action in the event of infringement.
Limitation of liability
Nine Entertainment and its related bodies corporate do not exclude any rights or remedies available to you under the Trade Practices Act 1974 (Cth) or any other similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise, all conditions and warranties in respect of SMH Archives and the Content that may be implied by law are excluded.
Subject to the above qualifications, you expressly agree that in no circumstances will Nine Entertainment or any of its related bodies corporate (including its directors, employees, licensors, Content providers, affiliates and other representatives) be liable to You for any damage or loss (including but not limited to any indirect or consequential loss or any loss of profits or revenues whatsoever) however caused (including, but not limited to, by the negligence of Nine Entertainment or any of its related bodies corporate) suffered or incurred by You in connection with your use of SMH Archives or the Content.
You may not assign, licence or transfer any rights granted to You or any of Your obligations under these Terms without the express written permission of Nine Entertainment.
No failure or delay by a party in exercising any right, power or remedy under these Terms shall operate as a waiver of any such right, power and/or remedy. A waiver is not valid and binding on the party granting it unless it is made in writing.
If any provision of these Terms is held to be unenforceable, that provision will be deleted to the extent necessary and the other provisions of these Terms will remain in full force and effect.
These Terms will be interpreted, construed and governed by the law of the state of New South Wales, Australia. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there, in connection with matters concerning these terms.
These Terms contain the entire agreement between you and us with respect to their subject matter and supersede all prior agreements and understandings between you and us in connection with them.