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Vision Asia Terms of Use
| 1. | ACCEPTANCE OF TERMS |
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This website is operated by Vision Asia Pty Limited ACN 092 739 547 and Vision Asia (NZ) Limited (together "Vision Asia"). Your access to, and use of, the website is subject to your acceptance, without modification, of the following terms and conditions ("Terms"), which may be updated by us from time to time without notice to you. When using certain Vision Asia owned or operated websites or services, you will be subject to any posted notices, guidelines or rules applicable to such websites or services from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. Vision Asia may also offer other services that are governed by different Terms which will be provided to you at the relevant time. The information contained on the website constitutes an invitation to treat by Vision Asia and is not capable of acceptance by you. Any request for services or application from completed by you shall be deemed to be an offer made by you to purchase the relevant goods or services subject to these conditions. |
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| 2. | YOUR OBLIGATIONS | ||||||||||||||||||
In consideration of your use of the website, you represent and warrant that: |
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Vision Asia retains the right at its sole discretion to deny access to anyone to the website and the services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms. |
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| If you register for use of the website or any services contained on the website you must: | |||||||||||||||||||
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| 3. | YOUR ACCOUNT, PASSWORD AND SECURITY | ||||||||||||||||||
You may receive a password and account designation upon completing the website's registration process (if any). You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. |
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| 4. | YOUR CONDUCT | ||||||||||||||||||
You, and not Vision Asia, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the website. Vision Asia does not control the content posted via the website and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Vision Asia be liable in any way for any content, 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 any content posted, emailed, transmitted or otherwise made available via the website. |
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You acknowledge that Vision Asia may or may not pre-screen content, but that Vision Asia and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any content that is available via the website. |
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You agree to not use the website to upload, post, email, transmit or otherwise make available: |
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| You must not do, or cause to be done, anything that: | |||||||||||||||||||
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In addition, you agree not to: |
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| 5. | VISION ASIA PRIVACY POLICY | ||||||||||||||||||
Personal information about you that we collect or which you otherwise provide to us is subject to our Privacy Policy. You understand that through your use of the website you consent to the collection and use of this information as described in the Privacy Policy, including the transfer of this information to other countries for storage, processing and use by Vision Asia and its affiliates. |
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| 6. | INTERNATIONAL DATA FLOWS | ||||||||||||||||||
When you register with Vision Asia, you acknowledge that in using Vision Asia services to send electronic communications (including but not limited to email, search queries, sending messages to Vision Asia websites and other Internet activities), you will be causing communications to be sent through Vision Asia's computer networks, portions of which are located in other countries. By agreeing to this Terms of Use, you acknowledge that use of the website results in international data transmissions. |
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| 7. | CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE WEBSITE | ||||||||||||||||||
By submitting content to Vision Asia, including any reviews, questions, suggestions, comments, ideas or the like contained in any submissions (collectively, "Submissions") you grant Vision Asia a universal, non-exclusive, royalty free, perpetual, transferable, sub-licensable and irrevocable right to: |
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By submitting ideas, suggestions, documents, and/or proposals to Vision Asia through its suggestion or feedback webpages, you acknowledge and agree that: |
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| 8. | DISCLAIMER OF WARRANTIES | ||||||||||||||||||
To the maximum extent permitted by law, Vision Asia and its respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Vision Asia. All such information, software, products, and services are provided "as is" without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. |
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| Vision Asia and its subsidiaries, affiliates, officers, employees, agents, partners and suppliers make no warranty that: | |||||||||||||||||||
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Any material downloaded or otherwise obtained through the use of the website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. |
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| 9. | LIMITATION OF LIABILITY | ||||||||||||||||||
To the extent permitted by law, you expressly understand and agree that Vision Asia and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Vision Asia has been advised of the possibility of such damages), resulting from: |
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If, despite the limitation above, Vision Asia or its suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then to the maximum extent permitted by law, the liability of Vision Asia and/or its suppliers will not exceed, in the aggregate, the lesser of: |
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| The foregoing limitation on liability does not affect legal rights that cannot be excluded under applicable law. | |||||||||||||||||||
| 10. | INDEMNITY | ||||||||||||||||||
You agree to defend and indemnify and hold Vision Asia and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: |
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| 11. | LINKS TO THIRD PARTY SITES | ||||||||||||||||||
The website may provide, or third parties may provide, links to other websites or resources. Because Vision Asia has no control over such sites and resources, you acknowledge and agree that Vision Asia is not responsible for the availability or content of such external sites or resources. The inclusion of hyperlinks to other websites or resources does not imply any association with the operators of such websites or resources. Vision Asia does not endorse and is not responsible or liable for any privacy practices, content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Vision Asia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, other material, goods or services available on or through any such website or resource. |
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| 12. | SOFTWARE AVAILABLE ON WEBSITE | ||||||||||||||||||
| Any software that is made available to download from the website is the copyrighted work of Vision Asia or its suppliers. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not install, copy or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. | |||||||||||||||||||
| 13. | COPYRIGHT AND TRADEMARK INFORMATION | ||||||||||||||||||
All contents of the website are © 2010 Vision Asia. All rights reserved. Vision Asia, and the television logo are either registered trade marks or trade marks of Vision Asia in Australia, New Zealand, and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. |
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| 14. | GENERAL INFORMATION | ||||||||||||||||||
The Terms and the relationship between you and Vision Asia shall be governed by the laws of New South Wales without regard to its conflict of law provisions. You and Vision Asia agree to submit to the personal and exclusive jurisdiction of the courts of New South Wales. The Terms constitutes the entire agreement between you and Vision Asia and governs your use of the website, superseding any prior agreements between you and Vision Asia with respect to the website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain Vision Asia services. Vision Asia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that Vision Asia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website. The failure of Vision Asia to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. If any part of the Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. |
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