Terms & Conditions of Use
References to (a) “we”, “us” or “our” means Viscount Australia, and (b) “you” mean you as the user of the Website.
1. Eligibility to use Website
This Website is intended for users who are at least 18 years of age and are residing in and using this site within Australia. Viscount Australia makes no representations that the content of this Website complies with the laws of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
2. Copyright in Website material
This Website (including its content, images and software) is subject to copyright. The copyright is owned by Viscount Australia, or in the case of some material, a third party. You may view this Website using your web browser and electronically copy and print hard copies of parts of this Website solely for personal, non-commercial use. You may draw the attention of others to content posted on this Website. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features. Any other use, including the reproduction, modification, distribution, transmission, republication or display of any part of this Website is strictly prohibited without the prior written consent of Viscount Australia.
3. Trade marks
All trade marks, trade names, service marks and other product and service names and logos (“Marks”) displayed on the Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be registered or unregistered marks of Viscount Australia or third parties. Nothing contained in this Website should be construed as giving you any right in or license to use any Mark of Viscount Australia or a third party which is displayed on this Website without their express permission. If you use any Mark of Viscount Australia to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our Marks: (a) in or as the whole or part of your own Marks; (b) in connection with activities, goods or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive; or (d) in a manner that disparages us or our information, products or services (including this Website).
4. Third party sites
This Website may contain links to other websites operated by third parties. These links are provided for convenience only and may not remain current or be maintained. Viscount Australia does not take any responsibility for the content or functionality of third party websites. You access those sites solely at your own risk. When using these third party websites, you will be bound by the terms and conditions posted on these other websites. Unless otherwise expressly stated: (a) Viscount Australia has no relationship with the owners or operators of the third party websites or control over or rights in those websites; and (b) links to third party websites should not be construed as a recommendation, endorsement or approval by Viscount Australia, or preference by us of the owners or operators of the websites, or for any information, goods or services referred to on those other websites.
5. Direct Electronic Messages
You acknowledge that access to this Website is at your own risk, and to the extent permitted by law:
a) The information contained in this Website is provided by us in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on this Website. From time to time we may change the information on the Website without notice. However, we do not undertake to keep this Website updated. We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website or that the Website will be uninterrupted or error free. To the extent permitted by law, all representations, warranties and other terms are excluded.
b) Viscount Australia will in no way be liable to you or anyone else for any losses, damages, liabilities, claims and expenses, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Website or third party websites which are linked from this Website. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or loss of data or information.
7. User Generated Content
All UGC must be your own work (or licensed to you) and must not infringe any intellectual property or other rights of a third party. You acknowledge that you are responsible for any UGC you submit or contribute, including its legality, reliability, accuracy and appropriateness.
You grant us a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, transferable and sub-licensable licence to use, publish, modify and reproduce your UGC in any manner determined by us, in any form now or in the future. Viscount Australia may edit, use, vary, display, modify, reproduce, distribute, disclose or create derivative works from your UGC at its discretion. You agree that your UGC may be used by us in our marketing, together with your name and other identifying information provided to us. You acknowledge and agree that we are not required to pay or compensate you for use of your UGC.
You acknowledge that your UGC must not be for a Prohibited Use (see below). Viscount Australia may remove, refuse to use, or take other action with respect to any UGC that is not consistent with this requirement, or for any other reason at its sole discretion.
8. Prohibited Uses
We recommend that you use virus protection software when using our Website (or any linked website) and that you take precautions to ensure that the process that you employ for accessing this Website is secure and does not expose you to interference which may damage your computer system. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a linked third party Website.
We may log IP addresses to analyse trends, administer the Website, track users’ movements, and gather broad demographic information.
13. Changes to the Website and your access
Viscount Australia reserves the right to vary or discontinue the Website or any page of the Website, or terminate your access to part or all of the Website, at any time without notice. You acknowledge that this Website may be inaccessible from time to time due to issues beyond our control or maintenance.
14. Governing law
16. Transfer or assignment
These terms are binding on you and Viscount Australia and on any person to whom Viscount Australia might transfer its rights. You must not transfer, assign, charge or otherwise deal with a contract with Viscount Australia, or any of your rights or obligations arising under it, without our prior written consent. Viscount Australia may transfer, assign, charge, sub-contract or otherwise deal with a contract with you, or any of Viscount Australia rights or obligations arising under it, at any time.
17. Entire agreement
These Terms and any document expressly referred to in them represents the entire agreement between Viscount Australia and you and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
18. Severance of clauses
A failure or delay in exercising any right, power or remedy does not operate as a waiver.
A word importing the singular includes the plural and vice versa, and references to “including” shall be construed as “including, without limitation”.
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