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CONTENT
Last Updated 15 September 2011
DEFINITIONS
"ClickView" means ClickView Pty Limited (ACN 106176 514) and its subsidiaries, ClickView Australia Pty Limited (ACN 140 397 584), ClickView Limited (IRD Number. 101 663 051), ClickView Limited (UK Reg. No. 909 8597 64) and ClickView Limited (Company No. 674471-5)
"Customer" means the person or legal entity identified in ClickView's Quotation or Invoice.
"Contract" means a contract for sale by ClickView to the Customer of the products and/or services incorporating the Terms and Conditions.
"Genuine" means manufactured by or for ClickView
"Purchase date" means the shipping date from ClickView or a Service Agent
"Product" means a Genuine Product supplied new by ClickView
1. Grant of License
ClickView grants you a limited, revocable, non-exclusive and non-transferable license to access and use ClickViews Products and/or Services without modification for the purposes stated in this Agreement. You may not sell, rent, loan, give, publish, sublicense or otherwise transfer the Products and/or Services to anyone or give anyone the right to reproduce the Products and/or Services. The Copyright Owners of the Products and/or Services retain the sole and exclusive copyrights and all other proprietary rights in the Products and/or Services. You have no ownership or copyright interest in the Products and/or Services.
ClickView materials, including pages and online images, are protected by the Copyright Laws of Australia and international conventions. All rights are reserved.
When you access the ClickView site, you agree that:
- You may retrieve materials for information only.
- You may save copies or print them for your own personal use or to inform others about ClickView free of charge. Commercial exploitation of ClickView materials is prohibited.
- ClickView’s copyright notice must be included in any copy that you make.
- ClickView’s permission must be sought to amend any information in the materials.
2. Intellectual Property Protection
ClickView owns, or is otherwise licensed to use, all intellectual property in the ClickView website, Products and/or Services, unless indicated otherwise. Subject to these conditions of use, ClickView grants to you a non-exclusive and non transferable licence to view, download and use information directly accessible for non-commercial use.
You agree that, subject to your use of the Website in accordance with the limited licence granted to you, you will not infringe ClickView’s intellectual property (including its trade marks and copyright) and will not reproduce, modify, transmit (including broadcast), copy, adapt, sell, publish, frame, distribute or communicate any part of the ClickView Website or any information contained therein or otherwise use them in a way which will infringe ClickView’s intellectual property or other property rights, except as permitted by statute or with ClickView prior written consent.
3. Disclaimer
Except as provided by law, the ClickView is provided "as is" and without any warranty or condition, express or implied. ClickView does not warrant that the information contained in or accessible through the ClickView is accurate, suitable for your purposes or without errors, omissions or viruses nor does ClickViews guarantee continuous, uninterrupted or secure access to the ClickView. You acknowledge that access and use of the ClickView website (including the software operating in connection with the ClickView Website) may be interfered with by numerous factors outside of ClickView’s control. ClickView does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the ClickView Website. Subject to the provisions of the Trade Practices Act 1974, ClickView makes no representations or warranties in respect of the information and materials available on the ClickView Website or the means of accessing that information and material.
4. Use of Information
If you upload or otherwise provide any information or content ('Content') in the course of accessing or using the ClickView Website, you agree that such Content will be available to ClicKView to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or
- infringes the intellectual or other proprietary interests of third parties; or
- impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services ClickView considers to be inappropriate; or
- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the ClickView Website or otherwise breaches or encourages other users to breach these conditions of use; or
- violates any law, statute or regulation, or is contrary to any relevant standards or codes; or
- forges information to disguise the origin of any Content; or
- encourages or incites any other person to engage in any of the above behaviour.
You agree to grant ClickView a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the intellectual property you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.
5. Limitation of Liability
You agree that ClickView is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the ClicKView Website, the use by ClickView of Content or any such loss or damage which may arise should you be unable to access the ClickViews Website, for whatever reason and however arising, including negligence.
To the extent that ClickView is able to limit the remedies available under these conditions of use, ClicKView expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at ClickView’s sole discretion):
In the case of goods, any one or more of the following:
i. the replacement of the goods or supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
iv. the payment of the costs of having the goods repaired; and
In the case of services:
i. supply of the services again; or
ii. the payment of the cost of having the services supplied again.
6.Security
Users should be aware that there are inherent risks in transmitting information across the Internet and via email. While no transmission to and from websites can ever be totally secure, ClickView will take all reasonable steps to ensure that the information you provide us when visiting this site is kept secure. Our security measures aim to protect user information transmitted via our site from loss, misuse or alteration. Access to this information is restricted to our website hosting companies and a small number of ClickView employees via secured web-based administration pages.
We have made every effort to ensure that transactions on our site are as secure and safe as possible. Data transmissions are protected in relevant areas, such as online ordering, using industry standard SSL-encryption. Your credit card number is stored securely in a restricted part of our database. If you prefer not to order online, you can use the phone or fax numbers or mailing addresses listed on the relevant pages to supply us with personal information or to make a purchase.
7. Choice of Law and Use of Website
These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of New South Wales, Australia.
The Website is available only to people using the Website in Australia who can form legally binding contracts under applicable law.
8. No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and ClickView by these terms of use.
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