By using, browsing or otherwise accessing any part of VI’s Website the User agrees to be bound by the Website Terms and Conditions and by the Privacy Policy.
- Where used in the Website Terms and Conditions the following words shall have the following meanings respectively: a) “Parties” mean the parties to the Website Terms and Conditions; namely, the VI and the User; b) “Privacy Policy” means the privacy policy that is located on VI’s Website at http://www.vi.com.au/privacy-policy; c) “User” means any person using, browsing or otherwise accessing VI’s Website; d) “VI” means Visual Identity (Australia) Pty Ltd (A.C.N. 006 037 403); e) “VI’s Website” means all pages of the website on which the Website Terms and Conditions appear; and, f) “Website Terms and Conditions” means these website terms and conditions.
- The User represents, warrants and agrees that:
- They have read and understood the Website Terms and Conditions and the Privacy Policy. By accessing, browsing or otherwise using VI’s Website the User shall be bound not only by the terms and conditions of the Website Terms and Conditions but also by the terms and conditions of the Privacy Policy.
- They access, browse and otherwise use VI’s Website at their own risk and that VI”s Website is subject to change without prior notice and that it may contain errors.
- VI gives no warranty nor does it make any representation: a) as to the availability or otherwise from time to time of VI’s Website (or of any particular parts or functions thereof); or, b) that VI’s Website will be free from defects in its operation or design.
- VI does not make any warranties, representations or guarantees as to:
- The safety of the User’s computer or computer systems when accessing, browsing or otherwise using VI’s Website; or
- The accuracy, completeness, currency or suitability of any details, information or other things of any nature whatsoever appearing on VI’s Website
And VI shall not be liable for any loss of or corruption or damage to any such computer or computer systems (or for any loss of or damage to any data stored thereon or elsewhere) or for any other loss or damage of any nature whatsoever (whether any such loss, damage or corruption arises in or from tort, breach of contract, negligence or otherwise) in any way arising from or related to use by the User or by any other person of VI’s Website or of any material contained on VI’s Website from time to time.
- The User shall exercise all reasonable judgment in the use of any material that the User obtains from VI’s Website or otherwise provided by VI (including all reasonable judgment as to the currency or otherwise of the material).
- The information, materials and services in and on VI’s Website are for general information purposes only. VI’s Website does not contain legal or other professional advice or information, materials or services that are intended to be comprehensive. The User is responsible for determining the validity, quality and relevance of any information, material or service and to obtain appropriate independent advice before acting or relying on any of it to ensure that it meets the User’s particular requirements.
- Cookies may be used on VI’s website to gather data in relation to the website and the User’s use of the website, and the User consents to this (although the User may be able to disable cookies on their web browser).
- Given the nature of the internet, VI cannot guarantee that any transmissions of data to VI’s Website are totally secure. Whilst VI takes precautions to protect information, VI does not warrant and cannot ensure the security of any information the User transmits via VI’s Website. The User therefore transmits to this website at the User’s own risk.
- VI hereby grants to the User a non-exclusive and non-transferable license to use VI’s Website for the User’s personal use and the said license may be revoked by VI at its discretion at any time. The aforesaid personal use is subject to provisions of the Website Terms and Conditions.
- The User shall and hereby does indemnify VI (along with its officers, employees, agents and sub-contractors) in respect of all loss, damage, cost and expense (including legal fees on a full indemnity or solicitor and own client basis, whichever is the greater) arising from or in any way related to: a) any breach of the Website Terms and Conditions on the part of the User; and, b) the User’s use in any manner whatsoever of VI’s Website or of any information, material or service contained in or on VI’s Website from time to time.
- VI’s Website may contain or display links to other websites and / or third party advertising or content. VI provides or shows those links and / or third party advertising or content as a point of reference which may or may not be of relevance to the User. VI does not provide any endorsement of any website to which it links or any third party advertising or content appearing on VI’s Website, or as to the goods, services or other material shown or advertised on VI’s Website or on any website to which it links. If the User accesses, browses or otherwise uses any websites to which VI links then the User does so at their own risk and VI is not responsible for and will not be held liable in respect of the content or operation of such websites or any of the goods, services or other material shown or advertised on those websites. Any websites to which VI links are not governed by the Website Terms and Conditions. The User is not permitted to link to VI’s Website without VI’s written consent.
- VI is the owner or licensee of all intellectual property rights (including but not limited to any copyright, patents and other intellectual property rights) that exist in or on VI’s Website, or is otherwise permitted by the owner of such rights to use all material that appears on VI’s Website. This includes without limitation the design, layout, look, appearance and graphics in or on VI’s Website. The User must not in the absence of VI’s written consent to the contrary: a) copy, modify or transmit any of the content of VI’s Website (whether appearing visually on the website or in its code or source code or otherwise); b) act in a manner that is inconsistent with or in breach of the said intellectual property or rights in relation thereto; or, c) download (other than page caching) or modify VI’s Website or any part thereof.
- VI’s Website may contain graphics, logos, trademarks, designs, text, icons (including variations and arrangements thereof) of or related to VI or third parties and the use of these may be protected by law. The User must not in breach of any laws or in breach of the rights of VI or third parties use any graphics, logos, trademarks, designs, text, icons (including variations and arrangements thereof) of or related to VI or third parties which appear on VI’s Website.
- The User may view VI’s Website and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, provided always that the User must not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written permission of the owner of the copyright in that material.
- VI may from time to time at its discretion update, amend or otherwise vary the Website Terms and Conditions and the Privacy Policy. On each occasion on which the User uses, browses or otherwise accesses VI’s Website in any manner whatsoever the User agrees to be bound by the Website Terms and in their then current form.
- In the interpretation of the Website Terms and Conditions: a) words importing the singular shall (where appropriate) mean and include the plural and vice versa; b) words importing any one gender shall (where appropriate) mean and include the other gender and vice versa; c) words importing a natural person shall (where appropriate) mean and include corporations and vice versa; d) where a word or phrase is defined, its other grammatical forms have a corresponding meaning; e) neither the Website Terms and Conditions nor the Privacy Policy shall be interpreted to the disadvantage of VI merely because it was prepared by VI or by its legal advisors; and, f) notwithstanding anything to the contrary that may be contained in the Website Terms and Conditions VI is and continues to be subject to any conditions and warranties implied by legislation, regulations, rules and requirements of law but only to the extent that they cannot lawfully be excluded.
- No failure to exercise and no delay in exercising, any right, power or remedy by VI under the Website Terms and Conditions shall operate as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on VI unless made in writing.
- If any provision of the Website Terms and Conditions be held unenforceable or in conflict with the laws of a relevant jurisdiction or be invalid then it shall be read down to the minimum extent necessary to render it enforceable and valid and, if incapable of being read down, it will be severed from the remainder of the Website Terms and Conditions which agreements shall then be interpreted so to give full effect to the purpose or intent of the Website Terms and Conditions.
- The Website Terms and Conditions shall be governed and construed in accordance with the laws for the time being in force in the State of Victoria as shall the use of VI’s Website and of any material on VI’s Website. The parties submit to the exclusive jurisdiction of the Victorian Courts including Courts of Appeal.