AussieIndoLanka.com - Terms of Use

 
 

The AssieIndoLanka.com is an information web site portal offering many different kinds of products and services on the World Wide Web, which is currently owned and operated by Logan Nathan Pty Limited (ACN 107013856) (Hereafter referred to as ‘AIL’ in this document). Your use and access to ‘AIL’ information portal on the World Wide Web is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the ‘AIL’ information portal (known collectively as "Terms of Use"). Your use of, and/or access to, the ‘AIL’ information portal constitutes your agreement to the Terms of Use. ‘AIL’ reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the ‘AIL’ information portal

General terms:

  1. Intellectual property and restrictions on use of content on the ‘AIL’
  2. User licence to ‘AIL’
  3. Adverting links to 3 rd party websites and other on-line service offers
  4. Disclaimer and Limitation of liability
  5. Termination
  6. Trademark of ‘AIL’
  7. Miscellaneous

Note: In addition to the terms in this document, there are also specific and additional terms which form part of the Terms of Use and which govern your use of, and access to, certain websites on the ‘AIL’. Since you are also bound by these specific terms, you should review them before using these particular sites.

Intellectual property and restrictions on use of Content on the ‘AIL’

All information, text, material, graphics, software and advertisements on the ‘AIL’ ("Content") are Copyright © 2005 AIL, its suppliers and/or licensors unless expressly indicated otherwise on the ‘AIL’. The Content is protected by Australian and international copyright and trademark laws. Content on the ‘AIL’ is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the ‘AIL’ or expressly authorised in writing by ‘AIL’or its partners. Strictly on the condition that you keep all Content intact and in the same form as presented on the ‘AIL’ (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the ‘AIL’ in any manner or for any purpose which is unlawful or in any manner which violates any right of ‘AIL’ or a partner or which is prohibited by the Terms of Use.

User licence to ‘AIL’

By placing any information or other material on the ‘AIL’ (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to ‘AIL’ a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

  • Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of ‘AIL’ and any other party authorised by ‘AIL’ all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of ‘AIL’, you will execute and deliver to ‘AIL’ such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Advertising, links to third party websites and e-commerce offers

The ‘AIL’ contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of ‘AIL’ and ‘AIL’ is not responsible for the contents of any linked website or any hyperlink contained in a linked website. ‘AIL’ provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by ‘AIL’ or its partners. You link to any such website entirely at your own risk.

The ‘AIL’ also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by ‘AIL’ or its partners or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by ‘AIL’, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

The product prices listed in the ‘AIL’ are the responsibility of the relevant advertiser. They are subject to change without notice by the advertiser. ‘AIL’ is not liable for the prices or price changes, including where price changes have not been reflected on the ‘AIL’. Your use of the Service is subject to the ‘AIL’ terms of use.

Disclaimer and limitation of liability

The Trade Practices Act and similar state and territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by ‘AIL’ of goods or services on the ‘AIL’ website which cannot be excluded, restricted or modified ("Non-excludable Rights"). ‘AIL’ does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

  • All Content is provided "as is" and without warranties of any kind, either express or implied,
  • ‘AIL’ and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,
  • ‘AIL’ does not warrant that the functions contained in any Content or any Communications Facility or your access to the ‘AIL’ will be uninterrupted or error-free, that any defects will be corrected or that the ‘AIL’ or the server which stores and transmits Content to you are free of viruses or any other harmful components,
  • ‘AIL’ does not warrant or make any representation regarding your access to, or the results of your access to, the ‘AIL’ (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
  • you (and not ‘AIL’) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of’’AIL’) will ‘AIL’ or its partner be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the ‘AIL’ information portal or any Content. You expressly acknowledge and agree that ‘AIL’ does not exert control over users of the ‘AIL’ information portal (including individuals referred to on the ‘AIL’ information portal as ‘visitors’ or ‘users’) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, ‘AIL’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of ‘AIL’ to the following: in the case of services supplied or offered by ’AIL’

  • the supply of the services again, or
  • the payment of the cost of having services supplied again; and in the case of goods supplied or offered by ’AIL’,
  • the replacement of the goods or the supply of equivalent goods,
  • the repair of such goods,
  • the payment of the cost of replacing the goods or acquiring equivalent goods, or
  • the payment of the cost of having the goods repaired.

‘AIL’ is not liable whatsoever for any damages caused by users using 3 rd party links and/or different domain names on the World Wide Web to access the ‘AIL’ information portal.

Termination

The Terms of Use are effective until terminated by ’AIL’, and ‘AIL’ may terminate this agreement and your access to the ‘AIL’ information portal at any time without notice. In the event of termination, you are no longer authorised to ccess the ‘AIL’ information portal, but all restrictions imposed on you, licenses granted by you and all ‘AIL’ disclaimers and limitations of liability set out in the Terms of Use will survive.

Trademarks of ‘AIL’ and its partners

The trademarks listed below are trademarks of ‘AIL’ or its partners (as indicated). All other trademarks displayed on the ‘AIL’ information portal are trademarks of their respective owners. Nothing contained on the ‘AIL’ information portal should be construed as granting any license or right of use of any trademark displayed on the site without the express written permission of ’AIL’, the relevant ‘AIL’ partner or third-party owner.

Some of the logos may be available to you to place on your own website as a hyperlink to the relevant ‘AIL’ information portal, but such use requires the express written authorisation of ‘AIL’ or the relevant partner, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.

Refund Policy

All product & services purchased online from AussieIndoLanka do carry a refund policy. The refund policy may vary dependent on the product and/or services purchased online. Our refund policy is stated every time a product or services purchased online and require a purchaser to check the refund policy before the online purchase is approved. Please note that AussieIndoLanka is not responsible for refund policy on any product and services sold via our affiliates. The user must refer to the affiliates refund policy statement before proceeding with an online purchase.

Shipment Policy

All product & services purchased online from AussieIndoLanka do carry a shipment policy. The shipment policy may vary dependent on the product and/or services purchased online. Our shipment policy is stated every time a product or services purchased online and require a purchaser to check the shipment policy before the online purchase is approved. Please note that AussieIndoLanka is not responsible for shipment policy on any product and services sold via our affiliates. The user must refer to the affiliates shipment policy statement before proceeding with an online purchase.

Miscellaneous

‘AIL’ relies on your continued observance of these Terms of Use. If ‘AIL’ suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify ‘AIL’ for those losses, damages and costs.

The terms of this agreement apply to the full extent possible in relation to the supply by ‘AIL’ of any content or services for the ‘AIL’ information portal.

This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.