Except as provided by law, the CLANDESTINE Website is provided “as is” and without any warranty or condition, express or implied. Clandestine does not warrant that the information contained in or accessible through the CLANDESTINE Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Clandestine guarantee continuous, uninterrupted or secure access to the CLANDESTINE Website. You acknowledge that access and use of the CLANDESTINE Website (including the software operating in connection with the CLANDESTINE Website) may be interfered with by numerous factors outside of Clandestine’s control. Clandestine does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the CLANDESTINE Website. Subject to the provisions of the Trade Practices Act 1974, Clandestine makes no representations or warranties in respect of the information and materials available on the CLANDESTINE Website or the means of accessing that information and material (including the software operating in connection with the CLANDESTINE Website).
Clandestine makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Clandestine which are or may become linked or framed to or from the CLANDESTINE Website. You access those sites and use the products and services made available at those sites solely at your own risk.
Use of Information
If you upload or otherwise provide any information or content (‘Content’) in the course of accessing or using the CLANDESTINE Website, you agree that such Content will be available to Clandestine 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 Clandestine 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 CLANDESTINE 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 Clandestine 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.
Limitation of Liability
You agree that Clandestine 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 CLANDESTINE Website, the use by Clandestine of Content or any such loss or damage which may arise should you be unable to access the CLANDESTINE Website, for whatever reason and however arising, including negligence.
To the extent that Clandestine is able to limit the remedies available under these conditions of use, Clandestine 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 Clandestine’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.
You indemnify Clandestine against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any term of these conditions of use;
- any breach or inaccuracy in any of your representations or warranties; or
- your use of the Website.
You must not establish links or frames on any other website to the CLANDESTINE Website or any other part or parts of the CLANDESTINE Website, without the prior written consent of Clandestine. If you would like us to link to your website, please contact info@clandestineTV.com.au
Third party content
Products and services offered for sale or advertised, and information provided on the Website may be products, services and information of, or related to, third parties. These products, services, information and third parties are not provided or endorsed by us and your legal relationship is with the third party. We have not checked the accuracy or completeness of the information, or the suitability or quality of the products and services of third parties. You must make your own enquiries with the relevant third party direct before relying on any third party information or entering into a transaction in relation to the third party products and services supplied via the Website. You should check with the third party whether there are additional charges and terms which may apply. We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on the Website or accessible through a hyperlink on the Website. You acknowledge and consent to us receiving these fees.
Breach and termination
If, in our reasonable opinion, you breach any provision of these conditions of use Clandestine may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the CLANDESTINE Website. In any event, Clandestine may terminate these conditions of use (and your right to use the Website) at any time and for any reason without prior notice to you.
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 Victoria, Australia.
Clandestine has designed the CLANDESTINE Website for use predominantly within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia.
The Website is available only to people using the Website in Australia who can form legally binding contracts under applicable law.
You can contact Clandestine by:
- emailing us at info@clandestineTV.com.au
- writing to us at Clandestine TV, Unit 2, 25 Second Street, Clayton, 3169 Victoria, Australia
- telephoning us on +61 3 9515 9249