Thank you for visiting our website. If you want to use www.whiz-technology.com, you must agree to conform to and be legally bound by the terms and conditions described below. IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.
This Policy was last updated on 01-11-2015.
- Acceptable Use and Conduct
- Anti-Spam Policy
- Disclaimer Of Warranties
- DMCA (Copyright Notice)
- External Links
- Intellectual Property Rights
- Limitations of Liability
- Payment & Security
- Product Warranties
- Miscellaneous Terms
You agree that that you will not publish or make available any Content that, or use the Site in a manner that:
- infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
- contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- is libellous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
- is harmful to minors in any way;
- is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Whiz Technology;
- impersonates a Whiz Technology employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or a portion thereof without proper authorization;
- interferes or attempts to interfere with the proper working of the Site or prevents others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or any other site or system in use by another user of Whiz Technology;
- uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or the content contained therein;
- facilitates the unlawful distribution of copyrighted Content;
- licenses, sublicenses, rents or leases the Services to third parties, uses the Services for third party training, commercial time-sharing or service bureau use, or otherwise makes the Services available to third parties or otherwise commercially exploits the Services;
- includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site to users;
- constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
- stalks or otherwise harasses anyone on the Site or with information obtained from the Site;
- collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
- requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site for the purposes of automating logins to the Site;
- attempts to gain unauthorized access to the computer systems of Whiz Technology or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
- posts adult or pornographic Content;
- decompiles or reverse engineers or attempt to access the source code of the software underlying the Site, the Services or any other Whiz Technology technology;
- copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site;
- accesses the Site for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site;
- accesses the Site for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
- accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach of security to the Site; (ii) interfering with the proper working, functionality or performance of the Site; or (iii) preventing others from accessing or using the Site.
We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community and the world in general. We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws. If you subscribe to electronic newsletters or other communications from us or our website, you will always have an option to unsubscribe immediately. If you have additional questions, comments or concerns, please contact us by sending an e-mail to email@example.com and providing us with information relating to your concern. You may also mail your concerns to us at the following address:
Privacy Officer, Whiz Technology, PO BOX 1695 Warriewood Square, NSW 2101, Australia
Please note that the content of this page can change without prior notice.
Whiz Technology Pty Ltd Trading As SoundWhiz is an Australian owned and operated entity. All prices on the SoundWhiz site, unless otherwise stated are in Australian Dollars (AUD).
Your use of the site and all content forming part of or related to the site, including any content you upload or submit and any third party software and content, are at your sole responsibility and risk. The site is provided on an “as is” and “as available” basis. WHIZ TECHNOLOGY expressly disclaims all representations, warranties, or conditions of any kind with respect to the site, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement. WHIZ TECHNOLOGY disclaims any warranty that the site or any content, including without limitation any third party software and content, will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the site or the servers that makes the site available are free of viruses or other harmful components. You agree that, from time to time, WHIZ TECHNOLOGY may remove the site for indefinite periods of time without notice to you. Your access and use of the site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the site or other actions that WHIZ TECHNOLOGY, in its sole discretion, may elect to take. WHIZ TECHNOLOGY makes no guarantee regarding: (a) the security of any information provided by you including but not limited to the compatibility of your software, hardware or content with the site. WHIZ TECHNOLOGY is not responsible for the acts or omissions of, or for the failings of, any third-party provider of any content, service, network, software or hardware, including but not limited to, internet service providers, hosting services utilized by WHIZ TECHNOLOGY, telecommunications providers, content provided by other users, or any software or hardware not provided by WHIZ TECHNOLOGY. You are solely responsible for ensuring that your content is compatible with the site. WHIZ TECHNOLOGY disclaims any liability or responsibility for any unauthorized use of your content by third parties or other users of the site and is not responsible for protecting your content. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from WHIZ TECHNOLOGY or through or from the site shall create any warranty not expressly stated in this agreement. The site is offered and controlled by WHIZ TECHNOLOGY from its facilities in Australia. WHIZ TECHNOLOGY makes no representations that the site is appropriate or available for use in other locations. Those who access or use the site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The information on our website is provided on an “as is,” “as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected. Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information. If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site. Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel. This website, including all text, HTML, scripts, and images are copyrighted and owned by WHIZ TECHNOLOGY Pty Ltd. All rights reserved. No part of this website may be reproduced or transmitted in any form or by any means, mechanical, electronic, or otherwise, including photocopying and recording, or by any information storage and retrieval system, or transmitted by e-mail, or used in any other fashion without the express prior written permission of the website owner. This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet. Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact the person or entity infringing on their copyright. The owner of this website is committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner of this website will block access to the allegedly infringing material. The website owner will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counter notice to the website owner.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Please send DMCA notifications of claimed copyright infringement to:
PO BOX 1695
Warriewood Square, NSW 2101
To file a notice of infringement with WHIZ TECHNOLOGY (the Website Owner), you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)
- Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
- The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT
If a notice of copyright infringement has been filed with the website owner against you, the owner will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter notification with the website owner. If website owner receives a valid counter notification, the DMCA provides that the removed or blocked information will be restored or access re-enabled. WHIZ TECHNOLOGY will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter notification, unless the website owner first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website. The website owner will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter notification, unless the website owner first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website. Please be advised that United States copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
Our website contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits. Unless otherwise expressly stated by us, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites. We permit links to our website if they do not imply an endorsement by, or affiliation with, our website. We review our website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. To report problems with links on our website, or for more information about this policy, please send an e-mail to firstname.lastname@example.org.
Please note that the content of this page can change without prior notice.
All right, title, interest and ownership and intellectual property rights in and to the Site, WHIZ TECHNOLOGY trademarks and the templates provided via the Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, other than your Content, are and will remain the property of WHIZ TECHNOLOGY or its software or content suppliers. Any templates or derivatives of templates provided that you may build using the Site belong to WHIZ TECHNOLOGY. The Site is protected under Canada, United States and international copyright, trademark and other laws and treaties. Subject to the terms and conditions of this Agreement, WHIZ TECHNOLOGY grants to you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid Subscription.
You acknowledge that any ideas, suggestions, concepts, processes or techniques (“Feedback”) which you provide to WHIZ TECHNOLOGY related to the Services, the Site or WHIZ TECHNOLOGY or its business shall become WHIZ TECHNOLOGY’ property without any compensation or other consideration payable to you by WHIZ TECHNOLOGY, and you do so of your own free will and volition. WHIZ TECHNOLOGY may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative WHIZ TECHNOLOGY may decide into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to WHIZ TECHNOLOGY in any Feedback and, as applicable, waive any moral rights. WHIZ TECHNOLOGY owns any test results, data information and other output generated by your use of the Site and/or the Services during the term of this Agreement.
You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract or tort, shall WHIZ TECHNOLOGY or its affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if WHIZ TECHNOLOGY has been advised of the possibility of such damages), arising from or relating to this agreement or your use of or your inability to use the site, or for any damages arising from or related to this agreement or any subscription. WHIZ TECHNOLOGY liability under this agreement is limited to the greater of: (a) one hundred dollars ($100); or (b) the total amounts you are paid or owed by WHIZ TECHNOLOGY in the twelve (12) months immediately preceding the occurrence of loss or damage. To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, WHIZ TECHNOLOGY liability in such province, state or jurisdiction shall be limited to the extent permitted by law. The foregoing limitations shall also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than WHIZ TECHNOLOGY and received by you through or advertised on the site or received by you on any third party sites. You also agree that WHIZ TECHNOLOGY will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on the site. WHIZ TECHNOLOGY reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. WHIZ TECHNOLOGY shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.
Payment On-line with Credit Card
Whiz Technology accepts online payments using the following credit cards:
– American Express
All payments are processed either through paypal or our payments partner PIN Payments.
Payment Online with PayPal
Whiz Technology accepts online payments via the PayPal payment system. PayPal is an account-based system that lets anyone with an email address securely send and receive online payments using their credit card or bank account. Its greatest advantage is that payments are made immediately – much faster than sending bank transfers.
PayPal allows you to make secure purchases without revealing your credit card number or financial information. Not only does PayPal help keep this information private, it guarantees 100% protection against unauthorised payments sent from your account.
If you’d like to find out more about PayPal, visit PAYPAL.
Payment Online through PIN Payments
Whiz Technology processes all direct payments through the fully secure and robust PIN payment system.
When transacting via our secure server, your credit card and personal details are encrypted using the latest industry standard SSL (Secure Socket Layer) 128 Bit encryption technology before being sent over the Internet. It encrypts all your personal information, including credit card number, name and address, so that it cannot be read while the information travels over the Internet. You can tell you are in secure (SSL) mode when a little padlock appears on the bottom of the screen.
Your credit card number is never stored on the Whiz Technology system.If you are still unsure about sending your credit card to us via the Internet, then we suggest you use the paypal payment method.
Security is a two-way street and it’s up to you to ensure you protect your information. Please read our security tips below.
If using a public computer or terminal, always log out when you complete an online session.
- Keep your passwords private. Remember, anybody who knows your password may access your account.
- When creating a password, use at least eight characters – a combination of letters and numbers is best. Do not use your name, e-mail address or other personal information that can be easily obtained. It’s also recommended that you frequently change your password.
- Avoid using the same password for multiple online accounts.
- Whiz Technology will never e-mail or call a customer and ask that they disclose or verify their website password, credit card or banking account number. Such information should only be submitted when completing an order on soundwhiz.com, contacting Whiz Technology directly or when making updates to your My Account section.
- If you are contacted by, or receive an unsolicited e-mail from an unknown entity, and are asked to confirm or provide your password or personal or banking information, simply disregard the request and report the incident to Whiz Technology for investigation.
HOW WE PROTECT YOUR PRIVACY
THE TYPE OF INFORMATION WE COLLECT FROM YOU
WHAT WE DO WITH YOUR INFORMATION
We use your information to operate our business activities. For example, we may use this data to contact you about changes to our website, new services, or special offers, provide you with notices about your account, resolve disputes, troubleshoot issues, enforce our website’s terms and conditions, to carry out our obligations and enforce our rights arising from contracts entered into between you and us, to protect our business interests and the interests and rights of third parties, and to fulfill any other purpose for which you provide data. As a general rule, we will not give your data to third parties for direct marketing purposes without your permission. However, there are some important exceptions to this rule that are described in the following paragraphs and the paragraphs above.
We may, in our sole discretion, provide information about you to comply with a court order, law or legal process, to law enforcement or other government officials for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability or infringe on our rights or the rights of third parties.
We may provide information about you to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our website users is among the assets transferred.
We may disclose aggregate data about our website’s visitors to advertisers or other third parties.
From time to time, we may use third party suppliers to provide services on our website. If a supplier wants to collect information about you through this website, you will be notified. We restrict the way third party suppliers can use your information. We will share information with third parties to fulfill the explicit purpose for which you provide it. For example, we will post information that you enter into our blog’s comment system to our blog; share information where you give consent; and use information for the purpose that is disclosed by us when you provide the information; we share information with third parties who assist us in operating our business; for example if we use an email-service-provider, we may provide your email to such vendor to assist us in sending email communications.
We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
We may use autoresponders to communicate with you by e-mail. To protect your privacy, we use a verified opt-in system for such communications and you can always opt-out of such communications using the links contained in each autoresponder message. If you have difficulties opting out, you may contact us by sending an e-mail to email@example.com, or sending us mail to the address listed below.
DO NOT TRACK
This website does not monitor for or behave differently if your computer transmits a “do not track” or similar beacon or message.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, including the illegal acts of third parties (such as criminal hacking).
PO BOX 1695
Warriewood Square, NSW, 2101
From time to time, in it’s sole discretion, WHIZ TECHNOLOGY may offer Limited Warranties for its products. Product Warranties are separate to website warranties. WHIZ TECHNOLOGY reserves the right to change the terms of its Product Warranties at any time, without notice to you.
WHIZ TECHNOLOGY Limited Warranty
To be eligible for service under any WHIZ TECHNOLOGY Product Warranty, you must have purchased a genuine WHIZ TECHNOLOGY product.
WHIZ TECHNOLOGY 12-Month Product Warranty covers all purchases of genuine WHIZ TECHNOLOGY products. The Warranty entitles the customer to a FREE replacement products, or equivalent product if the product suffers failure during the first 12 months of use that cause it to become unusable. What this means is, if your product suffers a defective such that it is no longer fit for purpose within 12 months of purchase, we will dispatch an equivalent replacement to you free of charge. If we have discontinued the product line you purchased, we will offer you an equivalent replacement, or if none is available we will offer you a full refund.
Exclusions to the warranty replacement include normal wear and tear and any actions by the customer that conflict with the product user manual.
How to Make a Claim
If you need to make a warranty claim against any WHIZ TECHNOLOGY product, simply email firstname.lastname@example.org. You may be asked to provide proof of purchase before your product replacement will be sent. Proof of purchase may constitute a valid receipt, Amazon order number, or product photograph.
WHIZ TECHNOLOGY Product Warranty is non-transferable, and cannot be delegated to any third parties
We do not knowingly provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information and do not use this website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from WHIZ TECHNOLOGY during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.
Third Party Sites and Content
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under WHIZ TECHNOLOGY’ control, and you acknowledge that WHIZ TECHNOLOGY is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by WHIZ TECHNOLOGY or any association with its operators. You further acknowledge and agree that WHIZ TECHNOLOGY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.
You agree to indemnify, defend, and hold harmless WHIZ TECHNOLOGY, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. WHIZ TECHNOLOGY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WHIZ TECHNOLOGY and you agree to cooperate with WHIZ TECHNOLOGY’ defence of these claims. You agree not to settle any matter without the prior written consent of WHIZ TECHNOLOGY. WHIZ TECHNOLOGY will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Modifications and Termination
These terms and conditions may change from time to time. If such changes are made, they will be effective immediately. If you disagree with the changes that have been made, you should not use our website.
We may terminate these terms and conditions of use for any reason and at any time without notice to you.
If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to firstname.lastname@example.org, and providing us with information relating to your concern.
You understand and agree that your use of our website is limited and non-exclusive as a non-transferable revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
Obscene and Offensive Content
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to email@example.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
Compliance with governing law and dispute resolution
You agree to obey all applicable laws while using our website. You agree that the laws of NSW, Australia govern these terms and conditions of use without regard to conflicts of laws provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Sydney, NSW, Australia. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
HOW TO CONTACT US
Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to firstname.lastname@example.org, and providing us with information relating to your concern.
These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.
Copyright © 2015 WHIZ TECHNOLOGY. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.
If there is any dispute between you and WHIZ TECHNOLOGY about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of NSW Australia, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Sydney, NSW, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that WHIZ TECHNOLOGY may seek and obtain injunctive relief in any jurisdiction.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.
You agree that if WHIZ TECHNOLOGY does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which WHIZ TECHNOLOGY has the benefit of under any applicable law), this will not be taken to be a formal waiver of WHIZ TECHNOLOGY’ rights and that those rights or remedies will still be available to WHIZ TECHNOLOGY.
The sections of “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Limitation of Liability”, “Indemnity” and “Miscellaneous” and any other provisions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and shall continue in full force and effect.
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