iTouch Australia & New Zealand

iTouch Australia Pty Ltd: TERMS AND CONDITIONS FOR BUSINESS USE

These Terms and Conditions were last updated on 19/03/2003

NOTICE: Please read these Terms and Conditions For Business Use and the Privacy Policy carefully. By accessing this Website you agree to be bound by the Terms and Conditions set out herein and the Privacy Policy as amended from time to time. iTouch recommends that you check these Terms and Conditions on each visit to this Website. If you do not wish to be bound by this and the Privacy Policy, you may not access or use the Website and should exit immediately.

Definitions
Within these Terms and Conditions the words:

"iTouch" means iTouch and any associated company or subsidiary, including but not limited to all other members of the iTouch Group of companies, and where appropriate any suppliers;
"Website" means this website operated by iTouch at www.itouch.com.au and through which you may access the website and search facilities provided by iTouch or on iTouch's behalf;
"iTouch" means iTouch Australia Pty Ltd;
"iTouch Group" means the parent company and all subsidiaries and associated companies of iTouch worldwide;
"Users" means the users of the Website;
"Cookies" means standard iTouch tracking devices as described in the Privacy Policy (see below).

1. Disclaimer of Warranties
1.1 The Website is provided on an "as is" and "as available" basis and iTouch make no warranties or representations, whether express or implied, in relation to the Website, including but not limited to, implied warranties or conditions of completeness, accuracy or currency.
1.2 To the fullest extent permitted by law iTouch make no warranty that iTouch or the Website will meet your requirements or will be uninterrupted, timely, secure or error-free.
1.3 To the fullest extent permitted by law iTouch give no warranty as to results or the accuracy of any information on or obtained through the Website.
1.4 To the fullest extent permitted by law iTouch make no warranty regarding any goods or services advertised on the Website or any later transactions entered into or through it.
1.5 You use the Website entirely at your own risk. iTouch (including the iTouch Group and their respective agents, employees and sub-contractors) shall not be liable to you or any other party for any losses or damages whatsoever howsoever arising in connection with the Website (whether under this licence or other contract or in consequence of any misrepresentation, misstatement or in tort or any omission including negligence).

2. Limitation of Liability
2.1 Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury resulting from iTouch's negligence or that of iTouch servants, agents or employees or any other liability which is prohibited from being excluded by law.
2.2 Subject to Clause 2.1 above iTouch shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever howsoever arising from or in any way connected with your use of the Website or accessing other iTouch websites from it, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where iTouch have been notified by you of the possibility of such loss or damage).

3. Your Obligations
3.1 You are responsible for obtaining all necessary consents and permissions to access the Website.
3.2 You acknowledge, accept and agree that you:
(a) are responsible for procuring the necessary equipment and the payment of telephone charges necessary to access and use the Website;
(b) will use the Website only in accordance with all relevant laws and not for any illegal purpose;
(c) will not distribute by any means computer viruses, macro viruses, trojan horses or worms to third parties;
(d) must not use the Website such that you cause the whole or part of the Website to be interrupted, damaged, and rendered less efficient or to in any way impair effectiveness or functionality of the Website;
(e) must not use the Website in any manner which constitutes a violation or infringement of any person, firm or company or its rights (including, but not limited to, third party intellectual property rights or confidentiality);
(f) must not use the Website to attempt any unauthorised access to any part or component of the Website or that of any third party;
(g) in the event that you have any right, claim or action against any User arising out of the use of the Website, then you will pursue such right, claim or action independently of and without recourse to iTouch;
(h) must not carry out or participate in or promote or facilitate the carrying out or participation in any of the following:
i) altering or damaging the Website or iTouch systems or those of related parties, or blocking iTouch or their access to the Internet;
ii) forging or blocking your true identity;
3.3 You acknowledge and accept that you only have a personal non-exclusive non-transferrable licence to access the materials on the Website to search, view, copy and print out materials for your own use according to the terms of this agreement and that you may not use any materials in whole or in part for commercial exploitation without prior written permission from iTouch. Without prejudice to any of the remedies or recourses iTouch may have for the unauthorised assignment, transfer or use of the Website, all revenues derived by you from such unauthorised assignment, transfer or use shall belong solely to iTouch.

4. Indemnity
You agree to indemnify iTouch and their officers, directors and employees in full immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you or any other person who may be authorised by you or for whom you are responsible or any other liabilities arising out of your use or the use by any person who may be authorised by you or for whom you are responsible (for example as an employer) of iTouch and/or the Website.

5. Our Rights
5.1 iTouch reserve the right to:
(a) deny access to all or any part of the Website;
(b) modify or discontinue, temporarily or permanently the Website without notice;
5.2 You confirm that iTouch shall not be liable to you or any third party for any modification to or discontinuance of the Website.
5.3 iTouch may change these Terms and Conditions and the Privacy Policy from time to time. Your continued use of any of the Website thereafter, will constitute acceptance of such changes. iTouch reserve the right to terminate immediately without further notice your access to and use of the Website, if you do not accept any such changes.

6. Links
iTouch may provide or you may include in email links to other websites or resources. You acknowledge and agree that iTouch are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You agree that iTouch will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or website available on such external websites or resources.

7. Intellectual Property and Right to Use
7.1 You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, images, video, audio clips, games etc. presented on this Website or advertisers site whether in whole or in part is protected by local and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws and is owned or licensed to iTouch and is vested in iTouch or iTouch's licensors.
7.2 The material and content contained on this Website is for viewing purposes only and you agree not to (and agree not to assist or facilitate any third party to) modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute, commercially exploit or create derivative works of such material and content whether in whole or in part belonging to iTouch or any third party proprietary rights and intellectual property except as provided for on the Website or expressly authorised in writing by iTouch. All rights are reserved.
7.3 All copies or print out of this Website must include the copyright notice "© iTouch 2003"
7.4 If you become aware of any such distribution or commercial exploitation you will let iTouch know immediately.
7.5 iTouch has no knowledge of any infringement of copyright on the Website, or in the products that iTouch provides. However, if you believe iTouch have infringed your copyright or trademark, please contact iTouch at info@itouch.com.au so the offending material can be removed or the situation rectified as soon as possible.

8. Severability
Each provision of these Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

9. No Waiver
No waiver by iTouch shall be construed as a waiver of any proceeding or succeeding breach of any provision.

10. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and iTouch and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation and may be amended only by iTouch on notice to you in accordance with these Terms and Conditions.

11. Relationship
Nothing in this Agreement shall constitute, or be deemed to constitute a partnership, joint venture, representative or agency relationship between you and iTouch.

12. Titles
The section titles contained in these Terms and Conditions are for convenience only and have no legal or contractual effect.

13. Applicable Law
13.1 iTouch from its office in Australia controls this Website (the "Territory"). By accessing this Website, you accept that any disputes about this Website or its contents are to be determined by the courts having jurisdiction in the Territory in accordance with Australian law (except any principle of conflict of laws inconsistent with this requirement).
13.2 This Website may be accessed throughout the Territory and overseas. iTouch makes no representation that the content of this Website complies with the laws (including intellectual property laws) of any country outside the Territory. If you access this Website from outside of the Territory, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

PLEASE Click here TO READ PRIVACY POLICY