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19th October 2017 Thursday 7:24am
Terms of Use
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Terms of Use


These Terms of Use ("Terms") govern your use of our website located at www.imparja.com ("Site") and form a binding contractual agreement between you, the user of the Site and us, Imparja Television Pty Ltd and our affiliate companies (“Imparja”, “we”, “us”).

 

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on:

Imparja Television Pty Ltd
Attention: Programming Manager
PO Box 52
Alice Springs NT 0871 Australia
(08) 8950 1411


By using the Site, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them.

 

Please check this page regularly so you are aware of any updates to the Terms.

 

If you do not agree to the Terms, as updated or amended, please do not use the Site.

  1. Licence to use Site
    1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out.
    2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner for your own personal, non-commercial use.
    3. You must not reproduce, republish, modify, adapt, translate, prepare, derivative works from, reverse engineer or disassemble any content from the Site unless you have obtained prior written permission from us.
    4. You agree not to remove, obscure or alter any Imparja copyright notice, trademark or acknowledgement of author on any content you access or use, and agree to abide by all copyright and any restriction notice/s published on the Site.
    5. You agree not to use Imparja copyright in a way that implies endorsement by Imparja or any person included in the material.
    6. You are not to publish, display or commercial exploit any material from the Site unless prior written permission is obtained from us.
    7. You agree not to send us any original idea, suggestion or material otherwise it may become the exclusive property of Imparja and we will be entitled to the unrestricted use of it.
    8. You agree not to engage in any conduct that will interfere with, or disrupt, the Site, circumvent security measures, or attempt to exceed the limited authorisation and access granted under these Terms.
    9. You acknowledge and agree that:
      1. Imparja retains complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
      2. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
    10. We may edit, remove or exercise our discretion not to publish any contribution by you for legal, editorial or operational reasons including if we consider it to be:
      1. Defamatory, or otherwise unlawful or that it violates any law regarding harassment, discrimination, racial vilification, privacy or contempt;
      2. Intentionally false or misleading;
      3. An infringement of intellectual property rights including copyright;
      4. Abusive, offensive or obscene;
      5. Inappropriate, off topic, repetitive or vexatious;
      6. Compromising the privacy of any person or containing inappropriate personal information;
      7. Seeking to endorse commercial products or services;
      8. Seeking to directly solicit donations;
      9. Deliberate provocation of other participants;
      10. Impersonating someone else.
    11. If the Site cannot be accessed due to a defect, and the defect is within Imparja’s control, Imparja will engage in its best endeavour to have the Site operational within a reasonable time after being notified of the defect.
    12. Imparja agrees not to publish, display or show material on the Site, which is known to be an infringement of another party’s copyright. If you believe any material on the Site infringes copyright law, you agree to contact us on the details listed above.
    13. Imparja agrees to sustain the Site by providing security measures, such as virus protection software, and other maintenance facilities.
    14. The content or material provided on the Site will be reasonably up-to-date, and Imparja has the sole responsibility of ensuring the content or material is up-to-date.
    15. Any cost associated with maintaining the Site is to be the sole responsibility of Imparja.
    16. The Site contains links to other websites and Imparja does not endorse, sponsor or approve any such content available on any linked website.
    17. Imparja reserves the right to rescind any permission granted to a third party to link to the Site and terminate any such link, after giving notice to the third party.

  2. Intellectual Property Rights
    1. Nothing in these Terms constitutes a transfer of any intellectual property rights.
    2. You acknowledge and agree that all intellectual property rights, including but not limited to, logos, images, names, designs, trademarks and copyright, in the Site are reserved to Imparja and our licensors.

  3. No Expert Advice
    1. The information and other material displayed on the Site cannot replace or substitute the services of trained professionals in any field, including, but not limited to, financial, medical or legal.
    2. A party agrees to consult a trained professional in the field if they require advice on the subject.
    3. A party will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including, but not limited to, economic loss, injury, illness or death arising from a failure to consult a trained professional in the field.

  4. Children
    1. If you are under the age of 18 years, Imparja will ask a parent or guardian to view certain content published by you.
    2. Imparja has the right to limit access to certain content if you are under 18 years of age, and you agree to abide by any such restrictions and not help anyone avoid these restrictions.

  5. Payment
    1. Imparja reserves the right to charge a fee for all or any of its services currently provided for free on the Site after giving thirty (30) days’ written notice to you.
    2. The notice will be published in font no smaller than normal type and located on the homepage of the Site.

  6. Warranties
    1. Each party represents and warrants to the other that:
      1. they have the legal capacity to enter these Terms; and
      2. they have complied with clause 1

  7. Breach of the Terms
    1. If a party breaches the Terms, the other party has a right to:
      1. Block access to our website; or
      2. Enforce a cause of action, right, claim, proceeding or demand of whatsoever nature (including, without limitation, any claim for costs, interest or indemnity or any claim for criminal compensation) wherever and whenever, which arise from the breach of the Terms.

  8. Liability
    1. To the full extent permitted by law, both parties agree to exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
    2. To the full extent permitted by law, both parties agree to exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
    3. These Terms are to be read subject to any legislation, in particular the Australian Consumer Law, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.

  9. Indemnity
    1. Each party agrees to indemnify the other, and (if necessary) its directors, employees and agents, from and against any and all claims for damages, losses, costs or expenses (including but not limited to legal fees) by a third party arising from:
      1. Any breach of these Terms;
      2. Use of material available on the Site (except to the extent a claim is based upon infringement of a third party right)
      3. A violation of any agreement with a third party to which the other party is a subject.

  10. Termination
    1. These Terms terminate automatically if, for any reason, the Site ceases to operate.
    2. A party may otherwise terminate these Terms immediately, if the other party has breached these Terms in any way.

  11. Disclaimer
    1. Imparja does not endorse the views, material, products and advertising contained on third party sites.
    2. Under no circumstance, unless permitted by law, will a party be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with the use of, or reliance on, any content, goods or services on another website.
    3. Imparja provides the Site on an ‘as is’ and ‘as available’ basis. Imparja does not warrant that the Site will be uninterrupted or error-free, or that the Site will be free of viruses or other harmful components.
    4. A party is not responsible for any loss incurred as a result of a defect which is outside of their control.
    5. Imparja disclaims to the fullest extent, permitted by law, all guarantees, warranties or representations of security of our products and services and any content contained therein.

  12. General
    1. 14 days after notice is provided, Imparja may modify, adapt or edit these Terms. Notice will be provided by publishing it in font no smaller than normal type and placing it on the homepage of the Site.
    2. Any personal information acquired by Imparja from participation with the Site will be used only in accordance with our Privacy Policy.
    3. A party must not assign, sublicence or otherwise deal in any other way, an obligation under these Terms.
    4. If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    5. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
    6. This Agreement is governed by the laws of Northern Territory and each party submits to the jurisdiction of the courts of the Northern Territory.
    7. This Agreement constitutes the sole and entire agreement between you and us relating to your use of our website and no oral or written warranties, representations, guarantees or other terms or conditions of any nature not contained in this Agreement shall be of any force unless the term or condition has been reduced in writing, signed by an authorised officer of Imparja, and expressed to be a modification of this Agreement.

  13. Third Party Platform
    1. When accessing or participating in an Imparja-managed space on a third party platform, such as channels, pages or feeds hosted on an external site, you agree to comply with the terms and conditions specified on that third party platform.

 

(Last Updated 26 June 2014)