Welcome to www.australiachinaconnection.com.au (the 'Website'). The Website is operated by Australia China Business and Investment Connection Centre Pty Ltd (ACN 612 350 535) ( ‘”ACBICC”’). Access to and use of the Website, or any of its associated products or Services (collectively the “Services”, is provided by ACBICC. Please read these terms and conditions (the 'Terms’') carefully. These is a legally binding agreement between you as the user (“User”, “you”, or your”) and www.australiachinaconnection.com.au entity (“we”or “our”).
By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to accept and be bound by the Terms in full. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
Change of Terms: Australia China Connection reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. By continuing to use the Services, you agree that the amended Terms will apply to you.
Age: By using these Services, you are agreeing to the Terms you warrant and represent that you are at least of 18 years of age / of legal age to form a binding contract with ACBICC.
3.1 Subject to your compliance with these Terms, australiachinaconnection.com.au or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Services.
3.2 All rights not expressly granted to you in these Terms are reserved and retained by australiachinaconnection.com.au or its licensors, suppliers, publishers, rightsholders, or other content providers.
3.3 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of australiachinaconnection.com.au without express written consent. You may not use any meta tags or any other "hidden text" utilising australiachinaconnection.com.au's name or trademarks without the express written consent of australiachinaconnection.com.au. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by australiachinaconnection.com.au terminate if you do not comply with any of the Terms and we reserve the right at all times to deny or prohibit your access to the Website immediately without notice, at our sole discretion.
4.1 In order to access the Services, you may be required to register for an account through the Website (the 'Account').
4.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
You warrant that any information you give to ACBICC in the course of completing the registration process will always be accurate, correct and up todate.
4.3 Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
4.4 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
4.5 You may not use the Services and may not accept the Terms if:
4.6 If more than one person adhering to the Terms as a registered Member, their liability under the Terms is joint and several, and their rights are joint.
5.1 As a Condition of your access and use of the Services, you agree to comply with the following all applicable laws and regulations;
5.2 As a User you agree to comply with the following:
5.2.1 You must not in any way cause, or may cause, damage or impairment of availability or accessibility to the Website;
5.2.2 You must not in any way gain unauthorised access to the computer systems or networks of australiachinaconnection.com.au and/or any of its affiliated networks and/or other Users.
5.2.3 You must not in any way undermine, or may cause, undermining of the integrity of the computer systems or networks of australiachinaconnection.com.au and/or any of its affiliated networks and/or other Users.
5.2.4 You must not post or transmit any content and information that is illegal or unlawful, or infringe on any third party’s legal rights which gives rise to, or may give rise to, civil liability or otherwise violate any applicable law.
5.2.5 You must not post or transmit any content or information which is protected by copyright without prior written permission of copyright owner.
5.2.6 You must not post or transmit, any unsolicited commercial communication or engage in spamming or flooding.
5.2.7 By posting or displaying any material, content or information (“User Content”) on the Website, you agree to grant an irrevocable, perpetual, worldwide and royalty-free license to australiachinaconnection.com.au to display, transmit, reproduce, publish, duplicate, adapt, modify, translate and otherwise use any of all of the User Content is any form or any manner for any purpose deemed by australiachinaconnection.com.au to be useful to the Website or Services. You confirm and warrant that you have all the rights, power and authority to grant the above license.
5.2.8 you have sole responsibility for protecting the confidentiality of your password and/or email address;
5.2.9 you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
5.2.10 You agree, represents and warrants that any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will:
5.2.11 you agree not to harass, impersonate, stalk, threaten another User of the Website (where interaction with other Users is made available to you);
5.2.12 access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
5.2.13 you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of ACBICC;
5.2.14 you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
5.2.15 you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from User profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by ACBICC for any illegal or unauthorised use of the Website or its Services; and
5.2.16 you acknowledge and agree that any automated use of the Website or its Services is prohibited.
6.1 Australiachinaconnection.com.au provides electronic web-based platforms for exchanging information between buyers and sellers of products and services through the Website, as well as electronic web-based transaction platforms for Users and/or Members to place, accept, conclude, manage and fulfil orders for the provision of products and services online within the Website.
However, Australiachinaconnection.com.au does not represent either the seller or the buyer in specific transactions for any Services. We do not control and are not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Website or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
6.2 Users are hereby alerted and warned that there may be risks of dealing with people acting under false pretences. Australiachinaconnection.com.au endeavours to verify the accuracy of certain information our Users provide us when they register for service on the Website. However, as user verification on the Internet is difficult, Australiachinaconnection.com.au cannot and does not confirm each User's purported identity. Users are encouraged to use their own means and common sense to evaluate with whom they are dealing.
6.3 Users acknowledge and accept unconditionally that they fully assume the risks of conducting any purchase and sale transactions in connection with using the Website or Services, as well as the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Website. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defence or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks further include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Website as a result of purchase and sale transactions in connection with using the Website may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that Australiachinaconnection.com.au shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
6.4 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Website or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
6.5 User agrees to provide all information and materials as may be reasonably required by Australiachinaconnection.com.au in connection with your transactions conducted on, through or as a result of use of the Website or Services. Australiachinaconnection.com.au has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
6.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Australiachinaconnection.com.au (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
7.1 The Website, the Services and all of the related products of ACBICC are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by ACBICC or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by ACBICC, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Memberto:
7.2 ACBICC does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by ACBICC.
7.3 ACBICC retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
7.4 You may not, without the prior written permission of ACBICC and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
7.5 Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to ACBICC a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide license to broadcast, republish, up- load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
9.1 Subject to this clause, and to the extent permitted by law:
9.2 You acknowledge that ACBICC’s Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and ACBICC holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
10.1 The services provided by australiachinaconnection.com.au on or through the website are provided "as is", "as available" and “with all faults”, and australiachinaconnection.com.au hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded to the maximum extent permitted by law.
10.2 Australiachinaconnection.com.au makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the website; australiachinaconnection.com.au does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website does not violate any third party rights; and australiachinaconnection.com.au makes no representations or warranties of any kind concerning any product or service offered or displayed on the website.
10.3 Any material downloaded or otherwise obtained through the Website is done at each User's sole discretion and risk and each User is solely responsible for any damage to Australiachinaconnection.com.au’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Australiachinaconnection.com.au or through or from the Website shall create any warranty not expressly stated herein.
10.4 The Website may make available to Users, services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Australiachinaconnection.com.au and our affiliates be held liable for any such services or products.
10.5 Each User hereby agrees to indemnify and save Australiachinaconnection.com.au, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Website or Services (including but not limited to the display of such User's information on the Website) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Australiachinaconnection.com.au, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Australiachinaconnection.com.au, including but not limited to those set forth in Section 5 hereunder.
10.6 Each User hereby further agrees to indemnify and save Australiachinaconnection.com.au, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Website. Each User hereby further agrees that Australiachinaconnection.com.au is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.
10.7 Australiachinaconnection.com.au shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
10.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Australiachinaconnection.com.au, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Website or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Australiachinaconnection.com.au or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Website or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.
10.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law.
11.1 ACBICC may at any time, terminate the Terms with you if:
11.2 ACBICC reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services and remove any information and data linked to your profile or registered account without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ACBICC's name or reputation or violates the rights of those of another party.
11.3 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and ACBICC have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify ACBICC, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
The Terms are governed by the laws of New South Wales, Australia. Any disputes relating to these terms will be subject to the non-exclusive jurisdiction of the courts of New South Wales. Any disputes of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
14.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Australiachinaconnection.com.au with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
14.2 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
14.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
14.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
14.5 Australiachinaconnection.com.au’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Australiachinaconnection.com.au’s right to act with respect to subsequent or similar breaches.
14.6 Australiachinaconnection.com.au shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Alibaba.com). You may not assign, in whole or part, the Terms to any person or entity.
14.7 If you are from outside of New South Wales Australia, the Terms shall be governed by the laws of New South Wales without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of New South Wales.
If the Website is made available by ACBICC in a language other than English, you accept as a condition of use that the English version prevails if there is any conflict or difference between that language version of the Terms and its English version.
If any part of the Terms is found to be void or unenforceable under the law of any competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
ACBICC Pty Ltd is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information. We have adopted the National Privacy Principles (NPPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information. A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au.
Personal Information – Collection, Use & Disclosure
You may browse the Website without providing any personal information to us. However, as Provider and / or Receiver of services and / or products via the Website, you may provide and we may collect Personal Information ("PI”) which you voluntarily give us, including your name, telephone number, email address, postal address, and any other information which would allow someone to personally identify you. This PI is obtained in many ways including but not limited to surveys, interviews, correspondence, by telephone and facsimile, by email, via our website www.australiachinaconnection.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties. Certain Non Personal Information, or non-PI, which does not identify you, may also be collected when you use this Website, including the type of the Internet browser and operating system you use, other navigational clickstream data, etc.
Purpose and Use
ACBICC uses the PI collected through this Website to provide you with public information regarding us and our services; to share news, updates and reports in response to your inquiries; for gaining an understanding of your needs; for performing statistical analysis or analyses of global website usage; for security and legal compliance; for direct marketing activities; for notifying you of any changes to this Website or our services; and for other services. We also reserve the right to make full use of information that is not PI.
Web pages on this Website may contain cookies or related technology to facilitate your experience with this Website. Cookies are text files placed in your computer's Internet browser to store your preferences. Cookies do not provide your email address or other. We may also collect information on which web pages you visited, the links or advertisements you click on and other actions you take while on our Website. ACBICC only obtains this information when you choose to provide it to the Website. However, once you choose to provide ACBICC with your details by entering it into this Website, such data may be linked to data stored in the cookies. You may disable cookies in your browser. However, certain functionalities of this Website may not work if cookies are disabled.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure. When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Third Party Links and Policies
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
This Policy may change from time to time and is available on our website.
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