Terms & Conditions

 

Conditions of Use

 
Terms and Conditions of Use Agreement
 
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
 
Asian Network is an Information and Advertising service ('Service') provided by Web Asian Network ABN 55 382 720 013 operated from the website at www.asiannetwork.com.au (the 'Site') on the terms set out below. We maintain this web site as a Service to our members, customers and visitors. By accessing and using our Site, you are agreeing to comply with and be bound by the following terms of use. In addition, if you place advertising on the Site, you agree to be bound by the standard Asian Network Basic Rules for Advertising. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information, obtain goods or services from this Site.
 
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER IN ORDER TO PARTICIPATE ON OUR SITE.
 
  1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our Site. This Agreement constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may amend by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
 
  1. Copyright. The content on the Site, including the text, images, photos, logos and messages in bulletin boards and forums, (the 'Content'), is owned by Web Asian Network or its licensors. Except for fair use under the Copyright Act, Commonwealth, you may not use or reproduce or allow anyone to use or reproduce this Content without the written consent of Web Asian Network or the relevant licensor. The software that operates the Site is proprietary software and you must not copy, reverse engineer or modify it. The Content, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
 
  1. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR AFFILIATED PARTIES AND WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
 
  1. Disputes. Because of the nature of the internet confirming the correct identity of the buyer, seller or service provider is not possible so we encourage you to deal directly with them. You are able to do this by sending them an email. We take no responsibility for any disputes between any parties using this Site and you agree not to include this Site in any disputes you may have through the use of it. Please keep in mind that risks associated with dealing with persons and goods that may be shown to be different than what is shown on the Site. You also agree that any information you provide us with is true and correct and in no way affects the rights of others.
 
  1. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
 
  1. Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this Site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Asian Network in its sole discretion. If membership has been revoked, Asian Network reserves the right to refuse application or readmission to the membership program.
 
  1. GST. If you are selling an item or providing a service on Asian Network and are required to be registered for and pay GST, please ensure that GST is included in the price of the item or service you are selling/providing as all goods or services that must include GST should be quoted with that amount included in the final price. i.e. the price you quote is the price the buyer pays. You cannot add the GST amount on after someone has accepted the goods or service. Any price you see is inclusive of GST.
 
  1. Indemnification. You agree to indemnify, defend and hold partners and our attorneys, staff, us and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
 
  1. Lapsed Accounts: In order to keep Asian Network membership roster current, if a Member does not access his or her account for a period of 120 days or more, Asian Network may, in its sole discretion, terminate such Member's account. Web Asian Network will endeavour to notify a Member of Asian Network intent to terminate such Member's account by notice to such Member's provided email address at least 30 days prior to deactivation. If the Member fails to respond to such email notice with 30 days after the day it is sent by Asian Network, such Member's account will be terminated as noted above. Therefore, Asian Network strongly recommends that all Members keep their accounts and contact data current and in use. While Asian Network desires to prevent active accounts from being terminated prematurely, Asian Network has no obligation to maintain accounts that appear to Asian Network to have been abandoned. Each Member agrees that failure to access his or her account for 120 days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
 
  1. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
 
  1. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
 
  1. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
 
  1. Non-transferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents are not transferable and may only be used by you.
 
  1. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
 
  1. Posting content. Asian Network does not control the content of advertisements, bulletin boards, discussion groups or forums. It reserves the right to delete or edit Content at its discretion and to terminate access to or use of the Service. As well as these rules, you must comply with the rules posted for any particular discussion group or forum. You may not:
·         Post material in a forum or bulletin board or discussion group that contains advertising or 'spam'; or
·         Publish any content containing financial advice or recommendations regarding securities;
·         Publish anything defamatory, indecent, threatening, misleading or otherwise containing illegal content; or
·         Publish anything which invades personal privacy, is obscene, incites violence, violates copyright; or
·         Publish anything containing a virus or code designed to interrupt the Site.
 
By posting any content to the Site, you licence Asian Network to reproduce, modify or distribute that content in any form and you waive any moral rights that you may have in that content.
 
  1. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
 
  1. Return Policy. Due to the nature of our online site, and the products/services listed, we are Asian Network have a strict NO RETURN policy for any product/service. No product/service shall be able to be returned for a like item, or for a cash refund.
 
  1. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
 
  1. Selling Goods or Providing Services on This Site. You must be legally able to sell any goods or provide services on this Site and complete the sale with the buyer or supply the service advertised. The description of the goods or services you are selling or providing must be accurate and concise. We may delete or suspend your membership to this Site at any time if you fail to meet these conditions and do not act in good faith. You also agree not to infringe upon the copyright, trademark or other rights of third parties. You also agree not to in any way interfere or manipulate the price of goods and services on this site other than to bid. You also agree that any information you provide us with is true and correct and in no way affects the rights of others.
 
  1. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
 
  1. Termination. Asian Network may on notice to you and at its discretion terminate your access to all or part of the Site without the need to provide reasons.
 
  1. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
 
  1. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
 
  1. Use of Information. We reserve the right, and you authorise us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
 
  1. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES, PRODUCTS OR SERVICES OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF VICTORIA, AUSTRALIA. This site is created and controlled by Asian Network, a registered business in the State of Victoria, Australia. As such, the laws of Australian will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
 
  1. Verify Members' Address: Asian Network reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from Asian Network.