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EXPORT61
TERMS AND CONDITIONS
Export61 is an information service from Newsta Pty. Ltd.
By completing the registration process, including the registration form, accepting these Terms and Conditions, and using Export61, you (the Subscriber) indicate your agreement to be bound by all of the terms in this document and accept services provided by Export61 on "AS IT IS" basis.
Subscription to Export61 is limited to parties that can lawfully enter into and promote trade contracts under the applicable law. When you register you must provide your real personal details. Export61 operates on the assumption that what you provide us with is correct. You are obliged to notify us immediately if there are any changes in your registration information. Export 61 reserves the right in its sole discretion, to reject any registration.
Term of Subscription
The term of the Subscription will commence on the date of the Subscriber’s registration and will continue, subject to the payment of Newsta Pty. Ltd. invoice by the Subscriber for the period of twelve months after the end of trial period and thereafter will be renewed annually by the Subscriber upon payment of the prevailing annual subscription fee determined by Newsta Pty. Ltd.
Trial Period
Notwithstanding anything appearing herein to the contrary, in the event the subscriber does not wish to proceed with the subscription after the trial period, then the terms and conditions stated herein shall lapse forthwith, with no further obligations whatsoever (monetary or otherwise) arising between the parties.
Reservation of Rights
Newsta Pty. Ltd. reserves the right to change these Terms and Conditions at any time. The changes will appear in this document, which the Subscriber can access at any time in the Subscribers Area section of the site. If the Subscriber does not agree to the changes, the Subscriber may cancel the subscription. If the Subscriber does not indicate an agreement, but continues using Export61, the Subscriber is deemed to agree to be bound by the changes.
Export61 will store the information the Subscriber provided as part of the registration process, and provide aggregate statistical information about Export61 subscribers to other parties.
Termination
Newsta Pty. Ltd. may terminate, or discontinue or change the Subscriber’s subscription to Export61 by notification to the Subscriber by e-mail or facsimile. The Subscriber may always terminate the subscription at any time and must notify Newsta Pty. Ltd. by facsimile or e-mail of the Subscriber’s decision to terminate the subscription.
The subscription fee paid by the Subscriber is not refundable if this Agreement has been terminated by the Subscriber or by Newsta Pty. Ltd. as a cause of the Subscriber’s breach of terms and/or conditions of this Agreement.
Subscriber’s License to EXPORT 61
By providing or placing any information or other material on Export61 (including posting messages, uploading files, inputting data of engaging in any other form of communication), the Subscriber grants to Export61 a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
- Use, copy, sub-license, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
- Sub-license to any third party the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. The Subscriber expressly waives in favour of Export61 and any other party authorised by Export61 all moral rights and any similar rights in any jurisdiction, which may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Export61, the Subscriber will execute and deliver to Export61 such instruments and take such other actions as may be requires to carry out this grant of license and waiver.
Input, Access, Correction and Upgrade of Information
The Subscriber may input, add, edit or delete the Subscriber’s information independently or providing the information to Newsta Pty. Ltd. The information inputted or provided must be correct, accurate and timely. The Subscriber will confirm the information inputted by Newsta Pty. Ltd. by e-mail or facsimile. If the confirmation is not received by Newsta Pty. Ltd. within three working days, the information is considered been confirmed.
The information the Subscriber provides to Newsta Pty. Ltd. is kept in a secure environment accessed only by authorised persons. The Subscriber will always have access to the information provided and to the aggregated statistical information available on Export61. The Subscriber can add, edit or delete information, except for the mandatory items required for the subscription. The Subscriber may access information using username and password that will be provided within three working days after registration.
Limitation of Liability
Newsta Pty. Ltd. does not guarantee continuous, uninterrupted or secure access to our services, and operation of Export61 may be interfered with by numerous factors outside of our control.
IN NO EVENT SHALL EXPORT 61 BE LIABLE FOR LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WITH ANY DELAY OF OR INABILITY TO USE EXPORT61, WITH ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH EXPORT61, OR OTHERWISE ARISING OUT OF THE USE, OF INTENDED USE, OF EXPORT61, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OF OTHERWISE, EVEN OF EXPORT 61 HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Indemnity
The Subscriber hereby indemnifies Newsta Pty. Ltd. in respect of any loss or damage action, claim, suit or proceeding against Newsta Pty. Ltd. by any person or entity arising out of the use of Export61 by the Subscriber including but not limited to breaches of the Trade Practices Act (C’th) 1974 and the Fair Trading Act (Vic) 1999.
The Subscriber acknowledges & accepts that it has not relied on any representations made by Newsta Pty. Ltd. apart from those expressly stated in this Agreement.
The Subscriber releases Newsta Pty. Ltd. from all any obligations/ liability, rights or claims or remedy in tort whether or not arising from the negligence of Newsta Pty. Ltd.
Force Majeure
Newsta Pty. Ltd. shall not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire/ explosions, Acts of God, War/ governmental action, or any other cause that is beyond the reasonable control of Newsta Pty.Ltd.
Miscellaneous
The Subscriber may not assign the Subscriber’s rights or obligations to anyone. Nothing herein is intended to confer any right, remedy or claim upon any person, firm or corporation other than the Subscriber and Newsta Pty. Ltd.
These Terms and Conditions and any policies or guidelines Incorporated by reference constitute the complete and entire expression of the agreement between the Subscriber and Newsta Pty. Ltd.
Jurisdiction
These Terms and Conditions and the implementation or thereof shall be governed by the laws in force in the State of Victoria, Australia and any party hereto irrevocably submits to the exclusive jurisdiction of the Courts of Victoria including Federal Courts in Victoria.
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