1.0 PLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE USING THIS INTERNET SITE These Terms of Use describe the
terms and conditions under which you, the user, are granted the
right to use the Internet sites operated by a Future Corporation
Pty. Ltd. (referred herein as “Future Corporation”) and of certain
Future Corporation Affiliates, including this Internet site
(“Internet site”).
1.1 TO AVOID DOUBT THE FOLLOWING WORDS, GROUPING OF WORDS OR PHRASES
SHALL HAVE THE FOLLOWING MEANING:
“Account” and “Account Holder” means your unique registration with Future
Corporation and its Affiliates within a Customer Portal to securely
store and manage your details under the Terms and Conditions of Sale
and Privacy Notice published on our website, and any software
products you may have licensed with us.
“Affiliate” means any corporation, company, or other entity that directly or
indirectly sells Future Corporation software licenses under
Agreement between the parties.
“Authorised Dealer” means an individual or a business (incorporated or
otherwise) that has been approved and authorised by Future
Corporation under a separate agreement to carry (store or stock) the
Software to promote, support and sell it to end-users.
“Credit-Card” means a payment device lawfully issued to the bearer by a Major credit
card company including all debit cards, digital wallet, and any other payment method that is accepted by Future
Corporation, its Affiliates.
“Customer Portal” means a private and secure gateway to a collection of
services, access to and control over the information you provide to
Future Corporation or its Affiliates, software downloads and other
services accessible over the Internet through a web browser and/or
the Software.
“Documentation” means any accompanying printed materials, Software License, and any
other Agreement you may have with Future Corporation relating to the
Software, and online (Future Corporation Internet sites); or its
electronic equivalent.
“Future Corporation” means a Future
Corporation Pty. Ltd. A.C.N. 078 538 022 of Unit 43, 328 Reserve Rd,
Cheltenham VIC. 3192 Australia.
“Future Corporation and its Affiliates” means
a collective group of parties including (i) Future Corporation and
(ii) any third party referred to herein as an Affiliate (Authorised
Dealer).
“Hardware Serial Number” means a unique number
affixed to a device sold with OEM Software that may be used to
identify that device and any rights to the Software.
“Internet” means the global computer network commonly referred to as the world wide
web.
“License Management Regime” means the
system employed by Future Corporation and the Software to manage the
Software's Licensing on a computer.
“Online” means access to and/or interaction with the global computer network
commonly referred to as the Internet or world wide web via a
computer or other device whether it be unrestricted or otherwise.
“Operating System” means an interface between a computer user and
computer hardware. An operating system is a software which performs
all the basic tasks like file management, memory management, process
management, handling input and output, and controlling peripheral
devices such as disk drives and printers.
“Opt-Out” means an action of an Account Holder withdrawing their consent to
receive any specific or all Communications from Future Corporation
or from sending statistical data to Future Corporation.
“Possession or Control” means (i) the effective
ownership or proprietorship of the Software License notwithstanding
the legal ownership or proprietorship thereof, and/or (ii) the
effective ownership or proprietorship of a computer or device
notwithstanding the legal ownership or proprietorship thereof that
has any prior or actual relationship with, or to, the Software.
“Product” means the version of the Software licensed by Future Corporation under
the terms of this Agreement.
“Product Life” means the period from where a version of the Software
is released for licensing to the public (the current version) and
remains current up until such time as a subsequent or replacement
version (Upgrade) is released for licensing to the public (see
Upgrade below).
“Product Serial Number” or “PSN” means the
unique and identifying number for each Future Corporation Software
product which incorporates a PSN and does not relate to any
Hardware product or item.
“Software” means (i) computer software (including its compiled code), and/or (ii) a
computer program including plugins, snap-ins, modules and/or
components (including their respective code), and (iii) any modified
versions and copies of, and upgrades, updates and additions to the
Software; and (iv) all of the information with which the Software
License Agreement is provided, including but not limited to Future
Corporation or third party software files and other computer
information but does not include the physical: (i) media
(including but not limited to discs and the hardware security
device), (ii) written (printed) materials, (iii) packaging, and (iv)
any other similar materials.
“Strong encryption” means a method of data
encryption that is less susceptible to having its key discovered by
a third party through what is commonly referred to as brute force
attack, hacking or cracking.
“Subscription Software” means a payment method for a Software license on an
indefinite monthly basis until cancelled (i) by the licensee, or
(ii) for non-payment by the licensee.
“Software License Number” or “SLN” means the
unique and identifying number for each Future Corporation Software
product which incorporates a SLN and does not relate to any
Hardware product or item.
“Subsidiary” means Affiliate for the purposes of this Agreement (see above).
“Supplier” means an individual, or a business, or a corporation which has and/or
continues to provide Future Corporation with any goods, intellectual
property and/or services to assist Future Corporation in designing,
creating, producing, and delivering the Software.
“Technical support” means the identification and attempted remedy
(successful or otherwise) of an error, bug or an unexpected
circumstance pertaining or relating to the Software when used in
accordance with the Software's documentation, the Operating System
and directions from Future Corporation via email, user forums,
knowledgebase, online ticketing, facsimile, telephone and/or by any
other appropriate means, undertaken by an authorised Future
Corporation representative; and does not mean (i) training,
or (ii) the consulting or consultation of the applicability,
suitability or otherwise of the Software, or any explanation of how
to use the Software or any other Software or Hardware product, or
(iii) how it is supposed to, or does function except to the extent
to remedy a technical matter and does not include assistance,
advice or support of any third party software, computer hardware,
cutting or printing device, machine or any related equipment that
(i) is not functioning correctly or as it ordinarily should, or (ii)
is faulty, or (iii) is misconfigured, or (iv) is incapable of
working with the Software, or (v) is subject to malware, a virus, a
Trojan or otherwise malicious software or firmware.
“Use” means the opening and/or installation (loading) of the Software with an
Operating System and its manipulation and/or exploitation on a
computer or device by a user.
“User” means the individual or legal entity that is licensed to use the
Software or has effective control of the Software, which is referred
to herein as “you” and/or “your”.
“Valid Credit Card” means credit card for the
purposes of this Agreement (see above).
“Validly Received Order” means an order to
purchase a software license via an online cart or service where the
information provided by the purchaser and the payment method used is
accepted prima facie as genuine and subsequently processed and paid
by a third party payment processor, including but not limited to:
AliPay, American Express, Cirrus, Delta, Digital River, Diners Club,
Discover Card, JCB, Maestro, MasterCard, PayPal, Stripe, Visa, Union
Pay, WeChat, Wire Card.
“Written notice” means any method of delivering written advice to the
recipient including but not limited to (i) email, (ii) facsimile,
(iii) post, (iv) courier, or (v) hand delivery and if the written
notice is delivered to the ordinary or registered address of the
recipient it does not require third party or independent
verification to effect legal notification.
2.0 USE OF SOFTWARE The
Software products and accompanying documentation that are made
available to download from this Internet site are the copyrighted
work of Future Corporation, its Affiliates and/or its Suppliers, see our Copyright notice. Use of the
Software is governed by the terms of the Software License Agreement,
which accompanies or is included with such Software. You will not be
able to download or install any Software that is accompanied by or
includes a Software License Agreement unless you agree to the terms
of such Software License Agreement. If you
do not agree to these terms, you are not Authorised or permitted to
use the Software or any related services from this Internet site.
3.0 USER AGREEMENT BY USING THIS INTERNET SITE YOU
REPRESENT YOU ARE NOT UNDER THE AGE OF 13 AND AGREE TO BE BOUND BY
THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER
POLICIES POSTED ON THE INTERNET SITES.
Your use of this
Internet site is contingent on this agreement, and if you do not
agree, you must cease using this Internet site. Your electronic
acceptance of these Terms of Use and other posted policies through
your use of this Internet site shall have the same force and effect
as if you had actually signed an agreement embodying these terms.
Future Corporation may change these Terms of Use at any time by
posting changes on this page of the Internet site. It is your
responsibility to review these Terms of Use prior to each use of the
Internet site. By continuing to use the Internet site, you agree to
any such changes.
In addition, you agree to be responsible
for your Internet service provider fees, telecommunications and all
other charges that may apply as a result of using this Internet site
and the downloading of any associated materials thereof.
4.0 INTERNET SITE AND CONTENT
4.1 Internet Site
Availability We may change, suspend or discontinue
availability of any aspect of the Internet site at any time. We may
also impose limits, registration requirements or fees on certain
features or services or restrict your access to parts or the entire
Internet site without notice or liability.
In addition, the
Internet site contains links to other Internet sites, resources, and
sponsors, partners, or advertisers on the Internet site. We are not
responsible or in any way liable for the availability of these
outside resources, or their contents, and accordingly, you should
direct any concerns regarding any link or other Internet site to the
site administrator or webmaster of such site.
4.2
Links/Advertisements/Search Engines This Internet site may
link to other sites operated by third parties which may include our
partners. The inclusion of any link to such sites does not imply
endorsement or recommendation by the Internet site, or by Future
Corporation, its Affiliates, its Suppliers, or its Authorised
Dealers of these sites, but is for your reference and convenience
only. We are not responsible for the content or accuracy of any
off-site pages, or any other sites linked to the Internet site or
their suitability or legality in Australia or your Country. Linking
to any other off-site pages or other sites is at your own risk and
subject to the terms and conditions of use of those sites.
This Internet site may contain advertisements by third parties.
Unless otherwise specifically stated on the Internet site, we do not
endorse or make any representation or recommendation regarding the
quality, or accuracy of any products or services featured in, or
linked to any advertisement that may appear on this Internet site.
Unless otherwise
prohibited under these Terms of Use or under Linking & Permissions,
you are permitted to create hyperlinks to the content on the
Internet site (including deep linking to articles or pages within
the Internet site), provided that (i) you acknowledge and agree to
the guidelines, terms and conditions as set forth under Linking &
Permissions; and (ii) the hyperlink text accurately describes the
content as it appears on the Internet site; and (iii) no scraping or
procurement of the content by any means (i.e. extracting content
from the Internet site and reformatting it, aggregating it with
other content or redistributing it other than in its complete
originally displayed format); and (iv) under no circumstances may
you “frame” this Internet site or any of its content or copy
portions of the Internet site to a server, except as part of an
Internet service provider’s incidental caching of pages; and (v)
each page within the Internet site must be displayed in full
(including all trademarks, branding, advertising and promotional
materials), unaltered without any accompanying frame, border,
margin, design, branding, trademark, advertising or promotional
materials not originally displayed on the page within the Internet
site. We reserve the right at any time in our absolute discretion to
revoke this permission generally, or your right to use specific
links. If you have any questions regarding these linking policies
you may contact us, or if you wish to link in a manner not
Authorised in these Terms of Use, you must get our prior written
permission (see Contact Us below).
4.3 Currency
Unless expressly stated otherwise all
prices, fees and charges listed in and throughout this Internet site
is in United States Dollars ("USD"); and all foreign currency
conversions are calculated at http://www.xe.com.
4.4 No Advice
The content on this Site is provided for
general guidance and is not intended to be advice. You should seek
professional advice and assistance before you take any commercial
decisions or actions.
4.5 No Representations or
Warranties Future Corporation, its Affiliates, its Suppliers
and/or its Authorised Dealers make no representations or warranties
as to the validity, truthfulness, accuracy, or legality of any
content on the Internet site, including without limitation any
content submitted by any user (see Legal Terms below).
4.6 Errors and Omissions Excluded
("E&OE")
Any and all content including but not
limited to: information, prices, links, forms and other materials
(i) contained in; and (ii) forming part; and/or (iii) downloadable
from this Internet site (collectively the "content") may change and
although Future Corporation makes every effort to keep such content
on this Internet site up to date and accurate, it may contain errors
and/or have omissions and Future Corporation hereby disclaims any
liability or responsibility to you, other or third party for such
errors and/or omissions of such content of, or related to, this
Internet site.
5.0 USER CREATED CONTENT
5.1
Submissions You must be at least 13
years old to contribute content to this Internet site. By submitting
any material (text, photos, lessons, videos or other content) to
Future Corporation either through the Internet site or physical
delivery, you agree to be bound by these Terms of Use, and to the
terms of any Software License Agreement you have with Future
Corporation or its Affiliates, its Suppliers or its Authorised
Dealers. Such License terms are available through this Internet
site, each Software program’s Internet site and on the disc or
download that the Software was supplied with and may be updated at
any time. It is your responsibility to review and understand these
terms at the time of your submission.
Through your submission of any materials of any kind (whether
text, photos, lessons, video or other content) and to the extent
permitted by applicable law you grant to Future Corporation and its
Affiliates the irrevocable, nonexclusive, worldwide, royalty-free,
fully paid-up, transferable and sub licensable right and license to
host, index, cache, tag, encode, use, copy, modify, adapt, transmit,
excerpt, remove, publish, distribute, publicly display and perform,
and create derivative works of, in each case in any media now or
hereafter known and in any manner for any non-commercial or
commercial purpose (collectively “Use”) the content submitted by you
with no monetary or other compensation at any time. By making any
submission and to the extent permitted by applicable law, you waive
any moral rights you may have if the materials are changed in a
manner not agreeable to you. Future Corporation has no obligation to
provide attribution for any content you post. If you do not agree to
these terms, do not submit any content.
Nothing in these
Terms of Use prohibits you from redistributing or selling your
original content to other parties.
You are solely responsible
for all content that you post, email, or otherwise make available
through the Internet site. For all content provided by you, you
agree to indemnify Future Corporation Media and its affiliates as
provided in Legal Terms below.
5.2 Content Submission
Rules and Restrictions By submitting any content, you
represent and warrant that: (i) you either own the content or have
all necessary rights to use and submit it; and (ii) all information
you provide is true, accurate and complete, and does not violate
these Terms of Use or the terms of any third party license; and
(iii) the content will not cause injury, embarrassment, loss or harm
to any person or entity.
You agree not to submit any content
in any forums, chats, emails or otherwise that:
is libellous, defamatory, obscene,
pornographic, or otherwise illegal.
is threatening, abusive or disruptive to
other users (including without limitation repetitive,
meaningless messages, personal attacks, content constituting
spam, etc.).
abuses or discriminates on the basis of
race, religion, nationality, gender, sexual orientation, age,
region, disability, etc.
infringes any party’s intellectual
property rights, including without limitation copyrights and
trademarks.
impersonates another person or misquotes
another person.
violates any applicable law, or violates
any party’s rights; or,
offers or advertises any goods or
services or solicits any funds or consideration.
In addition, you agree not to contact
any Users of the Internet site (including through off-line
communication) for the purpose of threatening, harassing, or abusing
them due to their content submissions on this Internet site.
You are solely responsible for the content you submit. Future
Corporation does not and cannot review every submission made and is
not responsible for the content of any submissions. However, content
that is deemed inappropriate or in violation of these Terms of Use,
in Future Corporation’s absolute discretion, will be removed from
public view. You may contact us if you disagree with any removal
(see Contact Us below); however, all decisions regarding content and
compliance with these Terms of Use will be determined by Future
Corporation in its absolute discretion. If you disagree with these
conditions, do not submit any content.
5.3 Identity and
Privacy You must use a consistent handle or account name for
any submissions you make, and you may not submit content under
another person’s name or by proxy. If you are an elected official,
you must submit content identifying yourself as such when posting
about a political issue. Sock puppets are not permitted (i.e., using
a fake or alternate identity to post content for a deceptive
purpose, such as without limitation, praising a person or company
without disclosing an underlying affiliation with that person or
company).
We reserve the right to include your real name on
your internet postings if required through registration or otherwise
provided to us, or when republishing your material in a printed
edition of one of our publications.
Future Corporation does
not warrant or claim to have verified the identity of any user.
There may be users who participate under a false identity and Future
Corporation shall not be held responsible or liable by you or any
third party for any reliance placed upon or expected thereof the
true identity of any user.
For information on our privacy
policies regarding personal information gathered on the Internet
site, please see our Privacy Policy link at the bottom of the page.
5.4 Face-to-Face (Live) Meetings This Internet site
may offer some social networking opportunities, including enabling
users to create profiles that are designed to allow individuals to
meet each other for any purpose. In addition, any posting to the
Internet site will be publicly viewable, and your identity may be
discovered by other users. We cannot vouch for the safety of offline
meetings of individuals you meet through the Internet site, and such
meetings are held at your sole risk and liability. Furthermore, you
are advised to be careful not to accidentally divulge personally
identifying information about yourself, including but not limited to
your telephone number(s), street addresses, URLs, social media
username, or email addresses publicly on the Internet site. If you
do provide this information on the Internet site or to a third party
who you met through the Internet site, it is at your sole risk and
absolute liability. In addition, if you choose to submit content to
the Internet site in an area that requires that your real identity
be disclosed, you do so at your sole risk and liability.
6.0 INTERNET SITE REGISTRATION
6.1 Registration
Some areas of this Internet site may require registration in order
to gain access or submit content. You may not create more than one
account unless expressly permitted in the registration rules. If you
create multiple accounts, you are prohibited from creating the
appearance that multiple accounts controlled by you are in fact all
different individuals.
6.2 Termination You agree
that in our sole judgment and at our absolute discretion that we or
our agent may terminate your account at any time with or without
cause.
Termination for cause may include, but is not
limited to:
violations of these Terms of Use.
violations of other posted rules of
conduct.
violations of law or intellectual
property rights.
harassment or belittling conduct toward
individuals, companies or other third parties.
an expression of your unwillingness to
abide by these terms and conditions or other clearly posted site
rules.
failure to abide by the instructions for
guidelines of forum moderators, editors, or other Authorised
members of the community to provide such moderation.
failure to provide real, verifiable
information about your true identity where requested or
instructed.
Termination of a user’s account may
include any of the following actions:
(i) a complete deletion
(non-recoverable) from all files, databases and any and all storage
mechanism of the user’s files, uploads, content, and personally
identifiable information. In such a case, neither Future Corporation
nor its Affiliates, Suppliers and/or Authorised Dealers have any
obligation to retrieve or restore deleted data, or otherwise make
good in any fashion the loss of such data; or,
(ii) user
data, including without limitation submitted content, errant code or
personal information, may also be hidden from public view, but not
destroyed. In such a case, neither Future Corporation nor its
Affiliates, Suppliers and/or Authorised Dealers are under any
obligation to retrieve or restore such data.
Users who are
terminated are prohibited from creating new accounts without prior
written consent of Future Corporation. Users who are terminated for
cause may apply for a new account after more than 30 days has
passed, and Future Corporation will determine in its absolute
discretion whether to reinstate. Users may also appeal account
termination by writing to:
Webmaster A Future
Corporation Pty Ltd ABN 55 078 538 002 GPO Box 3431
Melbourne VIC 3001 AUSTRALIA
When applying for a new
account, or appealing a termination decision, please include print
outs of all relevant data, emails, postings, including the domain
name where the primary account was held and the date the account was
terminated. Once your termination is under review, all subsequent
communication will be through email, so please be sure to include a
current and working email address with your correspondence. You
acknowledge and agree that Future Corporation will make the final
determination in its absolute discretion as to any terminated
account, or reapplication for a new account after termination and
that this represents your sole and exclusive remedy for any
terminated account.
7.0 LEGAL TERMS
7.1 NO
REPRESENTATIONS OR WARRANTIES AS TO INTERNET SITE SUBJECT TO
ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, ALL CONTENT,
INFORMATION, SERVICES AND SOFTWARE ON THIS INTERNET SITE IS PROVIDED
BY FUTURE CORPORATION, OR ITS AFFILIATES ON AN “AS-IS” BASIS. FUTURE
CORPORATION AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES
THAT (I) OPERATION OF THIS INTERNET SITE (DATA OR SERVICES AND/OR
ANY PRODUCTS OBTAINED FROM THE INTERNET SITE) WILL BE UNINTERRUPTED
OR ERROR FREE; OR (II) THAT DEFECTS WILL BE CORRECTED, OR (III) THAT
ANY FUTURE CORPORATION INTERNET SITE OR THE SERVERS THAT MAKE SUCH
CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
AND (IV) DO NOT PROVIDE ANY WARRANTY AS TO THE USE, MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE, SUFFICIENCY OR ACCURACY OF ANY
CONTENT, INFORMATION OR SERVICE (INCLUDING BUT NOT LIMITED TO
TECHNICAL SUPPORT, CUSTOMER SERVICE, REGISTRATIONS, INTERNET FORMS,
KNOWLEDGEBASE OR ANY USER FORUMS). FUTURE CORPORATION AND ITS
AFFILIATES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU
MAY OBTAIN BY USING THE INTERNET SITE OR ANY OF THE SERVICES
PROVIDED THEREFROM. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF USING THIS INTERNET SITE AND ANY AND ALL SERVICES
THEREOF IS ASSUMED BY YOU. ALL WARRANTIES, CONDITIONS,
REPRESENTATIONS, INDEMNITIES AND GUARANTEES AS TO THE INTERNET SITE
AND THE SERVICES PROVIDED THEREFROM BY FUTURE CORPORATION AND ITS
AFFILIATES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM,
EQUITY, COURSE OF DEALING, USAGE, PRIOR ORAL OR WRITTEN STATEMENTS
BY FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS
AUTHORISED DEALERS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, INTEGRATION, SECURITY, QUIET
ENJOYMENT, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT) ARE HEREBY
OVERRIDDEN, EXCLUDED AND DISCLAIMED.
7.2 LIMITATION OF
LIABILITY UNDER NO CIRCUMSTANCES SHALL FUTURE CORPORATION,
ITS AFFILIATES, ITS SUPPLIERS OR ITS AUTHORISED DEALERS (OR THEIR
DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR AGENTS), BE
LIABLE TO YOU OR ANY OTHER PERSON, THIRD PARTY OR ENTITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, SPECIAL OR CONSEQUENTIAL
DAMAGES INCLUDING LOST PROFITS, LOSS OF PRODUCTION, LOSS OF DATA,
LOSS OF GOODWILL OR CREDIT, LOSS OF REPUTATION, LOSS OF OPPORTUNITY,
LOSS OF ANTICIPATED SAVINGS, OR WHICH CONSISTS OF A CLAIM FOR
PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY NATURE
WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STATUTE, ON ANY OTHER THEORY OF LAW, OR OTHERWISE, THAT RESULT FROM
(I) THE USE OF, OR THE INABILITY TO USE, ANY FUTURE CORPORATION
INTERNET SITE, OR INTERNET SERVICE (INCLUDING BUT NOT LIMITED TO
TECHNICAL SUPPORT, CUSTOMER SERVICE, REGISTRATIONS, INTERNET FORMS,
KNOWLEDGEBASE OR ANY USER FORUMS) OR CONTENT, OR (II) THE CONDUCT OR
ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A FUTURE
CORPORATION INTERNET SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF
FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS
AUTHORISED DEALERS AND/OR A FUTURE CORPORATION REPRESENTATIVE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR
OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR AUD$50
(WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY
RELATED TO ANY FUTURE CORPORATION INTERNET SITE. MOREOVER, UNDER NO
CIRCUMSTANCES SHALL FUTURE CORPORATION, ITS AFFILIATES, ITS
SUPPLIERS OR ITS AUTHORISED DEALERS (OR THEIR DIRECTORS, EMPLOYEES,
CONTRACTORS OR AGENTS), BE HELD LIABLE FOR ANY DELAY OR FAILURE IN
PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE
MAJEURE OR CAUSES BEYOND FUTURE CORPORATION, ITS AFFILIATES, ITS
SUPPLIERS OR ITS AUTHORISED DEALERS (OR THEIR DIRECTORS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS OR AGENTS) REASONABLE CONTROL.
FUTURE CORPORATION OR ITS AFFILIATES MAY TERMINATE YOUR FURTHER
ACCESS TO FUTURE CORPORATION INTERNET SITES OR CHANGE THE FUTURE
CORPORATION INTERNET SITES OR DELETE CONTENT OR FEATURES IN ANY WAY,
AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE
TERMS OF USE APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
IF YOU DO NOT ACCEPT THE FOREGOING LEGAL
TERMS DO NOT USE THIS OR ANY FUTURE CORPORATION INTERNET SITE.
INSTEAD CONTACT FUTURE CORPORATION (SEE CONTACT US BELOW).
7.3 Indemnity You agree at your expense to indemnify and
hold harmless, Future Corporation and its Affiliates and each of
their respective partners, suppliers, Authorised dealers, licensors,
officers, directors, shareholders, employees, representatives,
contractors, subcontractors and agents, from any and all claims,
suits, actions and investigations, and any costs, expenses,
liabilities or damages therefrom (including attorney/solicitor fees
and court costs) arising from or relating to any allegation
regarding: (a) your use of the Internet site; (b) the Internet
site’s or Future Corporation or its Affiliate’s use of any content
or information you provide, as long as our use is not inconsistent
with these Terms of Use; (c) information or material posted or
transmitted through your registration account or User ID, even if
not posted by you; and (d) any violation of these Terms of Use by
you (collectively Claims).
Future Corporation reserves the
right to select counsel and conduct the defence or settlement of any
such Claim, which shall not relieve you of your obligation to
indemnify as provided above.
7.4 Governing Law and Venue
The agreement regarding these Terms of Use has been made in and
shall be construed and enforced in accordance with Victorian State,
and only to the extent applicable Australian Commonwealth law,
without regard to its principles of the “conflict of laws” or
“private international law”. Any action to enforce this agreement
shall be brought in the federal or state courts located in Melbourne
in the state of Victoria in Australia, and you hereby waive any
objections to such action. You acknowledge and agree that neither
will Future Corporation, its Affiliates, and/or its Authorised
Dealers, or will you, bring a legal action under these Terms of Use
more than: (i) six (6) years after the cause of action in tort or
breach of contract arose; or (ii) more than three (3) years after
the cause of action for personal injury arose; or (iii) more than
one (1) year after the cause of action for defamation arose as
legislated in Victoria under the Limitation of Actions Act.
7.5 Severability If any provision of these Terms of Use is
found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms of Use, which shall remain in
full force and effect to give the maximum effect to the intent of
the parties.
7.6 Waiver No waiver of these Terms of
Use shall be deemed a further or continuing waiver of such term or
condition or any other term or condition.
7.7 Copyright
Violations Users are prohibited from uploading, posting or
otherwise transmitting on the Internet site any materials that
violate another party's intellectual property rights. When we
receive proper notification of alleged copyright infringement, we
promptly remove or disable access to the allegedly infringing
material and terminate the accounts of repeat infringers in
accordance with the Copyright Act. If you believe that any material
on the Internet site infringes upon any copyright which you own or
control, please notify us at legal@iifuture.com (Please
direct all general questions to webmaster@iifuture.com).
8.0 CONTACT US
General Questions: If you have any
questions about these Terms of Use, please contact us in one of the
following ways: