BOLLYOZ GENERAL CONDITIONS OF USE
By accessing or using this Website you agree to comply with the following terms and conditions, as amended from time to time. Please review them carefully.
Definitions
In these terms and conditions:
"Bollyoz" means all of the websites that bollyoz own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device). For a list of the websites that currently form part of Bollyoz, visit www.bollyoz.com.au.
"Client", “User”, “Subscriber”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions
"Material" means text, illustrations, photos, audio, video, any combination of these or other material.
"Terms" means these terms and conditions, together with the Bollyoz Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Bollyoz.
“Company”, "Us", "we" or "our" means Bollyoz and/or its related bodies corporate.
GENERAL
While bollyoz uses reasonable endeavours to ensure that the Bollyoz is available continuously, Bollyoz do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the Bollyoz may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
Except as expressly provided otherwise in the Terms, Bollyoz reserve the right to change or discontinue any website, feature or service (or part thereof) on the Bollyoz at any time.
Except as expressly provided otherwise in the Terms, Bollyoz reserve the right to change the pricing for any chargeable service or feature on the Bollyoz at any time without providing notice to you.
Registration as Member
To access or use certain parts of the Bollyoz, you must register as a member of the Bollyoz and/or a particular website that forms part of the Bollyoz. Generally, registration is free.
When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information. Bollyoz will treat your personal information strictly in accordance with our Privacy Policy.
You must not register as a member multiple times.
You must not impersonate or create a membership for any person other than yourself.
Bollyoz may at any time request a form of identification to verify your identity.
If you do register with us, you shall alone be responsible for maintaining the confidentiality of your log-in details you use to access the Website. You agree to complete our registration process and to provide us with current, complete and accurate personal and demographic information as prompted by the applicable registration form and to promptly update such information as necessary to ensure it is kept complete and accurate. The registration information provided by you may be used for market research, marketing, market strategy and other purposes and for making improvements to the Website. You are responsible for activities that occur under your log-in details. You agree to notify us immediately of any unauthorized use of your log-in details or any other breach of security. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage that you may incur as a result of or in connection with someone else using your log-in details, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your log-in details if you have been negligent or have willfully aided, abetted, assisted, or acquiesced in that misuse. You may not use anyone else's log-in details at any time to access the Website. The Company may disable your user ID and password in the Company’s sole discretion without notice or explanation. Bollyoz reserve the right to, in their sole discretion, suspend or terminate your membership or access to all or any part of the Bollyoz, including if Bollyoz believe you are abusing the services in any way, have breached the Termsor are no longer an active member.
Terms of Usage & Access:
Except as expressly provided herein, you shall not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Website in whole or in part. Provided further that you may download, view, copy and print documents and graphics from this Website subject to the following: (1) the documents and graphics should be used solely for personal, informational, non-commercial purposes; and (2) the documents and graphics should not be modified or altered in any way.
Your conduct
You must not use the Bollyoz in breach of any applicable laws or regulations;
You must not use the Bollyoz (or Material obtained from the Bollyoz) to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming"; to impersonate any person or entity; to solicit money, passwords or personal information from any person; to harm, abuse, harass, stalk, threaten or otherwise offend others; or for any unlawful purpose;
You must not use the Bollyoz to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person; contains, promotes, or provides information about unlawful activities or conduct; is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; exploits another person in any manner; contains nudity, excessive violence, or sexual acts or references; includes an image or personal information of another person or persons unless you have their consent; poses or creates a privacy or security risk to any person; you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; contains large amounts of untargeted, unwanted or repetitive content; contains restricted or password only access pages, or hidden content; contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or contains financial, legal, medical or other professional advice; interfere with, disrupt, or create an undue burden on the Bollyoz; use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Bollyoz; use the Bollyoz with the assistance of any automated scripting tool or software; frame or mirror any part of the Bollyoz without our prior written authorisation; use code or other devices containing any reference to the Bollyoz to direct other persons to any other web page; except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Bollyoz or cause any other person to do so; or delete any attributions or legal or proprietary notices on the Bollyoz.
Your Material
By uploading, transmitting, posting or otherwise making available any Material via the Bollyoz, you:
(a) grant us a nonexclusive, worldwide, royaltyfree, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
(b) except where expressly stated otherwise, also grant each user of the Bollyoz a nonexclusive, worldwide, royaltyfree, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
(c) warrant that you have the right to grant the abovementioned licences;
(d) warrant that the Material does not breach the Conditions; and
(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
Bollyoz reserve the right (but have no obligation) to:
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review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Termsor otherwise has the potential to harm, endanger or violate the rights of any person; and
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monitor use of the Bollyoz, and store or disclose any information that bollyoz collect, including in order to investigate compliance with the Termsor for the purposes of any police investigation or governmental request.
Bollyoz is not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Bollyoz by any person other than us. For the avoidance of doubt, bollyoz will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Bollyoz simply by facilitating others to post, transmit or other make Material available. Furthermore, bollyoz do not endorse any opinion, advice or statement made by any person other than us.
Notifying us
If you think that the Bollyoz has been accessed or used by another user in breach of the Conditions, please email us at supportqueries@bollyozdigital.com.au. Bollyoz will consider whether there are grounds for taking any action, but you won't necessarily be contacted as to our decision.
In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to supportqueries@bollyozdigital.com.au.
Intellectual Property
Except where expressly provided otherwise in the Terms, you do not have any right, title or interest in or to any proprietary rights relating to the Bollyoz.
The Bollyoz contains Material that is protected by copyright, trade mark and other laws. Bollyoz is the owner of the intellectual property rights in the Website and the materials contained therein. The Bollyoz’s logo and the logo of the Website is a registered trademark of Bollyoz. The brand names, logos, terms and designs featured on this Website are the intellectual property rights of the Bollyoz and shall not be used for any purpose without our specific written consent. Except where expressly provided otherwise in the Terms, you may reproduce and display the Material on the Bollyoz for your own personal, noncommercial use only. Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.
In particular, you may not use any Material on the Bollyoz to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Nothing displayed on the Bollyoz should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Bollyoz without the express written consent of the relevant owner.
Third party websites, advertising and activities
Bollyoz may feature or display links and pointers to websites operated by third parties on the Bollyoz.
Bollyoz is not responsible for any third-party web sites that you enter through our web site. Our Personal data policy does not cover data collected by any third-party web sites, so you should read the privacy statements of those web sites carefully. We do not monitor or review the content of other party’s websites which are linked to from this Website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Linked sites are not under the control of the Company and the Company is not responsible for the contents of linked third-party sites, indexes or directories, sites framed within this Site, or third-party advertisements, or any changes or updates to such sites. The Company does not make any representations regarding their content, accuracy or non-infringement. Please be aware that we are not responsible for the privacy practices, or content, of these sites.
Bollyoz does not control cookies from third-party web sites. The third parties are responsible for how these cookies work and how the personal data is processed.
In particular; when using our Safe Search feature, note that the feature runs on Google's search solution and you might be subjected to cookies that Google uses on its site. You can read more about Google's data collection practices on its web site and disable such cookies through your browser settings.
The practices on accepting or blocking third-party cookies vary by marketing campaign and are defined by the third party and applicable laws.
You must not link to the Bollyoz from any other website (or otherwise authorise any other person to link from a third party website to the Bollyoz) without our prior written consent.
The Bollyoz may feature or display third party advertising. By featuring or displaying such advertising, bollyoz do not in any way represent that bollyoz recommend or endorse the relevant advertiser, its products or services.
If you contact a third party using functionality provided on the Bollyoz, including via email, bollyoz do not accept any responsibility for any communications or transactions between you and the relevant third party.
From time to time, bollyoz may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. Bollyoz do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of Bollyoz's Privacy Policy. For example, the personal information you provide when registering on the Bollyoz may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that bollyoz believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation. If you wish to make a complaint or provide feedback about a privacy related matter, please email our Privacy Officer at privacy@bollyozmedia.com.au
Video Player
Bollyoz may allow you to share or embed some of the content in our Video Player on third party sites. Such content may not be used for commercial purposes except with our prior written consent, and content may only be shared or embedded in accordance with the functionality of the Video Player. No rights whatsoever in any content are granted to you by virtue of the sharing and embedding functions, and Bollyoz reserves all rights in relation to the content and the Video Player, including the right to require users of the Video Player to remove shared or embedded content for any reason in our absolute discretion. Users of the Video Player must comply with any request to remove content in a timely way, but in any case within one business day of the request being made. Users must display contact information on their website sufficient to allow Bollyoz to make contact and request player removal. Bollyoz does not make any warranty, representation or guarantee as to availability or any level of service and may disable the Video Player without notice.
Disclaimer
You use the Bollyoz at your sole risk.
Except where expressly stated otherwise, Material on the Bollyoz is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
Bollyoz do not make any representation or warranty that any Material on the Bollyoz will be reliable, accurate or complete, nor do bollyoz accept any responsibility arising in any way from errors or omissions.
Bollyoz will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Bollyoz, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
You acknowledge that bollyoz is not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Bollyoz in any circumstance.
Limitation of liability
You use the Bollyoz at your sole risk.
To the extent permitted by law, bollyoz exclude all conditions and warranties relating to your use of the Bollyoz that are not expressly set out in the Conditions.
To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:
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in the case of services supplied or offered by us:
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the resupply of those services; or
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the payment of the cost of having those services resupplied; and
(b) in the case of goods supplied or offered by us:
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the replacement of the goods or the supply of equivalent goods;
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the repair of the goods;
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the payment of the cost of having the goods replaced; or
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the payment of the cost of having the goods repaired.
In relation to any express warranty or condition set out in the Termsin connection with goods or services supplied or offered by us via the Bollyoz, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.
In no circumstances will bollyoz be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Bollyoz.
Indemnity
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that bollyoz may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Bollyoz, including any breach by you of the Conditions.
GST
GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax Invoice means tax invoice as defined by the Act.
Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Bollyoz are stated inclusive of GST. Where GST applies to any supply made to you, bollyoz will deduct the applicable GST and issue you with a Tax Invoice.
Severability
If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
No waiver
No waiver of any condition of the Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the shall not constitute a waiver of such right.
Affirmation regarding age
By using the Bollyoz, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
Applicable law
Governing law and jurisdiction
This web site is governed by and construed according to the law of the State of Victoria, Australia. It is a condition of use that users of this site agree to submit to the exclusive jurisdiction of the courts of Victoria and the federal courts of the Commonwealth of Australia.
Breaches of these terms and conditions:
Without prejudice to the Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Trans-border data flows
Where this web site hosts or transfers any personal information outside the state of Victoria such information will be managed in accordance with the requirements of the Information Privacy Act 2000.
Modification of terms:
We may modify these terms or any additional terms that apply to your usage and access of the Website. Such modifications will apply as soon as they are posted. If you do not agree to the modified terms, you should discontinue your use of this Website immediately.