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1. Introduction

In these Terms and Conditions, “we”, “us” and “our” means Somers Carroll Pty Ltd ACN: 050 236 069. Please read these Terms and Conditions carefully as they apply to your use of our web pages and Website (www.heyhey.tv) and the service offered by us on the Website as described in clause 2 below (Service). By using the Website and the Service you agree to be bound by these Terms and Conditions. We may revise these Terms and Conditions from time to time by updating this posting. The revised terms will take effect when they are posted.

2. Services and Fees

  1. The Website provides (among other things) a service by which you can obtain information about our business.
  2. We reserve the right at any time to charge or amend the fees (if any)payable by you for the purpose of using the Website and to vary or amend the terms and conditions which cover such fees for your access or use of any part of the Website and/or the Service.

3. Registration

You may be required to register with us in order to access the Website or to make use of the Service. Where you are required to register:

  1. You must provide us with true, accurate, complete and current registration information;
  2. You must safeguard and keep confidential any user name and password which apply you;
  3. Where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password;
  4. you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware;
  5. You may cancel your registration at any time by notifying us;
  6. We reserve the right to discontinue or cancel your registration at our sole discretion without notice if you do not visit the Website or use the Service for an extended period of time, if you breach any of these terms and conditions or any applicable law or if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.

4. Licence to use the Content on the Website

  1. You acknowledge that the Website, the Service and all related Content (including but not limited to artwork, graphics, text, copy, data, video and audio recordings and clips, software, advertisements) are subject to copyright and possibly other intellectual property rights (Intellectual Property Rights) which are protected by law.
  2. We grant you a limited, non-transferable licence to access and use the Website, the Service and the Content solely for your personal, non-commercial purposes and only for these purposes.
  3. We (or our licensors) retain all right, title, and interest in and to the Website, the Service and the Content, and nothing you do on or in relation to the Website, the Service or any of the Content will transfer any Intellectual Property Rights to you (except for the licence referred to in paragraph 2 of this clause) or, licenses you to exercise any Intellectual Property Rights whatsoever.
  4. Except as provided in these Terms and Conditions, permission to reprint or electronically reproduce the Website, the Service or any Content in whole or in part for any purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at [email protected] if you wish to obtain such consent.
  5. Subject to any applicable law, we may revoke the permission referred to in paragraphs 2 and 4 of this clause at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website or the Service without notice.

5. Your Representations and Warranties

You represent and warrant that you will not use the Website or the Service for any purpose that is unlawful or prohibited by these Terms and Conditions.

6. Indemnity

You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website or the Service or resulting from, or alleged to result from, your use of the Website or the Services, where such use was in a breach of your Representations and Warranties in clause 5, or in breach of any of these Terms and Conditions.

7. Use of the site is at your own risk

You use the Website and Service at your risk. You must evaluate and bear all risks associated with the use of any Content, including reliance on the accuracy, completeness or usefulness of any material or content. In particular:

  1. We endeavour to provide a convenient and functional Website and Service, but we do not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the Website or Service or the server(s) that operates them are free of viruses or other harmful components; and
  2. While we may attempt to keep Content on the Website or the Service current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on the Website or the Service.
  3. We accept no liability for standard and/ or excess data download usage charges that you may incur or become liable for as the result of streaming Content available via our Service. It is your sole responsibility to understand the data usage and pricing contract that you have with your internet service provider or mobile data provider, to monitor your usage and to assess the impact of the streaming of Content via our Service on your data usage and liability for additional charges.
  4. If your use of the Website or the Service results in the need for servicing or replacement of property, material, equipment or data, we will not be responsible for such costs.
  5. Without limiting the above provisions, to the extent permitted by law, everything on the Website and in relation to the Service including the Content is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law.

8. Limitation of Liability

1. To the maximum extent permitted by law:

  • We have no liability to you, whether for breach of these terms, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these Terms and Conditions, the Website, the Service or any Content;
  • We will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website, the Service or any Content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know of the possibility of such damage; and
  • Our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
    • i. A. in the case of goods: (A) the replacement of the goods
    • iii. B. in the case of services: (A) the supply of the services or the supply of equivalent goods; (B) the repair of such goods; (C) the payment of the cost of replacing the goods or acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; and again; or (B) the payment of the cost of having services supplied again.

2. Subject to our obligations under any implied conditions and warranties referred to in Clause 7 (3), our maximum aggregate liability for all claims under or relating to these Terms and Conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to A$100. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in paragraph 1 subparagraph c of this section.

9. Variations of the Website and Service

You acknowledge that we may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website, the Service and the Content and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.

10. Links and Advertisements

We have not reviewed all of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website (including without limitation sites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on the Website are solely between you and such advertisers.

11. Privacy Policy

In using the Website and the Service, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information in accordance with our Privacy Policy and you acknowledge that our privacy policy forms part of these Terms and Conditions.

12. General

  1. If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
  2. These terms and conditions are governed by the laws of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia.
  3. These terms and conditions constitute the entire agreement between us and you in relation to the Website and your use of the Service and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the Service.
  4. Your use of the Service is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Service, including sending you electronic notices.

The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions will survive cancellation of your registration or termination or expiry of these Terms and Conditions.

13. Content

This material is presented as originally created. It may contain outdated cultural depictions.