Terms of Use
We may change the format and content of the site, including these terms and conditions, at our sole discretion from time to time. You should check these terms each time you revisit the site
1. USE OF THE SITE
1.1 References to "we", "us" or "our" throughout www.newimagetv.com.au ("the Site") are to New Image TV International which operates the Site.
1.2 The use of the Site and the purchase of any goods from the Site are governed by these terms and conditions. We reserve the right to modify these terms and conditions from time to time without notice to you.
1.3 There is no charge imposed by us for accessing the Site but you must pay the cost of the communications link you use to visit the Site.
1.4 Access to the Site may be suspended, restricted or terminated at any time.
2. LINKS TO OTHER WEB SITES
We accept no responsibility for web sites or other information, practices or products of other parties linked to the Site. Your dealings with persons found via the Site are between you and such persons and we will not be liable for any loss or damage arising out of such dealings.
3 .CUSTOMER COMPLAINTS
We endeavour to respond to all complaints within five working days. Any customers wishing to complain about any of our services may do so contacting us via the details shown on the contact us page.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CUSTOMER
4. DISCLAIMERS
4.1 Prior to entering into a contract with you we reserve the right to change, modify, remove or substitute without notice any information shown on the Site. Any prices shown are subject to change without notice.
4.2 We exclude liability to you for any unforeseeable loss or damage which you may suffer as a result of our negligent performance of any services provided to you except in relation to death and personal injury. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS IN RELATION TO THE GOODS.
4.3 You acknowledge that all measurements are approximate and that the reproduction of colours is as accurate as the photographic and production process will allow.
5. DATA PROTECTION
5.1 By submitting an order you agree to the processing by us of your personal information and the disclosure of that information as set out in this Clause 4.
5.2 We may use any personal information provided to us by you or obtained by us from any third party relating to you for any purposes relating to the provision of our goods and services.
5.3 We may notify you by e-mail, fax, telephone, post or short message service about goods and services available from us. If you would prefer not to receive such information please - click here to contact us by email
5.4 We may disclose any personal information provided to us by you or obtained by us from any third party relating to you to:-
5.4.1 any person, firm or company to whom we may sell the whole or a substantial part of our business or to whom we may transfer any part of our rights or obligations under this Agreement.
5.5 For the purposes of assisting us in providing our goods and services and maintaining and supporting any equipment utilised by us we may need to disclose or provide access to personal data held by us relating to you to the supplier of such equipment or any third party providing maintenance and support services. Any such disclosure or access will be made under strict terms of confidentiality.
5.6 Any such disclosure or transfer referred to above may take place via electronic means using the internet (or otherwise).
5.7 The disclosures which we may make under Clauses above may involve the transfer of personal data relating to you to countries that may not have in place rules relating to data protection and privacy of personal data which are equivalent to those in the Australasia.
6. INTELLECTUAL PROPERTY
6.1 All rights in the Site design, text, graphics and other content, and the selection and arrangements thereof belong to, or are licensed to us.
6.2 You are allowed to copy or print hard copy portions of the Site for the sole purpose of placing orders with us or our partners. Any other use of materials on the Site, including reproduction for purposes other than those stated above, is strictly prohibited.
7. THIRD PARTY RIGHTS
The statutory right of any person other than you or us to enforce any of these provisions is excluded.
8. SEVERANCE
If any term shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term shall to that extent be deemed not to form part of these terms and the enforceability of the remainder of the terms shall not be affected. Except that if the contract is unworkable without such terms then the contract shall be void and unenforceable.
9. HEADINGS
Headings are for reference purposes only and shall not be incorporated into the terms and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
10. WAIVER
No failure on our part to exercise any right or remedy under these terms shall operate as a waiver of that right or remedy and no waiver by us of any breach of these terms by you shall operate as a waiver of any subsequent breach.
11. ASSIGNMENT
You may not assign or transfer or attempt to assign or transfer any of you rights and obligations under these terms without our consent.
12. FORCE MAJEURE
We will not be responsible for any failure to deliver goods to you or for any delay to goods which is caused by events or circumstances beyond our reasonable control or that of our suppliers, which shall include without limitation, industrial disputes, act of God, war, civil commotion, malicious damage, compliance with any law or governmental order or rule, regulation or direction.
13. GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with English law and any disputes shall be referred to the non-exclusive jurisdiction of the English Courts.
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