Terms & Conditions
ABOUT THE WEBSITE
The website is owned and operated by Servcorp Limited ('Servcorp') located at the domain names www.servcorp.co.in ('the Website') and operating on the World Wide Web ('WWW').
The material on the Website is copyright © 2009 Servcorp Limited.
By using the Website and in consideration of us providing you with access to the Materials on the Website, you ('You' and 'User') agree to the following terms and conditions of use ('Terms and Conditions of Use'):
TERMS AND CONDITIONS OF USE
1. Use of Servcorp Website and Materials
- The information, graphics, materials, content and all works ('Materials' are intended to summarise our services and general matters of interest to existing and potential Servcorp clients).
- The Internet is not a secure medium and communications to and from the Website may be intercepted or altered in transit. We do not warrant that the Website is free from anything which may damage any computer which accesses the website or data on such computer.
- In using the Website, You are deemed to accept our Privacy Policy which appears on the Website.
2. Restrictions on Use
The Website and the information and facilities
contained on the Website must not be used in any unlawful way, or for any
illegal purpose, or in any manner that infringes the rights of Servcorp.
Servcorp reserves the right to permanently ban and/or notify the appropriate
authorities of any person that uses, or attempts to use, the Website for illegal
purposes, or who posts, or attempts to post, abusive, obscene, vulgar,
offensive, defamatory, hateful, threatening or sexually-oriented material.
In addition, you must not:
- data mine or conduct automated searches on the Website or the content on
the Website, whether through the use of additional software or otherwise;
- incorporate any of the content on the Website or the Materials, including
advertising or promotional material;
- create links from the Website to any other website on the Internet, or
frame or mirror the Website without our prior written consent;
- use the Website or any facilities available on the Website to defame,
harass, threaten, menace or offend any person;
- tamper with, hinder the operation of, or make unauthorised modifications
to the Website or any content on the Website;
- knowingly transmit any virus, worm or other disabling feature to or via
the Website;
- use the Website to send commercial, unsolicited or bulk electronic
messages to anyone or in any other way which would constitute an infringement
of the Spam Act 2003 (Cth); or
- use the Website or any facilities available on the Website for any
activities, or transmit to or via the Website any information or material
(including submitting ads), which:
- breach any laws or regulations;
- breach these Terms and Conditions of Use;
- infringe a third party's rights (including intellectual property rights,
rights of privacy or their trade secrets);
- are inappropriate, offensive, obscene, threatening, indecent,
inflammatory, pornographic, defamatory or confidential;
- are false or misleading;
- are discriminatory in breach of State or Commonwealth
anti-discrimination legislation; or
- identify a person or which can be used to identify a person (including
any copy, photos or other pictorial representations) unless you have
obtained that person's authority; or
- attempt to do, or permit another person to do, any of the above
acts.
You access the Website at your own risk and you are
responsible for compliance with the laws of your jurisdiction and these Terms
and Conditions of Use.
3. Access to the Website outside Australia
- We do not represent or warrant that the content on the Website complies
with the laws of any country outside of Australia. If you access the Website
from outside Australia, you do so at your own risk.
4. Intellectual property
- You may download and print individual advertising listings from the
Website for your own private, non-commercial use. Apart from this, You must
not use, reproduce, communicate, publish, or distribute any of the content on
the Website,unless this constitutes a fair dealing for the purposes of the
Copyright Act 1968 (Cth).
- In particular, you must not reproduce or use any of the advertising
listings on the Website for commercial purposes or for commercial
gain.
5. Limitation of liability
- Servcorp is making the Website available for Users to use, however it does
not assume a duty of care to Users. Servcorp makes no warranties or
representations regarding the quality, accuracy, completeness, merchantability
or fitness for purpose of the Materials.
- You should seek legal or other professional advice before acting or
relying on any of the Materials.Servcorp does not warrant or represent that
the Website or the Materials will not cause damage or are free from any
computer virus or any other defects or errors.
- Where any law implies a warranty into these terms of use which may not
lawfully be excluded, then to the maximum extent permitted by law, our
liability for breach of the warranty will at our option be limited to the
supply of the services again, or the payment of the cost of having them
supplied again.
- Where liability cannot be excluded, any liability incurred by us in
relation to the use of the Website or the content is limited as provided under
the Trade Practices Act 1974 (Cth).
- Under no circumstances will Servcorp be liable for any incidental, special
or consequential damages, including damages for loss of business or other
profits arising in relation to use or reliance on the materials on the
Website.
- You will at all times indemnify and keep indemnified Servcorp and its
respective officers, employees and agents (the 'Indemnified' from and against
any loss (including reasonable legal costs and expenses) or liability incurred
by any of those Indemnified arising from any claim, suit, action or proceeding
by any person against any of those Indemnified where such loss or liability
arose out of, in connection with, or in respect of, any breach of this
agreement by You.
6. Copyright in material on the Website
- Unless otherwise indicated, we reserve all copyright in the content and
design of the Website and the Materials. Servcorp owns all such copyright or
use it under licence or applicable law.
- Other than for the purposes of and subject to the conditions prescribed
under the Copyright Act 1968(Cth) (or any other applicable legislation
throughout the world), or as otherwise provided for in this copyright notice,
no part of any Materials may in any form or by any means (including framing,
screen scraping, electronic, mechanical, microcopying, photocopying or
recording) be reproduced, adapted, stored in a retrieval system or transmitted
without the prior written permission of Servcorp.
- Servcorp is the owner of several registered trademarks which appear on the
Website.Unauthorised use of these trademarks will infringe our intellectual
property rights.
- Servcorp reserves all other rights in the Materials and the Website.
7. Links from the Website
- Servcorp makes no warranties or representations that material or content
on other web sites to which the Website is linked does not infringe the
intellectual property rights of any person anywhere in the world.
- Servcorp is not, and must not be taken to be, authorising infringement of
any intellectual property rights contained in material or content on other
sites.
8. Uploading information to the Website
You represent and warrant in
relation to any material, content and/or information you provide to the Website
that:
- You will not knowingly transmit any worm, virus or other disabling feature
to or via the Website;
- You are authorised to provide the material and/or information;
- the Material and/or information is not defamatory or a malicious falsehood
in relation to any product, service, person or corporation;
- the Material and/or information is not the 'passing off' of any product or
service and does not constitute unfair competition;
- the Material and/or information does not infringe any intellectual
property right including, but not limited to, trade marks, service marks or
business names (whether registered or unregistered), confidential information
and copyright;
- the Material and/or information does not infringe any legislation or
regulations of the Commonwealth of Australia and the State of New South Wales
including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair
Trading Act 1987 (NSW) and equivalent state and territory legislation
9. Applicable Law
- If any part of the Terms and Conditions of Use are found to be void,
unlawful or unenforceable then that part will be deemed to be severable from
the balance of the Terms and Conditions of Use and the severed part will not
affect the validity and enforceability of any remaining terms and conditions.
- The law applicable to use of the Website and the Materials and to disputes
arising out of the Website, the Materials and the Terms and Conditions of Use
are governed by, and construed in accordance with the laws of the state of New
South Wales, Australia.
- You agree to the exclusive jurisdiction of the courts of New South Wales,
Australia to determine any dispute arising out of the Terms and Conditions of
Use.
10. Indemnity
By using the Website, You indemnify Servcorp against any
claim or proceeding that is made, threatened or commenced, and any liability,
loss, damage or expense (including reasonable legal costs on a full indemnity
basis) that Servcorp incurs or suffers as a direct or indirect result of:
- a breach by You of these Terms and Conditions of Use;
- an actual or alleged breach by You of any law, legislation, regulation,
by-law or code of conduct caused by any advertisement posted on the Website;
- any claims brought by or on behalf of any third party relating to any act
or omission by you caused by any advertisement placed on the Website; or an
advertisement or any proposed advertisement posted by you on the
Website.
11. General
- Servcorp may change the Terms and Conditions of Use at its discretion and
without notice. A version of the current Terms and Conditions of Use will be
available on the Website as they are changed. This legal disclaimer is in no
way limited or altered by any other terms or conditions on the Website.
- If any of these Terms and Conditions of Use are invalid, unenforceable or
illegal, that term will be struck out and the remaining terms will remain in
force.
- If Servcorp does not act in relation to a particular breach by You of
these Terms and Conditions of Use, this will not be treated as a waiver by
Servcorp of its right to act with respect to subsequent or similar
breaches.
- This document and any warranties implied by law which are not capable of
being excluded or modified embody the whole agreement between the parties.
- Payments made through this website are only for the first initial month of purchased Virtual Office services. Subsequent months will be invoiced and charged separately.