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Pioneer Electronics Australia Website Terms and Conditions of Use
Welcome to the Pioneer Australia website (“Site”). Your access and use of this Site and any of the material (whether visual, written or audible) made available on this Site (“Content”) is subject to these terms and conditions of use and the Privacy Statement (together “the Terms and Conditions”) and any other laws or regulations which apply to this Site.
PLEASE READ CAREFULLY BEFORE USING THIS SITE. ACCESS TO AND USE OF THIS SITE IS PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. USE OF THE SITE CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS. IF THEY ARE NOT ACCEPTED IN FULL BY YOU, USE OF THIS SITE MUST BE TERMINATED IMMEDIATELY.
Pioneer Electronics Australia Pty Ltd (“Pioneer Australia”) may change these Terms and Conditions and the Content (including adding to, removing or varying any products and/or services advertised displayed on this Site), at any time without notice. Amendments will be effective immediately upon notification on this Site. Your continued use of this Site following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
- RESTRICTIONS ON USE OF MATERIALS
This Site and the Content are supplied for information purposes only. You may view this Site and Content for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation. You must not adapt, reproduce, copy, modify, distribute, store, transmit, publish, display, communicate to the public, create derivative works from the use of any part of this Site or the Content, or commercialise any information obtained from any part of this Site without the prior written consent of Pioneer Australia or, in the case of third party material, from the owner of the copyright in that material. Without limiting the above, you must not and must not attempt to or permit another person to use the Site or any Content in any way which:
- is unlawful, offensive or results, or could result, in damage to property or injury to any person, including by harassing or threatening people; or
- infringes Pioneer’s or any other person’s rights (including intellectual property rights and moral rights).
If you download Content from the Site, the Content is deemed to be licensed to you by Pioneer Australia. Neither title nor intellectual property rights are transferred to you, but remain with Pioneer Australia. Modification or use of Content for any other purposes violates the intellectual property rights of Pioneer Electronics Australia or its affiliated companies (together, “Pioneer”). Use of Content on any other website or networked computer environment is prohibited. You agree to prevent any unauthorised copying of the Content. You must not resell, redistribute, decompile, reverse engineer, disassemble or otherwise convert any software from this Site to a human perceivable form.
Pioneer hopes that the information on this Site is entertaining and interesting for you, but Pioneer is not liable for any damages you suffer from use of the Site. Pioneer takes all reasonable care in developing this Site and the Content. However, Pioneer does not warrant or represent that:
- this Site and any of the Content (including any product descriptions or specifications displayed on this Site) is complete, current or free from errors or omissions;
- your access to this Site and the Content will be continuous, uninterrupted, timely, free from errors, faults or viruses, or secure;
- the products or services advertised on this Site will be suitable for any particular purpose or will always be available. You must investigate for yourself the availability, suitability, quality and condition of any products or services advertised on this Site, and it is your responsibility to verify any information advertised or displayed on this Site before relying on it.
- You acknowledge and agree that you enter and use this Site and the Content at your own risk.
THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PIONEER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PIONEER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIONEER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PIONEER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL PIONEER BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING WHATSOEVER FROM USE OF THE SITE OR THE CONTENT, INCLUDING WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE. WHERE PIONEER’S LIABILITY CANNOT BE EXCLUDED UNDER ANY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), PIONEER LIMITS ITS LIABILITY TO THE RE-SUPPLY OF THE RELEVANT CONTENT OR SERVICES (AS APPLICABLE). NOTHING IN THIS CLAUSE 3 AFFECTS OR LIMITS A CUSTOMER’S RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW.
- JURISDICTIONAL ISSUES
This Site is intended for use within Australia. Unless otherwise specified, the Content is presented solely for the purpose of promoting products available and to be used in Australia. Pioneer does not represent or warrant that this Site or the Content complies with the laws of any country outside of Australia or that the products displayed on this Site are appropriate or available for use in other locations. Those who choose to access this Site or the Content from locations other than Australia do so on their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable.
Pioneer is pleased to hear from you and welcomes your comments regarding Pioneer’s products and services. However, don’t send Pioneer information or post it on this Site unless you are willing to let Pioneer have it and willing to let the world know about it. All remarks, suggestions, ideas, graphics, or other information communicated to Pioneer through or as a result of this Site (together, the “Submission”) will forever be the property of Pioneer Australia. Pioneer will not be required to treat any submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Pioneer operations.
Without limitation, Pioneer Australia will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. You acknowledge and agree that Pioneer Australia will be entitled to use, reproduce, disclose and distribute the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Pioneer, have full responsibility for its content, including its legality, reliability, appropriateness, originality, or copyright.
If Pioneer makes available a discussion group or bulletin board on this site, you, and not Pioneer, take full responsibility and liability for the content and for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might post or encounter.
- PRICING INFORMATION
Unless otherwise indicated, all prices on this Site are the manufacturer’s suggested retail prices in Australian dollars and may vary at retail locations. Please check with your local authorised Pioneer retailer or reseller. All prices are subject to change without notice.
- LINKS TO OR FROM THIS SITE
This Site may be linked to or from websites which are not maintained or controlled by Pioneer (“third party sites”). Third party sites are not part of this Site. These links are provided by us solely for your convenience. Pioneer makes no representations or warranties whatsoever about any third party site. Pioneer does not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave this Site and do so entirely at your own risk.
Pioneer collects, uses and discloses personal information in accordance with its Privacy Statement.
- APPLICABLE LAWS
The Terms and Conditions (and your dealings with Pioneer Australia) shall be governed by and construed in accordance with the laws of the state of Victoria, Australia without giving any effect to any principles of conflicts of law. In the event of any dispute or controversy arising from this Site, the parties mutually consent to the jurisdiction of the courts of the state of Victoria. The parties further agree that venue for litigation arising from this Site shall be exclusively in the state of Victoria, Australia. In the event of any suit or other proceeding with respect to the subject matter of these Terms and Conditions, the prevailing party (which shall be deemed to be the party entitled to recover costs of suit, whether or not the suit proceeds to final judgment) shall be entitled to recover legal fees in addition to such other relief as the court may award.
- OTHER RIGHTS
Pioneer may suspend, terminate or limit your access to this Site at any time without notice. Where your access to this Site is terminated, all disclaimers and limitations of liability set out in these Terms and Conditions will survive. If any of these Terms and Conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force. Any rights not expressly granted herein are reserved by Pioneer.
The names, images, logos and pictures identifying Pioneer’s products and services in many countries are proprietary marks of Pioneer. Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, copyright, or other proprietary rights of Pioneer or any third party. All product names and company names are registered trademarks of their respective owners.
- YOUR REVIEWS AND COMMENTS
We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of pioneer.com.au, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.
We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
Guidelines for submitted content: You may post reviews, images, comments and other content, given that the content is not unlawful, obscene, menacing, insulting, invasive of privacy, breaching intellectual property rights, or in other ways objectionable or harmful to third parties. Also, it cannot consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a fake e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.