• Terms of Use 

    Last revised as of 29th August 2013

    Notice: Before using this website, we recommend that you read through these Terms of Use carefully, save or print a copy for future reference, and also read our Privacy Policy.

    Agreement to be Bound 


    By accessing this website, continuing to access this website, or downloading materials from this website, you agree to abide by these terms of use. If you do not agree to abide by these terms of use, do not use this website or download materials from this website.
     

    Interpretation  



    When we refer to “you” or “your” in these terms, we mean the person accessing this website. If the person accessing this website does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
     

    Copyrights and Other Intellectual Property  


    This website is copyright by MiTAC International Corporation ("we", "our" or "us") and/or our licensors and we reserve all rights. You may inquire about rights to reproduce content from this website by e-mailing us using the technical support e-mail address below.

    ALL RIGHTS IN ALL MATERIALS POSTED ON THIS WEBSITE EITHER BELONG TO US OR ARE LICENSED BY US AND WE MAY HAVE THE RIGHT TO SUE AND OTHERWISE ENFORCE INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS. YOU MAY NOT COPY ANY MATERIAL FROM THIS WEBSITE WITHOUT OUR EXPRESS PERMISSION IN WRITING SIGNED BY US.

    Trademarks of others are the property of their respective owners. We make no claim to the trademarks of others. Nothing on this website should be construed as granting any licence or right of use of any trademark displayed on this website in the absence of written consent from us or the relevant affiliate or third party owner of the trademark.
     

    Limited License 

    Subject to these terms of use, we grant to you a non-exclusive, non-transferable, limited right to access this website and the materials thereon. You may use this website for informational purposes and in connection with the purchase of products or services from us.
     

    No Interruption 


    You agree not to interrupt or attempt to interrupt the operation of this website in any way.
     

    Use of Materials 


    We authorize you to view and download materials from this website only for your use in connection with the purchase or evaluation of our products and services or in the exercise of any membership rights described in this website. This authorization is not a transfer of any rights in the materials held by us or our licensors. Except to the extent permitted by law, any copies you make of the materials (including by printing or by retaining electronic copies) are subject to the following restrictions:

    (1) You may not remove, or disassociate, from any of the materials any copyright or other proprietary notices contained in the materials;

    (2) You may not modify, reproduce, display, perform, distribute, prepare derivative works from, or otherwise use the materials for any purpose not expressly permitted by these terms of use; and

    (3) You may not transfer the materials to any other person.
     

    Information Posted on this website  


    Except where this website expressly indicates that your information will not be publicly disclosed, you must not provide to us any information that you do not want published on this website or presented to other users of this website. To the extent that you provide to us any information by posting it on this website or submitting to us any information for posting on this website (including text, graphic materials, audio, or any other materials):

    (1) You represent and warrant to us and to all others that access this website that you own all such information (or possess sufficient rights in that information to grant the rights you are required to grant in relation to that information under these terms of use) and that we (and all users of this website) may regard such information as publicly disclosable and, in any case, not confidential information;

    (2) You represent and warrant that you have the authority to grant to us the right to use the likeness of any person appearing in any graphic material in the commercial promotion of our products and/or services and you grant to us that right;

    (3) You grant to us an exclusive, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, display, publicly perform, prepare derivative works from, transmit and distribute such information as we see fit;

    (4) You grant to us the right to sue or to otherwise enforce all intellectual property rights in such materials (including the right to sue for past infringement) including, without limitation any user of this website or other person who copies, replicates, duplicates, or windows any such materials; and

    (5) We are free to use any ideas, concepts or know-how contained in such information without any compensation or remuneration to you.
     

    Where we collect personal information from you, it is collected and managed by us in accordance with our Privacy Policy, a copy of which is available on this website.

    Misuse of this website 


    You may not make any statements on, or provide or post any information to, this website that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that, without due authorization, incorporates the proprietary material of another person.
     

    Revisions to Terms of Use 


    We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these terms of use at any time. Changes in these terms of use will be effective when the revised terms of use are posted on this website. Your use or continued use of this website after any changes to these terms of use are posted will be deemed acceptance of those changes. PLEASE READ THESE TERMS OF USE AND THE RELATED PRIVACY POLICY EVERY TIME YOU ACCESS THIS WEBSITE TO MAKE SURE THAT YOU CONTINUE TO AGREE TO THEIR TERMS.
     

    Changes to this website 


    We may terminate, change, suspend, or discontinue any aspect of this website, including the availability of any features of this website, at any time. We may also impose limits on certain features and services or restrict your access to parts or this website or one or more entire sites without notice or liability. We may terminate the authorization, rights, and license given above and, upon such termination, you must immediately destroy all materials that you obtained from or through this website and that are in your possession or control. We are not responsible for any unauthorised changes to this website. Errors are subject to correction.
     

    International Users 


    This website is intended for use by persons in Australia or New Zealand.  We make no representation that materials at this website are appropriate or available for transmission to or from, or use in, locations outside of Australia and New Zealand.  Accessing this website from any jurisdiction where its contents are illegal is prohibited. You may not use this website or export the materials in violation of import or export laws and regulations. If you access this website from a location outside of Australia and New Zealand, you are responsible for compliance with all local laws.
     

    Choice of Law, Jurisdiction, and Venue 


    These terms of use are governed by the laws of New South Wales and each party irrevocably and unconditionally submits to the non‑exclusive jurisdiction of the courts of that jurisdiction.
     

    Limitation of Actions 


    Except for any claim in relation to the Consumer Guarantees (as defined below), or where to do so would contravene legislation or cause all or part of this clause to be void, you must commence any suit or other action in connection with your use of this website within one year after events giving rise to the claim or cause of action occur.
     

    Partial Invalidity 


    If, for any reason, a court of competent jurisdiction finds any provision of these terms of use or any privacy policy, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms of use and the privacy policy, and the remainder of these terms of use and the privacy policy shall continue in full force and effect.
     

    Responsibility for Username and Password 


    We may provide to you a username and a password to use in accessing this website. Until you notify us otherwise and we have had a commercially reasonable time to respond to your notice, we may, and will, assume that every transaction entered into, every authorization received, and every act or omission undertaken using your username and password are fully authorized by you. Except to the extent that your password or account are compromised by our negligence, you are entirely and absolutely responsible for all activity performed using your username and password. KEEP YOUR PASSWORD CONFIDENTIAL. DO NOT WRITE IT DOWN. CHANGE IT OFTEN. DO NOT USE COMMON WORDS OR NAMES OF PETS, FAMILY MEMBERS, CELEBRITIES, OR OTHER WORDS THAT ARE EASILY GUESSED.

    Passwords may be disabled by us without notice to you if we consider that to be necessary to maintain the integrity or security of this website.
     

    Other Provisions  


    Certain areas and features of this website contain terms and conditions specific to those areas and features. Such terms and conditions are in addition to these terms of use and prevail over these terms of use only to the extent it is not possible to construe these terms of use consistently with such other terms and conditions.
     

    Warning regarding Other Users of Website 


    WE DO NOT INVESTIGATE OR VET ANY USERS OF THIS WEBSITE OR ANY THIRD PARTY OPERATORS OF WEBSITES HYPERLINKED TO OR REFERRED TO ON THIS WEBSITE. YOU SHOULD NOT ASSUME THAT ANY INFORMATION YOU RECEIVE THROUGH THIS WEBSITE OR ANY LINKED WEBSITE OR IN ANY HYPERLINK CONTAINED IN A LINKED WEBSITE FROM ANY OTHER PERSON IS TRUE, ACCURATE, OR VERIFIED BY ANYONE. Except under the Consumer Guarantees (as defined below), or where this exclusion would contravene legislation or cause all or part of this clause to be void, WE ARE NOT, AND WILL NOT BE, LIABLE TO YOU FOR ANY DAMAGES, COSTS, SUITS, ACTIONS, LOSSES, OR ANY OTHER HARM THAT RESULTS FROM YOUR USE OF ANY INFORMATION PROVIDED BY OR THROUGH THIS WEBSITE OR RESULTING FROM ANY ACT OR OMISSION OF ANY OTHER PERSON, WHETHER A USER OF THIS WEBSITE OR OTHERWISE.
     

    Liability and Consumer Guarantees 

     

    In these terms of use:

    "Australian Consumer Law" has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Commonwealth of Australia);

    "Consumer" has the meaning given to that term in section 3 of the Australian Consumer Law, or section 2 of the New Zealand Consumer Guarantees Act 1993, as the context requires; and

    "PDH Goods or Services" means goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption.

    Under the Australian Consumer Law (and other similar legislation of Australian states and territories) and the New Zealand Consumer Guarantees Act 1993, certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer ("Consumer Guarantees").

    Where you as a Consumer acquire goods and services from us under these terms of use:

    (a)     in Australia or New Zealand, where the goods or services are PDH Goods or Services, the operation of the applicable Consumer Guarantees cannot be, and are not in these terms of use, excluded, restricted or modified;

    (b)     in Australia (or Consumer Guarantees are otherwise conferred in relation to those goods and services by Australian law), where the goods or services are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to (at our option): (i) in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and (ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied; or

    (c)     in New Zealand (and paragraph (b) above does not apply), where the goods or services are not PDH Goods or Services or you are acquiring them for the purposes of a business, then you acknowledge and agree that the New Zealand Consumer Guarantees Act 1993 does not apply, 

    and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these terms of use or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.  To the extent permitted by law, we exclude from these terms of use all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom, except any guarantee, implied term or right conferred under any legislation (including the Australian Consumer Law and the New Zealand Consumer Guarantees Act 1993, the exclusion of which would contravene legislation or cause all or part of this clause to be void.

    To the extent permitted by law and subject to the preceding paragraphs of this 'Liability and Consumer Guarantees' section of these terms of use, we (including our officers, employees and agents) exclude all liability (whether arising in contract, tort (including negligence) or otherwise) for any personal injury or any other loss, cost, damage or expense (including loss of profit, revenue, data, business, opportunity and goodwill), whether direct, indirect, special or consequential, arising in any way out of or in connection with this website or these terms of use.

    While we do our best to ensure this website is secure, we do not warrant that the website is free of viruses, malicious computer code or other forms of interference that may damage your computer or any other device, or that access to this website will be uninterrupted, timely or secure. Your use of this website is at your own risk.