Terms & Conditions

 

1. Introduction

This website at URL address: https://www.flipconnect.com.au (Website) is owned and operated by Flip TV Pty Ltd (ABN 78 600 712 230) (Flip).

Flip also owns the following domain names and web pages linked to the Website: https://www.fliptv.com.au

These Terms of use are important and govern your use of the Website. Please read them carefully. By using the Website you agree to be bound by these Terms of use. Flip reserves the right to change these Terms of use at any time without notice and by using the Website you agree to be bound by such changes. If you do not agree with the Terms of use please do not use the Website.

These Terms of use do not relate to your use of any product, service, process or technology described on the Website including the Flip IPTV service and you are referred to the individual product warranty relevant to that particular product, service, process or technology.

To report any problems regarding the Website, please contact Flip on 1300 354 788 or enquiries@flipconnect.com.au.

 

2. Privacy policy

The Flip Privacy policy is incorporated into and forms part of these Terms of use.

 

3. Intellectual property rights

Flip is the owner of all right, title and interest (including present and future copyright) in the Website.

All material including domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and all products, services, processes and technologies described on the Website (Material) are owned exclusively by Flip, its related bodies corporate or others who have licensed their material to Flip (unless expressly indicated otherwise).

For the avoidance of any doubt, the word Flip and all product and service names, design marks and slogans are the trade marks or service marks of Flip or its related entities.

 

4. Your use of the Website

You are granted a non-exclusive, non-assignable and non-transferable licence to use this Website only under these Terms of use.

You may use the Website and view and access the Material only for your personal and non-commercial use. Nothing in these Terms of use or the Website will be construed as granting to you ownership of the Material or any proprietary right to the copyright, trade marks, patents or other intellectual property rights of Flip, its related bodies corporate or any third party.

You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Materials except:

You may not use any trade mark or service mark appearing on this Website without the prior written consent of Flip or the owner of the trade mark.

You must not use any so-called spider or similar automated software or device to use or access the Website or the Materials in any way.

 

5. Your responsibilities

You may only use the Website for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms of use.

It is your responsibility to ensure that your use of the Website complies with the Terms of use and to seek prior written permission from Flip for any uses not expressly permitted.

Flip prohibits the use of the Website, for any of the following:

 

6. Submissions to Flip

If you are invited to post Content on the Website by Flip, Flip reserves the right (but assumes no obligation) to remove or amend any such Content. Flip reserves the right not to accept unsolicited Content or other material.

By submitting any Content to any public or non-public areas of this Website, you automatically grant Flip the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, perform and display such content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation.

You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant to Flip the rights and licence stated above. Subject to the foregoing, the owner of such Content placed on our Website retains any and all rights that may exist in such Content.

 

7. Career information

Flip may from time to time request applications from people interested in seeking employment with Flip . Flip may not confirm receipt or otherwise respond to an employment application but will endeavour to retain such application for a period 6 months from the date of receipt. Notwithstanding the previous section titled Submissions to Flip , Flip will protect your employment application in accordance with Flip’s Privacy policy.

 

8. Links and connections to other parties and other sites

The Website may contain links or other connections to websites operated by parties other than Flip (Links). These Links are provided for convenience only. If you use a Link to access a third party website, you do so entirely at your own risk. Flip’s inclusion of Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators. Websites accessed via Links may contain advertisements by other people. These advertisements are not recommendations or endorsements by Flip and Flip is not responsible for the products and/or services being advertised.

 

9. Disclaimers, warranty exclusions and limitation of liability

You acknowledge and agree that use of this Website is at your sole risk. Flip makes no representation or warranty:

To the fullest extent permitted by law, Flip, its related bodies corporate and their officers, employees, agents and contractors (Flip’s Group) disclaims all warranties of any kind (whether express or implied) in relation to the Website and the Material and will not be liable for any direct or indirect damage (including special and/or consequential damage, such as loss of business, loss of profits or loss of data) which results from any use or access of, or any inability to use or access the Website or the Material even if Flip or any other member of the Flip’s Group was made aware of the possibility of such damages.

Without limitation to the foregoing, the Flip’s Group acknowledges that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of the Website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction and in the case of Australia to the extent permitted by The Australian Consumer Law in the Competition and Consumer Act 2010 (Cth), the Flip’s Group limits its liability and if any liability remains it will be limited to any one or more of the following in its sole discretion:

Without limitation to the foregoing, you agree that the liability of Flip and the Flip’s Group, if any, arising out of any kind of legal claim or action in any way connected to the Website or the Material will not exceed the sum of AUD$1.00.

 

10. Indemnity

You indemnify Flip’s Group from and against all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of use.

 

11. Termination

Flip may, in its sole discretion and without prior notice to you, terminate your licence to access to the Website and the Materials if you breach these Terms of use.

 

12. Agreement

These Terms of use represent the entire binding agreement between you and Flip , and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Flip, the Website, or the information and contents on the Website.

 

13. Waivers of any obligation or right

No waiver of any obligation or right by Flip will be effective unless in writing and executed by Flip .

 

14. Applicable law

The Website is controlled by Flip from its offices in New South Wales, Australia. Flip makes no representation that the Material or the Website is appropriate or available for use in other locations. Those who chose to access the Website from locations outside of Australia do so at their own initiative and are responsible for compliance with local laws.

These terms will be governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

If any provision in these Terms of use is found to be invalid or unenforceable by a court of New South Wales, such invalidity or unenforceability will not affect the reminder of these terms and conditions which will continue in full force and effect.

 

Copyright © 2016. Flip TV Pty Ltd. All Rights Reserved.