Legal: Terms And Conditions | Chalo Australia

Welcome to the Chalo Australia (“Chalo Australia”) website (the “site”) hosted at www.chaloaustralia.com. This Agreement contains the terms, covenants, conditions and provisions (the “Terms of Use”) upon which you ( “you” or the “User”) may access and use the Site.

Terms Of Use

Your access to and use of the Site is conditional upon you agreeing to be bound by these Terms of Use. By visiting the Site, you, the User, indicate that you understand these Terms of Use and intend them to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms of Use and agree to be legally bound and to abide by them without any limitation or qualification. If you do not agree to these Terms of Use, please discontinue your use of the Site.

Please note that Chalo Australia reserves the right to change the Terms of Use under which the Site and their offerings are extended to you. Any such change shall be effective upon notice, which may be given by Chalo Australia posting such change on the Site, by e-mail, or any other reasonable way. If a change is notified by a posting on the Site, it shall be deemed to take effect when posted; if a change is notified by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is notified in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of Chalo Australia. Your continued use of the Site following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use on the Site, delivered by e-mail, or provided in any other reasonable way constitutes reasonable and sufficient notice.

1. USE OF SITE

You may use the Site in accordance with, and subject to your continued compliance with, these Terms of Use. You may print and download materials and information on the Site solely for personal and non-commercial use, or only to the extent permitted by an Other Agreement (defined in 21 below) for internal business use, provided that in all cases all hard copies contain all copyright and other applicable notices contained in such materials and information, and for the purpose of doing business with Chalo Australia. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame or otherwise use any information or material obtained from or through the Site. As a further condition of use of the Site, you warrant to Chalo Australia that you will not use the Site for any purpose that is unlawful, prohibited by any applicable regulation or is otherwise inconsistent with these Terms of Use. You further warrant that you will not attempt or actually systematically extract data contained in the Site to populate databases for internal or external use.

2. PROVISION OF INFORMATION

When you provide information to Chalo Australia through the Site, you agree to provide true, accurate and current information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or conceal your identity from Chalo Australia for any purpose.

3. INTELLECTUAL PROPERTY RIGHTS

All material contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, Australian copyright and trademark law, as well as other state, federal, and international laws and regulations. Except as expressly provided herein, Chalo Australia does not grant any express or implied right(s) to you. Copyright and other proprietary rights in the Site, or portions thereof, may be held by individuals and/or entities other than Chalo Australia. Removing or altering the copyright notice on any material on the Site is prohibited. Chalo Australia owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site’s content.

Chalo Australia, its logo, and all other trademarks, names, logos, and icons identifying Chalo Australia or Chalo Australia’s services are proprietary marks of Chalo Australia, and are registered and/or common law trademarks of Chalo Australia, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Chalo Australia. In addition, all intellectual property rights in the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, belong to Chalo Australia and may not be copied, imitated or used, in whole or in part, without the prior written permission of Chalo Australia. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Chalo Australia.

The contents of this Site are © 2018 Chalo Australia. All rights reserved worldwide.

4. COMPLIANCE WITH APPLICABLE LAWS

Your access to the Site is governed by all applicable federal and state laws. You agree to fully comply with all such laws.

5. CODE OF CONDUCT

You agree not to do any of the following:

  1. Post, upload to, transmit, distribute, store, create or otherwise publish any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by Chalo Australia) information or material.
  2. Post, upload to, transmit, distribute, store, create or otherwise publish any information or material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
  3. Use the Site to post, upload to, transmit, distribute, store, create or otherwise publish any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
  4. Post, upload to, transmit, distribute, store, create or otherwise publish any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining whether any material is protected by copyright, trademark or other proprietary right rests with you. You are solely responsible for determining whether any material you post, upload to, transmit, distribute, store, create or otherwise publish is subject to a third party’s rights. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission.
  5. Use the Site for any unlawful purpose.
    Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
  6. Impersonate any person or entity, or misrepresent any affiliation with another person, entity or association.
  7. Post, upload to, transmit, distribute, store, create or otherwise publish any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose (and subject to applicable Site rules).
  8. Misuse any e-mail function available on or through the Site. This includes, without limitation:
    1.  sending unsolicited commercial e-mail to any account that causes complaints from the recipients,
    2. continuing to send commercial e-mail to a recipient if recipient has requested that you discontinue such communication,
    3. sending bulk e-mails, “spam,” chain letters, “mail bombs,” or other disruptive transmissions, or
    4. forging message headers or otherwise concealing an e-mail address or preventing others from responding to a message, or attempting to do so.

6. WEBSITE MATERIAL NOT LEGAL ADVICE

The content – including publications – on this website is intended only to provide a summary and general overview on matters of interest. It is not intended to be comprehensive nor does it constitute legal advice. We attempt to ensure that the Content is current but we do not guarantee its currency. You should seek legal or other professional advice before acting or relying on any of the Content.

7. ASSUMPTION OF RISK

Use of the internet and this Site are solely at your own risk and are subject to all applicable state, federal, and international laws and regulations. While Chalo Australia has endeavoured to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the internet cannot be guaranteed. Accordingly, Chalo Australia and its associates, employees, agents, directors, proprietors, partners, representatives, shareholders, servants, solicitors, predecessors, successors and assigns are not responsible for the security of any information transmitted via the internet. You assume sole and complete risk for using this Site and must make your own determination as to these matters.

8. LAW ENFORCEMENT

Chalo Australia reserves the right to view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording may be subject to review by law enforcement organisations, including in connection with investigation or prosecution of possible criminal activity on the Site. Chalo Australia will also comply with all court orders involving requests for such information.

9. LINKS TO OTHER SITES; THIRD-PARTY SERVICES

This Site may contain or provide information regarding applications, products and/or services provided or offered by third parties. Chalo Australia is merely an information provider and is not a referral service, and it does not recommend or endorse any such third-party applications, products and/or services or monitor or have any control over such third-party applications, products and/or services. Therefore, Chalo Australia makes no guarantee, representation, or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy, or completeness of any such third-party applications, products and/or services or the results obtained therefrom, and Chalo Australia assumes no responsibility or liability for any third-party applications, products and/or services or for the actions or failure to act of those providing such third-party applications, products and/or services. You assume full responsibility for your use of any such third-party applications, products and/or services

Third-Party Services

Chalo Australia, in its sole discretion, may offer links to other Web sites (“third-party sites”) that may offer various products, services, and/or information. You should be aware that use of these third-party websites may be subject to separate terms and conditions, information collection practices, and other provisions. Chalo Australia cannot ensure that you will be satisfied with any products or services offered and/or purchased from such third-party sites. Links to third-party sites are for your convenience only and Chalo Australia does not endorse any of the products or services offered in any third-party sites. Further, Chalo Australia has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party sites. Chalo Australia expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. Before proceeding with any transaction with any third-party site, whether the transaction is online or offline, it shall be your sole responsibility to conduct whatever investigation you deem necessary and appropriate.

10. EVENTS BEYOND CHALO AUSTRALIA’S CONTROL

You expressly discharge and release Chalo Australia from any claim of harm resulting from a cause beyond Chalo Australia’s reasonable control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, terrorism, or governmental restrictions. Chalo Australia will not be in breach of these Terms of Use to the extent that any failure or delay in performing an obligation occurs because of such a cause.

11. DISCLAIMERS

WHILE CHALO AUSTRALIA ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, CHALO AUSTRALIA MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE OR IN THE INFORMATION AVAILABLE ON THE SITE AT ANY TIME, FOR ANY REASON WITHOUT NOTICE.

YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. CHALO AUSTRALIA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED “AS IS” AND, TO THE FULL EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

CHALO AUSTRALIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE SITE; ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE SITE’S ACCESSIBILITY; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SITE; ANY CONDUCT BY OTHER USERS OF THE SITE; OR UNAUTHORISED ACCESS TO OR USE OF THE SITE OR SERVERS. CHALO AUSTRALIA RESERVES THE RIGHT TO DELIVER THE SITE IN CHALO AUSTRALIA’S SOLE DISCRETION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHALO AUSTRALIA SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

YOU EXPRESSLY AGREE THAT ANY RATINGS AND OTHER OPINIONS PROVIDED VIA THE SITE ARE, AND WILL BE CONSTRUED SOLELY AS, STATEMENTS OF OPINION AND NOT STATEMENTS OF FACT OR RECOMMENDATIONS ANY SUCH RATING OR OPINION WILL BE WEIGHED, IF AT ALL, BY YOU SOLELY AS ONE FACTOR IN ANY DECISION MADE BY YOU.

TO THE FULL EXTENT PERMITTED BY LAW, NEITHER CHALO AUSTRALIA NOR ANY OF ITS AFFILIATES NOR THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS OF CHALO AUSTRALIA OR SUCH AFFILIATES WILL IN ANY EVENT BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING WITHOUT LIMITATION ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF BUSINESS, INTEREST, GOODWILL, REVENUE, OR PROFIT, OR ANY LOSS OR CORRUPTION OF DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, ANY INFORMATION AVAILABLE ON THE SITE, OR OTHERWISE ARISING OUT OF THE UTILISATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF CHALO AUSTRALIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THIS EXCLUSION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CHALO AUSTRALIA AND YOU. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION.

CERTAIN LEGISLATION, INCLUDING THE COMPETITION AND CONSUMER ACT 2010 (CTH), MAY IMPLY GUARANTEES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS OF USE MUST BE READ SUBJECT TO THOSE STATUTORY PROVISIONS. IF THOSE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH IT IS ENTITLED TO DO SO, CHALO AUSTRALIA LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS, AT CHALO AUSTRALIA’S OPTION, TO: (A) THE SUPPLY OF SERVICES AGAIN; OR (B) PAYMENT OF THE COST OF SUPPLYING SERVICES AGAIN.

12. INDEMNITY

You agree that you are responsible for your behaviour in connection with the Site. Chalo Australia shall not be liable for claims made against you or Chalo Australia arising out of your use of the Site, and you agree to defend, indemnify, and hold harmless Chalo Australia and its affiliates and all of their respective employees, agents, directors, officers, representatives, contractors, advisers, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable solicitors’ fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of these Terms of Use. Chalo Australia reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Chalo Australia. You agree to cooperate as fully as reasonably required in Chalo Australia’s defence of any claim.

13. SUBMISSIONS

Chalo Australia also welcomes your feedback and suggestions about how to improve our products and services and the Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “content”) received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, non-exclusive right and license for Chalo Australia to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. Chalo Australia takes no responsibility for such content received through the Site, nor does Chalo Australia have any obligation to monitor such content. Chalo Australia shall have the right, but not the obligation, to monitor any such content to determine compliance with these Terms of Use and to satisfy any law, regulation or authorised government request.

14. RIGHT TO BLOCK CONTENT

Chalo Australia does not and cannot review all content submitted by users to the Site, and Chalo Australia therefore does not make any representation or warranty with respect to it. Chalo Australia does not endorse any specific products or services that may be included in any such content. However, Chalo Australia reserves the right to block or remove content or communications that Chalo Australia determines, in its discretion, to be in violation of these Terms of Use. As explained above, under Disclaimers, the Site is offered “as is,” and you use it at your own risk. Without limitation, this means that, despite the requirements of these Terms of Use, Site users (including you) may post content that violates them. Chalo Australia assumes no responsibility or liability for such content. If you have submitted objectionable content, Chalo Australia may, in its sole discretion, take legal action against you and/or, if applicable, notify the appropriate authorities or parties, all without prior notice or liability to you.

15. GOVERNING LAW

These Terms of Use are governed by and will be construed and enforced in accordance with the laws of the State of Western Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia and waives, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum. The Site is controlled and operated by Chalo Australia from its offices within Australia. Chalo Australia makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access the Sites from other locations do so of their own volition and are responsible for compliance with applicable local laws.

16. WAIVER

Failure to insist on strict performance of any of these Terms of Use or to exercise a right or remedy under these Terms of Use will not operate as a waiver unless such waiver is in writing signed by the party granting it. No waiver of any right or remedy under these Terms of Use will be deemed to be either a waiver of any other right or remedy or a waiver of that same right or remedy at any other time.

17. SEVERABILITY

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be severed to the extent that it is invalid or unenforceable, and the remainder of these Terms of Use shall continue in effect.

18. RELATIONSHIP

No joint venture, partnership, employment, or agency relationship exists between you and Chalo Australia as a result of these Terms of Use or User’s utilisation of the Site.

19. TERMINATION AND MODIFICATION

Chalo Australia reserves the right in its sole discretion to terminate, block or restrict your use of this Site or any portion thereof, for any or no reason, and without notice, obligation or liability to you or any other person. In addition, Chalo Australia reserves the right in its sole discretion to terminate or modify any Site feature or offering, without notice, for any or no reason, and without notice, obligation or liability to you or any other person.

20. ANTI-HACKING

You may not, nor may you allow others to, directly or indirectly, attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any content. You may not, nor may you allow others to, directly or indirectly, collect or attempt to collect any information about others.

21. ENTIRE AGREEMENT/RESERVATION OF RIGHTS

Your rights to use certain material available on or through the Site may be subject to separate written agreements with Chalo Australia (“Other Agreements”). Particular pages or features of this Site with content supplied by Chalo Australia or its licensors may be subject to different or additional terms (“Special Terms”), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms of Use and the Special Terms, the Special Terms will govern with respect to such pages or features or content. With the exception of any Other Agreements and Special Terms, these Terms of Use, together with Chalo Australia Privacy Policy, which is hereby incorporated as if set forth fully herein, represent the entire agreement between you and Chalo Australia with respect to use of and material available on or through the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Chalo Australia with respect to the Site. Any rights not expressly granted herein are reserved.