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Terms of Use – Manage China
Manage China and its affiliates (Manage China , MC, www.managechina.com or we) provides its content on this Web site (the Site) subject to the following terms and conditions (the Terms). We may periodically change the Terms, so please check back from time to time. These Terms were last updated on December 14, 2005. By accessing and using this Site, you agree to these Terms. For an explanation of MC’s practices and policies related to the collection, use, and storage of our users' information, please read our Privacy Policy. Prior to using ManageChina.com, you should read and understand the Terms of Use.
1. What you must do and not do:
1.1 What you must do
1.1.1 You must use managechina.com in accordance with
the Terms of Use.
1.1.2 Currently you have user name and password free access.
Should this change and a user name and password be required
for access to the site or any part of the site, you will
then need to use a security credential ("Member ID")
to access managechina.com. The Member ID could take the
form of a username and password, a digital certificate
or another security-related technology. We may require
you to use a different type of Member ID to access different
parts of managechina.com. The Member ID may be used only
for the purposes of accessing telstra.com and for authorising
instructions or requests using the telstra.com services
made available from telstra.com. Any other use of your
Member ID is prohibited.
1.1.3 If you are under 16 years of age, and do not have
an MC account, you must obtain a parent/guardian's consent
prior to using managechina.com.
1.1.4 If you are using managaechina.com on behalf of another
person (Authorising Person; for example, your employer,
or the person you share a house with and who is authorized
by you to act on your behalf), you must be authorised
to:
(a) use managechina.com; and
(b) enter into the Terms of Use,
on behalf of the Authorising Person.
1.2 What you must not do
1.2.1 You must not:
(a) use managechina.com for any activities, or post or
transmit to or via managechina.com any information or
materials, which breach any laws or regulations, infringe
a third party's rights or privacy, or are contrary to
any relevant standards or codes;
(b) use managechina.com in a way, or post to or transmit
to or via managechina.com any material, which interferes
with other users or defames, harasses, threatens, menaces
or offends any person or which inhibits any other user
from using or enjoying managechina.com;
(c) use managechina.com to send unsolicited commercial
or bulk electronic mail messages to anyone;
(d) make any fraudulent or speculative enquiries, bookings,
reservations or requests using managechina.com;
(e) use another's Member ID or name without permission;
(f) provide false information when registering or changing
your managechina.com registration details;
(g) impersonate another person when using managechina.com;
(h) post to or transmit to or via managechina.com any
obscene, indecent, inflammatory or pornographic material
or material that could give rise to civil or criminal
proceedings;
(i) tamper with, hinder the operation of or make unauthorised
modifications to managechina.com;
(j) knowingly transmit any virus or other disabling feature
to or via managechina.com; and
(k) attempt any of the above acts or permit another person
to do any of the above acts.
2. Copyrights and Trademarks
2.1 Copyrights
All content and functionality on the Site, including text,
graphics, logos, icons, and images and the selection and
arrangement thereof, is the exclusive property of MC or
its licensors and is protected by Australian and international
copyright laws. All rights not expressly granted are reserved.
2.2. Trademarks
The trademarks, service marks, designs, and logos (collectively,
the Trademarks) displayed on the Site are the registered
and unregistered Trademarks of MC and its licensors. You
agree that you will not refer to or attribute any information
to MC or its licensors in any public medium (e.g., press
release, Web sites) for advertising or promotion purposes,
or for the purpose of informing or influencing any third
party and that you will not use or reproduce any Trademark
of, or imply any endorsement by or relationship with,
MC or its licensors without the express permission of
MC.
3. Use of Site Content
MC hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the Site Content) on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without MC’s prior written consent.
4. User Postings
You acknowledge and agree that MC shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against MC for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with MC’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. MC does not and cannot review all information posted to the Site by users and is not responsible for such information. However, MC reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
5. Notices of Infringement and Takedown by MC
MC prohibits the posting of any information that infringes
or violates the copyright rights and/or other intellectual
property rights (including rights of privacy and publicity)
of any person or entity. If you believe that your intellectual
property right (or such a right that you are responsible
for enforcing) is infringed by any content on the Site,
please write to MC at the address shown below, giving
a written statement that contains: (a) identification
of the copyrighted work and/or intellectual property right
claimed to have been infringed; (b) identification of
the allegedly infringing material on the Site that is
requested to be removed; (c) your name, address, and daytime
telephone number, and an e-mail address if available;
(d) a statement that you have a good faith belief that
the use of the copyrighted work and/or exercise of the
intellectual property right is not authorized by the owner,
its agent, or the law; (e) a statement that the information
in the notification is accurate, and, under penalty of
perjury, that the signatory is authorized to act on behalf
of the owner of the right that is allegedly infringed;
and (f) the signature of the intellectual property right
owner or someone authorized on the owner's behalf to assert
infringement of the right. MC will remove any posted submission
that infringes the copyright or other intellectual property
right of any person under Australian or Chinese law upon
receipt of such a statement. Australian and Chinese law
provides significant penalties for submitting such a statement
falsely. Under appropriate circumstances, persons who
repeatedly submit infringing or unlawful material will
be prohibited from posting further submissions. MC’s contact
for submission of notices under this Section 5 is:
Att: General Manager
Manage China
1-208 No.4028 Nanhuan Rd Binjiang District
Hangzhou Zhejiang China 3100053
Or at info@managechina.com
6 Security
6.1 For security reasons we may require you to re-authenticate
yourself from time to time, for example after a period
of inactivity on the connection between your browser and
the managechina.com servers. We are not responsible for
any information you may lose if the managechina.com servers
terminate your browser session due to prolonged periods
of inactivity between your browser and the managechina.com
servers.
6.2 You must comply with all directions issued by MC relating
to use of your Member ID and access to managechina.com.
MC is not responsible for providing the computer, hardware,
software nor any other equipment necessary to access the
Internet. You must not send or disclose any part of your
Member ID that is meant to be confidential (for example,
the password component of your Member ID) to any other
person or store it in a manner that would reasonably allow
another person or entity to obtain access to it, except
as specified in clause 6.3 below. If you choose to use
a workplace email address to access managechina.com, you
are responsible for ensuring that such use complies with
any rules, policies or protocols which apply to the use
of the Internet in your workplace.
6.3 You must not keep the Confidential Component of your
Member ID in a location where it is capable of being copied
or used by any other person or disclose the Confidential
Component of your Member ID to any other person, other
than:
(a) another person authorised by you to access and use
managechina.com on your behalf; or
(b) another person authorised by the Authorising Person
(for example, another employee) to access and use managechina.com
on their behalf,
in each case provided that the other person (Authorised
Person) agrees to be bound by the Terms of Use.
6.4 MC is entitled to rely on your Member ID as evidence
of your identity and authority for the purposes of managechina.com
(including, for example, for the purpose of making payments
to MC using your credit card details, and for the purpose
of nominating email addresses or phone numbers to which
MC may send billing and payment information relating to
your MC accounts). You are responsible for all use of
managechina.com and your Member ID where you have not
complied with the Terms of Use. Other than by reference
to a person's Member ID, Manage China cannot and does
not verify that each person who accesses managechina.com
is in fact the person they say they are, or acts with
the authority of the person whose Member ID they use.
6.5 You must immediately notify MC if you become aware:
(a) that the Confidential Component of your Member ID
has been compromised or is known by a third party (other
than by an Authorised Person); or
(b) of any unauthorised use of your Member ID.
In the event that you notify us of either of these things,
we will take reasonable steps to deactivate the Member
ID and issue you with a new Member ID within a reasonable
time of being so notified. Notice provided by you under
this clause does not release you from your responsibilities
under the Terms of Use.
6.6 We will take reasonable steps to secure managechina.com
and the systems in our control that are used to access
managechina.com. However, the Internet is sometimes unreliable
and is a difficult medium to secure. MC does not guarantee
the security of managechina.com or the systems (including
the Internet and your hardware and software) used to access
managechina.com, or any information that passes through
such systems.
7 Privacy
7.1 MC may use and provide personal information about
you that is collected by MC on managechina.com. The collection
and provision of this information is subject to privacy
laws. MC will comply with the MC Privacy Statement in
dealing with any personal information provided by you
via managechina.com.
7.2 We offer you the ability to access personal information
under the Terms of Use, on the strict condition that you
only do so for the sole purpose of accessing your own
personal information or accessing personal information
of the Authorising Person, as authorised by the Authorising
Person.
7.3 To avoid doubt:
(a) by authorising a person to use your Member ID under
clause 6.3, you authorise MC to disclose to that person
your personal information; and
(b) by requesting via managechina.com that Manage China
send billing and payment information to a person's email
address or phone number, you authorise MC to disclose
to that person your personal information,
in each case including information related to your MC
billings and payments.
8. Prices and products and services are subject to change
8.1 All prices displayed and products and services offered for supply on managechina.com are subject to change without notice. You should check the price of a product or service before placing an order for it.
9. Disclaimers
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT MC IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MC AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. MANAGECHINA SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER MC NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
10 Your liability to us
10.1 Subject to clause 10.2, you are liable to us for
breach of contract or negligence under the principles
applied by the courts.
10.2 You are not liable for any loss to the extent that
it is caused by us, for example, through our negligence
or breach of contract.
11 Change of the Terms of Use
11.1 We may change the Terms of Use by obtaining your
consent or giving notice to you in accordance with this
clause 11 and clause 13.2. The period of notice we will
give you depends on the type of change.
11.2 If the change will benefit you, we can make the change
immediately and are not required to notify you prior to
the change.
11.3 If the change has a detrimental impact on you but
is:
(a) required by law;
(b) necessary for security reasons;
(c) to prevent fraud; or
(d) for technical or infrastructure reasons,
we will try to give you 3 days prior notice of the change.
Sometimes, due to the nature of the change, we may not
be able to give you 3 days prior notice but we will give
you as much notice as we reasonably can. Notice may be
provided to you in the manner set out in clause 13.2.
11.4 If we reasonably consider that the change will have
a significant detrimental impact on the majority of our
customers using managechina.com or on a specific class
of customers who use managechina.com in a particular way
(and you are one of this class), and the change is not
of a type described under clause 11.3, we will give you
at least 30 days' prior notice of the change.
11.5 If the change is not of a type described in clause
11.2, 11.3 or 11.4, we will give you at least 10 days'
prior notice of the change.
11.6 If we change the Terms of Use under this clause 11,
you may choose to stop using managechina.com. Any use
of managechina.com after a change of the Terms of Use
takes effect will be governed by the varied Terms of Use.
11.7 We do not have to notify you if we make changes to
the managechina.com website.
12 Termination
12.1 You may stop using managechina.com at any time, for
any reason.
12.2 We may stop making managechina.com, or a part of
managechina.com, available with 30 days' prior notice.
Notice may be given in the manner set out in clause 13.2.
12.3 We may immediately suspend, terminate or limit your
access to managechina.com if:
(a) you are in breach of the Terms of Use and (i) the
breach is something which cannot be remedied, or (ii)
you fail to remedy the breach within 30 days' of our written
notice to you of that breach;
(b) we believe on reasonable grounds that there is a real
risk of serious loss or damage to us or another if we
do not suspend, terminate or limit your access to managechina.com;
(c) the law requires us to do so;
(d) we believe on reasonable grounds that providing access
to managechina.com to you is illegal or may become illegal;
(e) the Australian Competition and Consumer Commission
issues a competition notice relating to managechina.com
or we believe on reasonable grounds that it will do so;
or
(f) there is an emergency.
12.4 If you enter a contract for the supply of goods and/or
services via managechina.com, that contract will not be
affected if MC stops making managechina.com or part of
managechina.com available to you, unless the goods and/or
services are supplied via managechina.com.
13 Communication with you
13.1 As part of some managechina.com services available
via managechina.com, we may communicate with you via email,
or an SMS, or both, to an email address or a mobile phone
number nominated by you. When we do this (except as set
out in clause 13.2), the following will apply:
(a) you are responsible for ensuring that your contact
details for the online service/s are current, your email
service or mobile phone account is operational and that
you check your emails or mobile phone regularly for messages;
(b) you must notify MC as soon as possible of any changes
to your contact details for the online service/s using
the online method provided by MC;
(c) if MC receives an automated email non-delivery notification
indicating you have not received an email that MC has
sent you, MC will use reasonable endeavours to attempt
to contact you using the other contact details that you
submitted in your online service contact details, including
non-electronic means, but does not guarantee that MC will
be able to contact you. MC will not attempt to contact
you via alternate means if MC receives an automated email
non-delivery advice on a bill email notification sent
by MC to you under clause 8.8.
13.2 Despite clause 13.1, for the purposes of clauses
11 and 12.2, we will give you notice by:
(a) posting the content of the notice to managechina.com;
14 Use of your information and material
14.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via managechina.com, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement
.
15 General Matters
15.1 This agreement is governed by the law in force in
State of Victoria, Australia, and the parties irrevocably
submit to the non-exclusive jurisdiction of the courts
of Victoria, Australia and courts of appeal from them
for determining any dispute concerning this agreement.
15.2 If any of the Terms of Use are invalid or unenforceable,
it will be struck out and the remaining terms will remain
in force.
15.3 If we do not act in relation to a breach by you of
the Terms of Use, this does not waive our right to act
with respect to subsequent or similar breaches. If you
do not act in relation to a breach by us of the Terms
of Use, this does not waive your right to act with respect
to subsequent or similar breaches.
15.4 You may not assign or transfer your rights or benefits
under the Terms of Use to any other person or entity without
our prior consent, which we will not unreasonably withhold.
16. Third-Party Web Sites
We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party Web sites or incorporation through framesets of content supplied by third-party servers. MC has no responsibility for these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.
17 . Governing Law; Jurisdiction
These Terms are governed by the laws of the state of Victoria, Australia without reference to the principles of conflicts of laws thereof.
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