Smart TV Terms and Conditions
Smart TV Terms and Conditions
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information or assistance provided by Soniq in relation to the Software or its use or application.
(b) You have not made known either expressly or by implication, to Soniq any purpose for which You require
the Software and You have the sole responsibility of satisfying Yourself that the Software is suitable
for Your intended use.
12.5 If You are a consumer as defined in the ACL, nothing in this Agreement restricts, limits or modifies Your
rights or remedies against Soniq for failure of a statutory guarantee provided under the ACL.
12.6 If clause 12.5 does not apply, then other than as stated in the Agreement or any written warranty
statement, Soniq is not liable to You in any way howsoever arising under or in connection with the sale,
licence, installation, use of, storage or any other dealings with the Software by You or any third party.
12.7 For clarity, except to the extent of any liability imposed by the ACL:
(a) Soniq will not be liable to any party in any way for any injury, loss or damage arising out of or related to
the use (or the inability to use) the Software,
(b) Soniq will not be liable for any direct, indirect, incidental, special or consequential loss or damage,
including loss of programs or data, corrupted programs or data, deleted programs or data, or the cost
of servicing or replacing equipment.
12.8 Nothing in this Agreement is to be interpreted as excluding, restricting or modifying the effect or application
of any legislation that cannot be so excluded, restricted or modified.
13. Privacy and Security
13.1 Any personal information provided by You to Soniq via the Software will be held on a database maintained
by or on behalf of Soniq.
13.2 The information on this database may be used, stored and transmitted by Soniq in accordance with the
Online Privacy Policy. For example, Soniq may use this information for marketing, planning, product
development, research and other commercial purposes. For further details, please refer to Soniq's
Online Privacy Policy www.soniq.com.au.
14. Miscellaneous
14.1 Notice. Soniq may deliver any notice to You via pop-up window, dialog box or other means, even though
you may not receive the notice unless and until You launch the Software. Any such notice will be deemed
delivered on the date Soniq first makes it available through the Software, irrespective of when You actually
receive it.
14.2 Complete Agreement. This Agreement constitutes the complete Agreement between the You and Soniq
and supersedes all previous communications and representations or agreements, either oral or written,
with respect to the Software.
14.3 Waiver. Any failure by Soniq to insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any such provision or right. Any waiver is only valid if in writing and
only to the extent set out in the waiver.
14.4 Severability. If a provision is unenforceable it must be read down to be enforceable or, if it cannot be read
down, the provision must be severed from the Agreement, without affecting the enforceability of the
remaining provisions.
14.5 Governing Law. This Agreement will be governed by the laws of the State of Victoria, Australia.
14.6 No Third Party Beneficiaries. This Agreement is intended solely for the benefit of You and Soniq. No
person not a party to this Agreement may bring a cause of action pursuant to this Agreement as a third
party beneficiary hereof.
14.7 Spam. The publication of Soniq's email addresses in this Agreement is to facilitate communications
relating to the Software supplied by Soniq. It must not be inferred as consent by Soniq to receive
unsolicited commercial electronic messages.
15. Customer Comments and Improvements.
15.1 Soniq welcomes your comments concerning the Software, including notice that You have experienced a
Software failure, error or other malfunction and suggestions for additional or different features and
functions. Please send Soniq Your comments and suggestions to [email protected] or by using the
web form located at http://www.soniq.com.au/index.php/login-logout.html.
15.2 Soniq is under no obligation to respond or act on to any such comments or suggestions, but You grant
Soniq a perpetual, irrevocable, fully paid-up, royalty-free, worldwide right and licence under your
intellectual property rights (if any) to implement Your comments and suggestions in the Software and any
other products and services offered by Soniq, its affiliates, and their respective licensors, licensees,
successors and assigns.
