To help ensure that everyone’s experience at Entsia is a positive one, we have certain rules for conduct, which you must agree to in using our site.
Communication from Us
At the time of requesting our products and services, we will ask you to specify if we can email product alerts and special offers to you that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at any time that you do not wish to receive emails we will disable that functionality for your account. Each and every one of these communications will contain a clear link to Unsubscribe.
Your Obligations to Us
You agree to:
- follow all of your local, provincial/state, national and international laws and regulations.
- be responsible for all information, data, text, software, music, sound, photographs, images, graphics, video, messages or other material (“Content“) that occur under your account or on your behalf, including any Content transmitted or broadcast through your account or on your behalf by us at your request.
- comply with all applicable laws regarding the transmission of technical or other data exported from the country in which you reside.
You also agree that you will not:
- host or transmit any content that might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
- copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that infringes the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
- interfere with or disrupt Entsia site, services, computer systems, servers or networks, or violate the regulations or policies of such networks.
- transmit any content containing viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programs.
- attempt to gain unauthorized access to Entsia site or services, others’ accounts, private web sites, or computer systems or networks connected to Entsia site, through password mining or otherwise.
- engage in any systematic extraction of data or data fields, including without limitation e-mail addresses.
- frame the site in any way or otherwise attempt to defeat, modify or bypass any pages or functionality of the site.
- collect information about others without their consent.
- provide false information on your registration form, impersonate any person or the voice of any person, or otherwise attempt to mislead others about your identity or affiliation with a person or entity or the origin of a message or other communication.
- transmit junk mail, spam, chain letters, or other unsolicited bulk e-mail or duplicative messages.
- copy audio content without the permission of all parties to the conversation.
- sell access to or use of any services available on Entsia site.
- interfere with anyone’s use or enjoyment of Entsia site.
- harm minors in any way.
- fail to respond to customer, copyright or trademark holders’ questions within 3 business days.
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons and creating “Crush” sites.
Third Party Content
For your convenience, products, services, content and information from third party providers and/or links to their Web sites (“Third Party Content“) may be provided by us. Such Third Party Content is not under the control of Entsia and Entsia is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content.
Entsia is not and will not be responsible for
- the terms and conditions of any transaction between you and any third party,
- any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or
- the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Entsia (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
This Site may contain hyperlinks to websites operated by parties other than Entsia. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
You agree to indemnify and hold Entsia, rebranders, cobranders, and its suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the “Indemnified Parties“) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable legal costs), incurred by an Indemnified Party arising out of or related to
- your breach of these Terms;
- any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you at your site and/or to Entsia and/or its affiliates;
- any dispute or litigation between an Indemnified Party and a third party caused by your actions; and
- your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with Entsia or your use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Entsia and /or its suppliers, affiliates, partners, subsidiaries and employees.
Limitation of Liability
We make no representation or warranty of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your own risk.
To the full extent permissible by applicable law, we disclaim all warranties, express or implied, we do not warrant that our website, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits and consequential damages.
Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the extent permitted by law, we do not accept any liability for any damage or injury caused by the use or misuse of services provided from us.
Indemnification by Customer
You will defend, indemnify and hold Entsia harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) associated with any claim or action brought against Entsia that arises directly or indirectly from you or your end-users, or the content of such end-user’s web site, contrary to the provisions of the Terms, including claims based on representations, warranties, or misrepresentations made by you, provided that Entsia promptly notifies you in writing of the claim and allows you to control and fully cooperate with you in the defence and all related settlement negotiations. You shall be relieved of its indemnification obligations under the Terms to the extent it is actually prejudiced by Entsia failure to provide such notice or cooperation. You shall have no liability for any settlement or compromise made without its prior written consent, although such consent not to be unreasonably withheld.
Changes to Term of Use
Entsia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You should periodically review these Terms for changes. Your continued use of the site and the services following the posting of any changes confirms your agreement with such changes. You agree that Entsia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
Correction of Errors and Inaccuracies
Whilst we make every effort to present accurate information on this website, there may be typographical errors or inaccuracies, and some information may not be complete or current. We therefore reserve the right to change or update information, including product and service descriptions, pricing and availability, at any time without prior notice (including after you have requested any of our products or services).
We apologize for any inconvenience this may cause, and please feel very welcome to contact Customer Services if there is ever an issue you would like to discuss.
Proprietary Rights to Content
You agree that Content presented through our site by Entsia, its advertisers, or others, including all text, graphics, logos, button icons, images, audio files, software, data compilations and other intellectual property, is owned by Entsia or its licensees and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws. You agree not to otherwise copy, change, upload, transmit, sell or distribute any content available through Entsia’s site, including code and software, except standard page caching which occurs in the normal course of browsing. By way of example, you agree not to use any trade names or trademarks displayed on any other web site you operate such as in the meta-data of such web site. Except as expressly authorized by Entsia or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part. You also agree not to record or otherwise make a copy of audio content on the site unless you have the permission of all parties to the conversation to do so.
If any provision of the Terms shall be held illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.
These Terms are governed by the laws of the New South Wales, Australia. No action or proceeding may be commenced or maintained in relation to the site, the Services or these Terms except in a court of appropriate jurisdiction in the Commonwealth of Australia and you hereby irrevocably agree to attorn to the jurisdiction of such courts.
These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales without reference to conflict of law principles. These Terms will not be assignable or transferable by you without our prior written consent. These Terms (including all of the policies and other Agreements described in this Terms, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.