Smart TV Terms and Conditions
Smart TV Terms and Conditions
-3-
-4-
(e) transfer, pledge, rent, share or sublicense the Software;
( f ) defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating
or circumventing controls on the use of copies of the Software; or
(g) engage in any conduct or activity that may cause damage to the Software, disrupt access to the Software
or otherwise interfere or affect the performance of the Software.
5. Access and support
5.1 You are responsible for accessing and using the Software. Soniq is not obligated to provide You with any
services or technical support in relation to the Software under this Agreement.
5.2 Soniq may at any time and in its sole discretion:
(a) disable or suspend Your access to the Software; or
(b) screen, filter, review, modify, block or refuse access to any Content that may be accessed by the Software,
but is under no obligation to do so.
6. Termination
6.1 Without prejudice to any of its other rights, Soniq shall be entitled to terminate the licence granted by this
Agreement without liability:
(a) on five (5) days notice to You, at Soniq's sole discretion; or
(b) for cause at any time without notice if You commit a material breach of this Agreement.
6.2 You may terminate this Agreement on seven (7) days notice by giving notice to Soniq at support@soniq.com.au
or by permanently ceasing to use the Smart TV.
6.3 The termination of this Agreement does not affect any rights, obligations or liabilities that Soniq has accrued
under the Agreement prior to termination.
6.4 On the expiration or termination of this Agreement, Soniq will terminate Your access to the Software.
Sections 4, 7, 10, 12,13, and 14 will survive the expiration or termination of this Agreement.
7.I ntellectual Property
7.1 Content provided by Soniq forms part of Soniq's intellectual property.
7.2 Soniq reserves all rights in the Software not expressly granted by this Agreement. All copyrights, trademarks
and other conceivable intellectual property rights in and to the Software (including, but not limited to, all code,
data files, images appearing in the Software and screen displays as well as any and all documentation relating
to the Software) are owned or licensed by Soniq, and are protected by law.
7.3 Third Party Content may be subject to third party intellectual property rights, including but not limited to
copyright, trade mark and design rights.
7.4 The licence granted by this Agreement is a bare licence to use the Software and does not grant any right in
Soniq's intellectual property or any third party intellectual property displayed or accessed via the Software.
7.5 Soniq does not authorise any act that would infringe Soniq's intellectual property or any third party intellectual
property rights including but not limited to the reproduction, distribution, sale, modification or grant of licence
in any intellectual property owned by a third party.
7.6 You hereby indemnify Soniq for all loss and damage suffered by it due to Your breach of any of Soniq's or a
third party's intellectual property rights.
8. Internet Usage
8.1 Use of the Software requires an internet connection. It is Your responsibility to obtain and maintain an
internet connection at your cost.
8.2 Soniq uses the Software to promote goods and services offered by Soniq and third parties. These
advertisements will require You to download Content from the Internet and may incur costs from Your
internet service provider.
8.3 Any Content You access via the Software may result in additional downloads and may incur costs from Your
internet service provider.
8.4 You are entirely responsible for making enquiries with Your Internet Service Provider as to the costs incurred
by using the Software or downloading Content via the Software.
9. Software Usage
9.1 Soniq does not guarantee that Your use of the Software will be uninterrupted and Your ability to use the
Software will be affected by the performance of Your internet which is the responsibility of Your internet
service provider.
9.2 You must supervise and control the use of the Software and ensure that all use of the Software is for the
Authorised Purposes and in accordance with this Agreement.
10. Content
10.1 Soniq does not warrant that any Third Party Content, including any links to third party websites, is safe to
access, free from viruses and malware, correct or reliable. All Third Party Content is entirely the
responsibility of the third party supplier and is accessed at Your risk.
10.2 By using the Software You may be exposed to Third Party Content that You find offensive, indecent,
objectionable or unlawful.
10.3 You agree that Soniq is not responsible for examining or evaluating Third Party Content and Soniq makes
no representations as to the suitability of Third Party Content.
10.4 Soniq does not warrant, guarantee or make any representation:
(a) regarding the accuracy, adequacy, reliability, completeness or timeliness of the Content;
(b) that the Content is free from human or mechanical error, technical inaccuracies or other typographical
errors or defects; or
(c) that the Content is suitable for Your intended use.
10.5 The use of any Content is at Your own risk.
10.6 All warranties, representations and statutory guarantees and any liability which may arise in relation to
Your access to the Content is expressly excluded to the maximum extent permitted by law.
10.7 If You have any concerns about Content supplied by Soniq accessed through the Software please contact
Soniq at support@soniq.com.au. If you have concerns about the Third Party Content, please contact the
Australian Communications and Media Authority on 1300 850 115.
11. Updates
11.1 From time to time, Soniq may (but is not obliged to) create a new, updated or enhanced version of the
Software in which case Soniq may (but is not obliged to) make it available to You. A fee may apply.
11.2 If Soniq makes updated Software available to You:
(a) Soniq may require You to use it instead of a superseded version;
(b) changes to the Software or its content cannot be reversed;
(c) information or data provided by You under the superseded version may be cleared and may need to be
recreated or entered again;
(d) this Agreement will apply unless Soniq specify otherwise; and
(e) Soniq does not guarantee that any superseded version will remain available.
12. Liability and Disclaimers
12.1 All Software is provided on an "as is", "as available" basis. You acknowledge that the Software, due to its
nature, cannot be guaranteed error free and You accept that the existence of such errors shall not be
construed as a breach of this Agreement of section 54 of the Australian Consumer Law Schedule to the
Competition and Consumer Act 2010 (Cth) as amended ("ACL").
12.2 You are solely responsible for ensuring the Software is suitable for Your purposes, including the Approved
Purposes. You have not made known to Soniq any particular purpose for which You require the Software.
12.3 Except as specifically stated herein, or as contained in any express warranty provided in relation to the
Software, the Agreement does not include by implication any other term, condition or warranty in respect
of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly,
manufacture, design or performance of the Software or any contractual remedy for its failure.
12.4 You acknowledge that:
(a) You have not relied on any service involving skill and judgement, or on any advice, recommendation,
