ACCEPTANCE OF TERMS
This is a Website of “KoalAsia”. Use by you of this Website and any other websites operated by KoalAsia, together with all associated servers (“Servers”) and all of the functions on or in or available from this Website or any other KoalAsia Site or the Servers (including, without limitation all chat forums, bulletin boards or other forms of communication) is subject to the following terms and conditions (“Terms and Conditions”) and any other terms and conditions contained on, in or available through a KoalAsia Site.
The copyright in the material contained on, in, or available through this Website or any other KoalAsia Site or Server excluding the Content (as defined in paragraph 3) but including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to KoalAsia or its group companies. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated. The trademarks, service marks, and logos (“Trade Marks”) contained on or in this Website or any other KoalAsia Site or Server are registered and owned by or licensed to KoalAsia or its group companies. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of KoalAsia or the relevant group company. You are permitted to print or download extracts of the Material for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to KoalAsia or its group companies. None of the Material may be used for any commercial or public use. Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of KoalAsia or the relevant group company.
THIRD PARTY PRODUCTS, SERVICES AND DOWNLOADS
This Website and other KoalAsia Sites or Servers may feature products and services of third parties (“Products and Services”) or contain links to websites operated by third parties (“Third Party Websites”). KoalAsia does not have any influence or control over any such Products or Services or any Third Party Website. Unless otherwise stated, KoalAsia is not responsible for and does not endorse any Products or Services or any Third Party Website, or its availability or contents. KoalAsia is not responsible for any agreement or understanding you enter into with a third party through a Third Party Website and/or in relation to any Products or Services. While KoalAsia aims to provide unbiased editorials we wish to disclose that (i) we occasionally receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation, and (iii) we may sell these products within our stores, and (iv) we may use affiliate links to products and or services for which we sometimes receive compensation. KoalAsia is a participant in a number of affiliate advertising programs. For instance, we participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
You acknowledge and agree in relation to any downloads which are accessed on or via a KoalAsia Site (“Download”) that (i) you have a right of license to such Download, you do not own any intellectual property rights in such Download and your use of such Download may be subject to an applicable end user licence agreement; (ii) you are not permitted to modify, copy, commercially exploit, resell or otherwise use a Download in any way which is contrary to applicable laws or regulations. Your attention is drawn to section 7 of these Terms and Conditions, which you should read carefully before commencing any Downloads.
You agree that when using the Website or any other KoalAsia Site or Server you will not: (a) Upload, post or otherwise transmit Content which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, argumentative, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, indecent, libellous, invasive of another’s privacy or contains any illegal content; (b) Harvest Content or IP addresses or upload, post or otherwise transmit any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or any other KoalAsia Site or Server or any networks connected to this Website or any other KoalAsia Site or Server or another’s computer, or that contains any chain letters, pyramidselling schemes, bulk mail, junk mail or similar; or (c) Upload, post or otherwise transmit any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional materials; or (d) Restrict or in any way inhibit any person from using this Website or any other KoalAsia Site or Server; (e) Upload, post or otherwise transmit any Content which is unnecessary and/or repetitive including any Content which repeats that previously uploaded, posted or transmitted by you or another visitor, unless absolutely necessary; or (f) Upload, post or otherwise transmit any Content to a part of this Website or any other KoalAsia Site or Server which is irrelevant to the subject matter or the Content; or (g) Upload, post or otherwise transmit any Content to this Website or any KoalAsia Site or Server using an email address provided by a free account service such as hotmail; or (h) Register yourself as a member of this Website or the forum provided through this Website or any KoalAsia Site, or to receive any newsletter or other service under more than one user name and/or user account number without the consent of the Website editor or the forum moderator; or (i) Use this Website or any other KoalAsia Site or Server in a manner that is inconsistent with these Terms and Conditions and/or any relevant laws and regulations in force from time to time; or (j) Breach the terms of any suspension or ban or seek alternative access. You acknowledge that you are solely responsible for maintaining a secure password for the purpose of gaining access to the member sections of this Website or any other KoalAsia Site or Server. You agree to indemnify KoalAsia and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of this Website or any other KoalAsia Site or Server other than in accordance with these Terms and Conditions.
DISCLAIMER / LIABILITY
This Website, any other KoalAsia Site or Server and their facilities, Third Party Websites, links to the Third Party Websites, and any Material and Content are provided on an ‘asis’ and ‘as available’ basis and use is at your own risk. To the maximum extent permitted by law: (a) KoalAsia disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website, any other KoalAsia Site or Server, Third Party Websites, links to Third Party Websites, Material and Content; and (b) all implied warranties, terms and conditions relating to this Website, any other KoalAsia Site or Server, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, merchantability, fitness for purpose or any special purpose, non-infringement and title are, as between KoalAsia and you, hereby excluded. KoalAsia makes no representation or warranty that this Website, any other KoalAsia Site or Server, and/or any Third Party Websites will be continuous, uninterrupted, secure or error-free. KoalAsia will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Website, any other KoalAsia Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other KoalAsia Site or Server or Third Party Website, whether by KoalAsia or on its behalf, for any: (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (b) loss of goodwill or reputation; or (c) special or indirect or consequential loss. If KoalAsia is liable to you directly or indirectly in relation to this Website, any other KoalAsia Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other KoalAsia Site or Server or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for KoalAsia granting you membership to this Website or any other KoalAsia site. Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of KoalAsia or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law. This Website is controlled and operated by KoalAsia.. KoalAsia makes no representation that material contained on this Website is appropriate or available for use in other locations. Those who choose to access this Website or any KoalAsia Site from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the exclusions and limitations in this section 7 may not apply to you in whole or part.
DOWNLOADS: Without limiting the foregoing, you expressly agree that KoalAsia, its officers, subsidiaries, employees and/or affiliates shall have no liability whatsoever for the performance of any software product you purchase and/or download through, or via a link from, the KoalAsia Sites (“Download”). You expressly acknowledge and agree that use of any Download is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, Downloads are provided “As Is” and without warranty of any kind, and KoalAsia and its group companies hereby disclaim all warranties and conditions with respect to the Download, either express, implied or statutory, including (without limitation) the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement of third-party rights. KoalAsia does not warrant against interference with your enjoyment of the Download, that the functions contained in the Download will be continuous, uninterrupted, secure, virus-free, or error-free, or that defects in the Download will be corrected. Should the Download prove defective, you assume the entire cost of all necessary servicing, repair or correction.
NO RECOMMENDATION OR INVITATION TO INVEST
No information on this Website constitutes or shall be deemed to constitute an invitation or recommendation to invest or otherwise deal in shares or other securities in KoalAsia and the information contained herein does not constitute an offer to sell or the solicitation of an offer to buy any such securities. If you are considering an investment you should make your own, independent assessment and take appropriate independent professional advice.
KoalAsia reserves the right in its sole discretion to deny you access to this Website or any other KoalAsia Site or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms and Conditions. In particular, KoalAsia may deny you access to this Website or any other KoalAsia Site or Server if KoalAsia exercises its right to lock any discussion topic to prevent further discussion, following submission of Content relating to that topic by you.
If you take part in any competition which is run on or through this Website or any other KoalAsia Site or Server (“Competition”), you agree to be bound by the Online Competition Rules and any other rules specified by KoalAsia from time to time (“Competition Rules”) and by the decisions of KoalAsia, which are final in all matters relating to the Competition. KoalAsia reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and KoalAsia concerning your use of this Website or any other KoalAsia Site or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and KoalAsia in relation to such matters. KoalAsia reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Website. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of KoalAsia.These Terms and Conditions shall be governed by and construed in accordance with English law and you agree, for the benefit of KoalAsia, to submit to the exclusive jurisdiction of the English Courts. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. KoalAsia’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KoalAsia in writing. Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, KoalAsia, and its group of companies.