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Website Terms and Conditions

Website Terms and Conditions of Use

1. About the Website
1.1. Welcome to https://dahuatech.com.au (the ‘Website’). The Website (the ‘Services’).
1.2. The Website is operated by Dahua Technology Australia PTY. LTD. (ACN 607 598 158). Access to and use of the Website, or any of
its associated Products or Services, is provided by Dahua Technology Australia Pty Ltd. Please read these terms and conditions (the ‘Terms’)
carefully. By using, browsing and/or reading the Website, this signifies that you
have read, understood and agree to be bound by the Terms. If you do not agree
with the Terms, you must cease usage of the Website, or any of Services,
immediately.
1.3. Dahua Technology Australia Pty Ltd reserves the right to review
and change any of the Terms by updating this page at its sole discretion. When
Dahua Technology Australia Pty Ltd updates the Terms, it will
use reasonable endeavours to provide you with notice of updates to the Terms.
Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms
for your records.

2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms
by clicking to accept or agree to the Terms where this option is made available to you
by Dahua Technology Australia Pty Ltd in the user interface.

3. Copyright and Intellectual Property
3.1. The Website, the content and all of the related products of Dahua Technology Australia Pty Ltd are subject to copyright. The material on the
Website is protected by copyright under the laws of Australia and through
international treaties. Unless otherwise indicated, all rights (including copyright) in
the content and compilation of the Website (including but not limited to text,
graphics, logos, button icons, video images, audio clips, Website, code, scripts,
design elements and interactive features) or the content are owned or controlled
for these purposes, and are reserved by Dahua Technology Australia Pty Ltd or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or
licensed by Dahua Technology Australia Pty Ltd, who grants to
you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a
Member to:
(a) use the Website pursuant to the Terms;
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(b) copy and store the Website and the material contained in the Website in
your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial
use.
Dahua Technology Australia Pty Ltd does not grant you any
other rights whatsoever in relation to the Website or the content. All other rights
are expressly reserved by Dahua Technology Australia Pty Ltd.
3.3. Dahua Technology Australia Pty Ltd retains all rights, title and
interest in and to the Website and all related content. Nothing you do on or in
relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design
or copyright (or an adaptation or modification of such a thing, system or
process),
to you.
3.4. You may not, without the prior written permission of Dahua Technology Australia Pty Ltd and the permission of any other relevant rights
owners: broadcast, republish, up-load to a third party, transmit, post, distribute,
show or play in public, adapt or change in any way the content or third party
content for any purpose, unless otherwise provided by these Terms. This
prohibition does not extend to materials on the Website which are freely available
for re-use or are in the public domain.

4. Privacy
Dahua Technology Australia Pty Ltd takes your privacy seriously and
any information provided through your use of the Website and/or content are subject to
Dahua Technology Australia Pty Ltd’s Privacy Policy, which is
available on the Website.

5. General Disclaimer
5.1. Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian
Consumer Law (or any liability under them) which by law may not be limited or
excluded.
5.2. Subject to this clause 5, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(b) Dahua Technology Australia Pty Ltd will not be liable for
any special, indirect or consequential loss or damage (unless such loss or
damage is reasonably foreseeable resulting from our failure to meet an
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applicable Consumer Guarantee), loss of profit or opportunity, or damage
to goodwill arising out of or in connection with the content or these Terms
(including as a result of not being able to use the content or the late supply
of the content), whether at common law, under contract, tort (including
negligence), in equity, pursuant to statute or otherwise.
5.3. Use of the Website and the content is at your own risk. Everything on the
Website and the content is provided to you “as is” and “as available” without
warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors and licensors of Dahua Technology Australia Pty Ltd make any express or implied representation or warranty
about the content or any products or content (including the products or content of
Dahua Technology Australia Pty Ltd) referred to on the
Website. This includes (but is not restricted to) loss or damage you might suffer
as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure
to correct defects, delay in operation or transmission, computer virus or
other harmful component, loss of data, communication line failure, unlawful
third party conduct, or theft, destruction, alteration or unauthorised access
to records;
(b) the accuracy, suitability or currency of any information on the Website, the
content, or any of its content related products (including third party material
and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the content or any of
the products of Dahua Technology Australia Pty Ltd; and
(d) the content or operation in respect to links which are provided for your
convenience.

6. Limitation of liability
6.1. Dahua Technology Australia Pty Ltd’s total liability arising out of
or in connection with the content or these Terms, however arising, including
under contract, tort (including negligence), in equity, under statute or otherwise,
will not exceed the resupply of the content to you.
6.2. You expressly understand and agree that Dahua Technology Australia Pty Ltd, its affiliates, employees, agents, contributors and licensors
shall not be liable to you for any direct, indirect, incidental, special consequential
or exemplary damages which may be incurred by you, however caused and
under any theory of liability. This shall include, but is not limited to, any loss of
profit (whether incurred directly or indirectly), any loss of goodwill or business
reputation and any other intangible loss.
6.3. You acknowledge and agree that Dahua Technology Australia Pty Ltd holds no liability for any direct, indirect, incidental, special consequential
or exemplary damages which may be incurred by you as a result of providing
Your Content to the Website.

7. Termination of Contract
7.1. If you want to terminate the Terms, you may do so by providing Dahua Technology Australia Pty Ltd with days’ notice of your intention to
terminate by sending notice of your intention to terminate to Dahua Technology Australia Pty Ltd via the ‘Contact Us’ link on our
homepage.
7.2. Dahua Technology Australia Pty Ltd may at any time, terminate
the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
provision;
(b) Dahua Technology Australia Pty Ltd is required to do so
by law;
(c) Dahua Technology Australia Pty Ltd is transitioning to no
longer providing the Services to Members in the country in which you are
resident or from which you use the service; or
(d) the provision of the Services to you by Dahua Technology Australia Pty Ltd, is in the opinion of Dahua Technology Australia Pty Ltd, no longer commercially viable.
7.3. Subject to local applicable laws, Dahua Technology Australia Pty Ltd reserves the right to discontinue or cancel your membership at any time
and may suspend or deny, in its sole discretion, your access to all or any portion
of the Website or the Services without notice if you breach any provision of the
Terms or any applicable law or if your conduct impacts Dahua Technology Australia Pty Ltd’s name or reputation or violates the rights of those
of another party.
7.4. When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Dahua Technology Australia Pty Ltd have
benefitted from, been subject to (or which have accrued over time whilst the
Terms have been in force) or which are expressed to continue indefinitely, shall
be unaffected by this cessation, and the provisions of this clause shall continue to
apply to such rights, obligations and liabilities indefinitely.

8. Indemnity
8.1. You agree to indemnify Dahua Technology Australia Pty Ltd, its
affiliates, employees, agents, contributors, third party content providers and
licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(c) any breach of the Terms.

9. Dispute Resolution
9.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses
have been complied with (except where urgent interlocutory relief is sought).
9.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must
give written notice to the other party detailing the nature of the dispute, the desired
outcome and the action required to settle the Dispute.
9.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(a) Within 7 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
mutually agree;
(b) If for any reason whatsoever, 7 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his or
her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting the
foregoing undertake to pay any amounts requested by the mediator as a
pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in New South Wales, Australia.
9.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent
possible, must be treated as “without prejudice” negotiations for the purpose of
applicable laws of evidence.
9.5. Termination of Mediation:
If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute
has not been resolved, either Party may ask the mediator to terminate the mediation
and the mediator must do so.

10. Venue and Jurisdiction
The Services offered by Dahua Technology Australia Pty Ltd is
intended to be viewed by residents of Australia. In the event of any dispute arising out
of or in relation to the Website, you agree that the exclusive venue for resolving any
dispute shall be in the courts of New South Wales, Australia.

11. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed, interpreted and
construed by, under and pursuant to the laws of New South Wales, Australia, without
reference to conflict of law principles, notwithstanding mandatory rules. The validity of
this governing law clause is not contested. The Terms shall be binding to the benefit of
the parties hereto and their successors and assigns.

12. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.

13. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.