Terms of Use

ACN Website (acnpacific.com) Terms of Use

The ACN website (or “website”) is operated by ACN Pacific Pty Ltd (“we” or “ACN”). Your access to and use of the ACN website is subject to these terms, the ACN Privacy Policy, the ACN Copyright and Trade Mark Notice.

While ACN makes all reasonable efforts to ensure that the information contained on this website is accurate, it gives no warranty, representation or undertaking, express or implied, that such information is accurate or complete. ACN disclaims all warranties, express or implied, including but not limited to warranties of fitness for particular purpose, merchantability and non-infringement. ACN accepts no responsibility to any person for any false, inaccurate or misleading information or for any interpretation, opinion or conclusion that you may form as a result of using this website. This website will be updated periodically and the information and content, including prices, charges, product and service descriptions, available from this website will change. In no event will ACN be liable for any loss arising as a result of the inaccuracy, incompleteness or alteration of information contained on this website.

Limitations of Liability

To the extent permitted by law, neither ACN nor any of its officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you through the use of the website or in connection with any products, services or information supplied, offered to be supplied or advertised via the ACN website.

To the extent permitted by law, all warranties, conditions and representations about the website, the availability of MyACN, the content, products and services advertised, offered to be supplied or supplied via MyACN are excluded. If a term is implied by law into these Terms of Use and the law prohibits the exclusion or modification of liability under that term, then it will be included in these Terms of Use. ACN’s liability for breach of such term is limited, at its option, to one or more of the following:

(a) in relation to goods:

(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) payment of the cost of having the goods repaired;

(b) in relation to services:

(i) the supply of the services again;
(ii) the payment of the cost of having the services supplied again.

Change of Terms

ACN may change these Terms of Use and any other information relating to the products and services offered thereon, including prices, at any time. Your subsequent use of the website indicates the acceptance of such changes.
Links to Third Party Websites

Links to third party websites are provided solely for your convenience. ACN is not responsible for the condition or the content of those sites. ACN does not represent that the content or services available from third party sites are appropriate or available for use in all parts of Australia. ACN does not make any warranty as to the accuracy, completeness or currency of the content of third party sites.

Browser Version Disclaimer

MyACN website has been optimised for viewing in Windows Internet Explorer version 6. If you are running any other browser or browser versions, you may encounter problems with certain sections of the website.

ACN Pacific (www.acnpacific.com.au) was optimised for viewing in the following Operating Systems and Browser:

Windows XP:

Windows Explorer 7, Windows Explorer 8, Firefox 3 and Google Chrome.

Mac OSX 10.6:

Safari 5, Firefox 3 and Google Chrome 10.

Intellectual Property

This site contains registered trade marks and trade marks which are the subject of pending applications or which otherwise are protected by law. Unless otherwise indicated, the trademarks are owned by ACN, Inc., and are protected under Australian law and the laws of other countries.

The material on this site is the copyright of ACN and is protected by copyright under the laws of Australia and other countries. You may save an electronic copy, or print out a copy, of parts of this site solely for your own information, research or study, but only if (a) you do not modify the copy from how it appears on this site; and (b) you include the copyright notice “© ACN, Inc. 2010” on the copy. You must not, however, reproduce, frame, transmit (including broadcast), adapt, link to or otherwise use any of the content except with ACN’s prior written consent.

Security Disclaimers

You acknowledge that the ACN website, including customer self care and all the services offered thereon, is an Internet based service and, although ACN endeavours to maintain the security of information, it cannot guarantee that information you receive or supply during your visit to the ACN website will be secure or protected at all times.

You are responsible for maintaining the security of any password allocated to you by ACN which enable access to parts of the ACN website. ACN shall not be responsible or liable for any loss or damage you suffer from unauthorised access to your customer details as a result of a failure to keep your password secure.

ACN accepts no responsibility for the security or protection of any credit card details provided when ordering goods and services or signing up or applying on-line. ACN is not liable for any loss or damage you may suffer due to unauthorised use of your credit card details.

Indemnity

You agree to indemnify and hold ACN, its parent company ACN, Inc., its officers, agents, suppliers, partners and employees, harmless from any claim or demand made by any third party due to or arising out of your use of the ACN website or your breach of these Terms of Use.

General

If any of these Terms of Use are invalid or unenforceable, they will be struck out and the remaining terms will remain in force.

If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.

These Terms of Use are governed by the law in force in the state of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and courts of appeal from them for determining any dispute concerning this agreement.