Terms Of Use

TERMS OF USE

Ownership

Welcome to the Thrills of Asia website which is owned and operated by Thrills of Asia Pty Ltd.

Access and use

These are the general terms of Use for the website, the homepage of which is located at www.thrillsofasia.com and all sites within that network from time to time (“the Website”). Additional Conditions of Use apply to any person entering into any wagering transactions via links to this Website.

When using the Website you must comply with these Terms of Use, the additional conditions of Use if you have an account with Thrills of Asia and any notices and disclaimers elsewhere on the Website (known collectively as “Terms of Use”).

Subject to compliance with any applicable laws or regulatory requirements, Thrills of Asia may change the Terms of Use at any time so please read these each time you use the Website to ensure that you are kept up to date. Thrills of Asia will provide you with notification on the Website where Thrills of Asia reasonably believes that any variation to these Terms of Use will cause material detriment to you. If you do not agree with them, you should leave the Website immediately. By continuing to use the Website, you accept the current Terms of Use.

Intellectual property rights

The intellectual property rights (including copyright) in all information, text, material, graphics, fonts, icons, code (including HTML), audio, video, photographs, software and advertisements on the Website (“Content”) are owned by or licensed to Thrills of Asia. The Content is protected by Australian and international intellectual property laws.

You must not modify, copy, reproduce, sell, frame, scrape, upload to a third party, create derivative works from, post, transmit or distribute the Content in any way except as expressly provided for on the Website or expressly authorized in writing by Thrills of Asia. You may not use a trademark displayed on the Website without Thrills of Asia or the relevant owner’s written permission.

Further, you must not make use of any “Meta tags” or other “hidden text” that uses Thrills of Asia’s name or trademark or product name without Thrills of Asia’s written consent.

Conduct

You may, using an industry-standard web browser, download and view the Content for your personal, non-commercial use only.

In using the Website and any of the services provided by Thrills of Asia, you must not:

Disrupt the operation or security of the Website or those services or any accounts, servers, or networks connected or accessible through the Website;

use the Website or those services in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of the Website or those services;

submit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

submit any material of any kind which violates or infringes the rights of any other person, including material which is an invasion of any privacy rights, which is protected by copyright, trademark or any other proprietary right without first obtaining the permission of the owner or relevant right holder;

submit any material of any kind which contains a virus or other harmful component;

delete any author attribution’s, legal notices, or proprietary designations or labels in any material that is submitted;

modify or delete any content on the Website or add any content to the Website; or

attempt to gain unauthorised access to any part of the Website or those services.

Thrills of Asia reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Services and accuracy of information

Thrills of Asia does not warrant that the material or functions contained in the Website or your access to them will be uninterrupted, error-free or free of viruses or any other harmful components.

Thrills of Asia does not warrant or make any representation regarding accessibility, correctness, accuracy, timeliness, completeness, reliability or otherwise in respect of the Website or materials or functions contained on the Website.

You expressly acknowledge and agree that Thrills of Asia does not control users of the Website and is not liable for their behaviour including any information, defamatory statements or offensive conduct.

Delays and viruses

Thrills of Asia will not be liable for damage or loss resulting from any delay in operation or transmission, virus, harmful component, communications failure, internet access difficulties or malfunction in equipment or software, howsoever caused.

If the website is unavailable

It is your responsibility to use other means of effecting transactions and obtaining information if for any reason you are unable to use this Service or the Service is unavailable.

We undertake to make all reasonable efforts to ensure that the Service you use is available to you during the hours specified by us from time to time but we are not liable to you for or in connection with:

Failure of a Service to perform in whole or in part, any function which we have specified it will perform;

the unavailability of a Service to you in whole or in part because of the failure of the communication network, ancillary equipment or any circumstance beyond our reasonable control; or

Delays or errors in the execution of any transaction or instruction because of the communication network, ancillary equipment or any circumstance beyond our reasonable control.

Linked sites and advertising

You may be able to access third-party websites from this Website. Thrills of Asia does not make any representations in relation to the content, quality, or reliability of these websites, and Thrills of Asia’s inclusion of a link to them does not imply that Thrills of Asia has any relationship or affiliation with them. Thrills of Asia is not responsible for the content or practices of third-party websites that may be linked to the Website.

The Website may also be linked to other websites operated by companies affiliated or connected with Thrills of Asia. When visiting other websites, you must refer to each such website’s individual terms and conditions of use.

Thrills of Asia takes no responsibility for third party advertisements which are posted on the Website, nor does it take any responsibility for the goods or services provided by advertisers.

Limitation of liability

Subject to the following paragraph, under no circumstances will Thrills of Asia or any related corporation or their respective directors or employees be liable to you for any losses, damages, liabilities, claims or expenses (including legal costs) whether direct, indirect, or consequential howsoever caused (including, without limitation, negligence) suffered or incurred by you arising out of:

use of, or any inability to use the Website or any third party website;

the Content of this Website or any third party website; or

any services offered or made available to you by Thrills of Asia through the Website.

If the Trade Practices Act 1974 (TPA) or any other legislation implies a condition or warranty into these Terms of Use in respect of goods or services supplied by Thrills of Asia, and Thrills of Asia’s liability for breach of that condition or warranty may not be excluded but may be limited, the previous paragraph does not apply to that liability and instead Thrills of Asia’s liability for any breach of that condition or warranty is limited to in the case of a supply of goods, Thrills of Asia doing any one or more of the following (at Thrills of Asia’s election):

replacing the goods or supplying equivalent goods;

paying the cost of replacing the goods or of acquiring equivalent goods;

paying the cost of having the goods repaired,

and, in the case of a supply of services, Thrills of Asia doing either or both of the following (at Thrills of Asia’s election):

supplying the services again;

paying the cost of having the services supplied again.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the TPA or any other legislation which may not be excluded, restricted or modified by agreement.

Linking to this website

You must not create a hyperlink to any page within the Website unless Thrills of Asia gives you prior written permission.

Termination

Thrills of Asia reserves the right to immediately terminate this agreement or your use of, or access to, the Website at any time if Thrills of Asia decides at its sole discretion that you have breached the Terms of Use or any relevant law, rule or regulation or you have engaged in conduct that Thrills of Asia considers being inappropriate or unacceptable. All restrictions imposed on you, licenses granted by you and all Thrills of Asia disclaimers, limitations of liability and indemnities set out in the Terms of Use will survive any termination.

Indemnity

Thrills of Asia relies on your continued observance of these Terms of Use. If Thrills of Asia suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Thrills of Asia for those losses, damages and costs.

Miscellaneous

These Terms of Use apply to the full extent possible in relation to the supply by Thrills of Asia of any content or services for a wireless application protocol service (“WAP service”), a short messaging service for mobile phone users (“SMS Service”) and personal digital assistant service (“PDA service”).

These Terms of Use will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms which will continue in full force and effect.