Terms & Conditions

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AP Business Directory is an information service from Asian Pacific Building Corporation Pty. Ltd.

By completing the registration process, including the registration form, accepting these Terms and Conditions, and using AP Business Directory, you (the Subscriber) indicate your agreement to be bound by all of the terms in this document and accept services provided by AP Business Directory on "AS IT IS" basis.

Subscription to AP Business Directory is limited to parties that can lawfully enter into and promote their products/services under the applicable law. When you register you must provide your real personal details. AP Business Directory operates on the assumption that what you provide us with is correct. You are obliged to notify us immediately if there are any changes in your registration information. AP Business Directory reserves the right in its sole discretion, to reject any registration.

Term of Subscription

The term of the Subscription will commence on the date of the Subscriber’s registration and will continue, subject to the payment of Asian Pacific Building Corporation Pty. Ltd. invoice by the Subscriber for the period of twelve months and thereafter will be renewed annually by the Subscriber upon payment of the prevailing annual subscription fee determined by Asian Pacific Building Corporation Pty. Ltd.

Reservation of Rights

Asian Pacific Building Corporation Pty. Ltd. reserves the right to change these Terms and Conditions at any time. The changes will appear in this document, which the Subscriber can access at any time online. If the Subscriber does not agree to the changes, the Subscriber may cancel the subscription. If the Subscriber does not indicate an agreement, but continues using AP Business Directory, the Subscriber is deemed to agree to be bound by the changes.

AP Business Directory will store the information the Subscriber provided as part of the registration process, and provide aggregate statistical information about AP Business Directory subscribers to other parties.

Termination

Asian Pacific Building Corporation Pty. Ltd. may terminate, or discontinue or change the Subscriber’s subscription to AP Business Directory by notification to the Subscriber by e-mail or facsimile. The Subscriber may always terminate the subscription at any time and must notify Asian Pacific Building Corporation Pty. Ltd. by facsimile or e-mail of the Subscriber’s decision to terminate the subscription.

The subscription fee paid by the Subscriber is not refundable if this Agreement has been terminated by the Subscriber or by Asian Pacific Building Corporation Pty. Ltd. as a cause of the Subscriber’s breach of terms and/or conditions of this Agreement.

Subscriber’s License to AP Business Directory

By providing or placing any information or other material on AP Business Directory (including posting messages, uploading files, inputting data of engaging in any other form of communication), the Subscriber grants to AP Business Directory a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:

   1. Use, copy, sub-license, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and

   2. Sub-license to any third party the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. The Subscriber expressly waives in favour of AP Business Directory and any other party authorised by AP Business Directory all moral rights and any similar rights in any jurisdiction, which may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of AP Business Directory, the Subscriber will execute and deliver to AP Business Directory such instruments and take such other actions as may be requires to carry out this grant of license and waiver.

Input, Access, Correction and Upgrade of Information

The Subscriber may input, add, edit or delete the Subscriber’s information independently or providing the information to Asian Pacific Building Corporation Pty. Ltd. The information inputted or provided must be correct, accurate and timely. The Subscriber will confirm the information inputted by Asian Pacific Building Corporation Pty. Ltd. by e-mail or facsimile. If the confirmation is not received by Asian Pacific Building Corporation Pty. Ltd. within three working days, the information is considered been confirmed.

The information the Subscriber provides to Asian Pacific Building Corporation Pty. Ltd. is kept in a secure environment accessed only by authorised persons. The Subscriber will always have access to the information provided and to the aggregated statistical information available on AP Business Directory. The Subscriber can add, edit or delete information, except for the mandatory items required for the subscription. The Subscriber may access information using username and password that will be provided within three working days after registration.

Hours of Accessibility

After the registration is confirmed, the Subscriber is free to access AP Business Directory any time, seven days a week, 24 hours a day. AP Business Directory does not guarantee any minimum uptime for the Site, and there may be times where AP Business Directory may be down for routine maintenance or, in some circumstances, system failure.

Originality

The Subscriber warrants and represents that all Works submitted will be original and created by the Subscriber, which publication and use thereof will not infringe any copyright or any other right of any person or entity or be otherwise unlawful. The Subscriber agrees to indemnify and hold harmless AP Business Directory, Asian Pacific Building Corporation Pty. Ltd., and its owner, directors, sub-contractors and employees from any claim, damage, loss, or expense (including reasonable attorney's fees) arising out of any foregoing warranties or representations.

The Subscriber also agrees by using AP Business Directory, that any information for which you become aware of through any activity performed as part of your duties or responsibilities under this agreement shall remain confidential and shall not be disclosed to any third party without Asian Pacific Building Corporation Pty. Ltd. prior written consent.

Limitation of Liability

Asian Pacific Building Corporation Pty. Ltd. does not guarantee continuous, uninterrupted or secure access to our services, and operation of AP Business Directory may be interfered with by numerous factors outside of our control.

IN NO EVENT SHALL AP BUSINESS DIRECTORY BE LIABLE FOR LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WITH ANY DELAY OF OR INABILITY TO USE AP BUSINESS DIRECTORY, WITH ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH AP BUSINESS DIRECTORY, OR OTHERWISE ARISING OUT OF THE USE, OF INTENDED USE, OF AP BUSINESS DIRECTORY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OF OTHERWISE, EVEN OF AP BUSINESS DIRECTORY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Indemnity

The Subscriber hereby indemnifies Asian Pacific Building Corporation Pty. Ltd. in respect of any loss or damage action, claim, suit or proceeding against Asian Pacific Building Corporation Pty. Ltd. by any person or entity arising out of the use of AP Business Directory by the Subscriber including but not limited to breaches of the Trade Practices Act (C’th) 1974 and the Fair Trading Act (Vic) 1999.

The Subscriber acknowledges & accepts that it has not relied on any representations made by Asian Pacific Building Corporation Pty. Ltd. apart from those expressly stated in this Agreement.

The Subscriber releases Asian Pacific Building Corporation Pty. Ltd. from all any obligations/ liability, rights or claims or remedy in tort whether or not arising from the negligence of Asian Pacific Building Corporation Pty. Ltd.

Force Majeure

Asian Pacific Building Corporation Pty. Ltd. shall not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire/ explosions, Acts of God, War/ governmental action, or any other cause that is beyond the reasonable control of Asian Pacific Building Corporation Pty. Ltd.

Miscellaneous

The Subscriber may not assign the Subscriber’s rights or obligations to anyone. Nothing herein is intended to confer any right, remedy or claim upon any person, firm or corporation other than the Subscriber and Asian Pacific Building Corporation Pty. Ltd.

These Terms and Conditions and any policies or guidelines Incorporated by reference constitute the complete and entire expression of the agreement between the Subscriber and Asian Pacific Building Corporation Pty. Ltd.

Jurisdiction

These Terms and Conditions and the implementation or thereof shall be governed by the laws in force in the State of Victoria, Australia and any party hereto irrevocably submits to the exclusive jurisdiction of the Courts of Victoria including Federal Courts in Victoria.

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