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TV Terms and Conditions

1. ACCEPTANCE
1.1 Mehr Global Pty Ltd trading as Mehriran.tv ABN 45 158 784 359 (referred to as Mehriran.tv, we, us, or our) provides online television services (Services) which specialises in the publishing and production of news, articles, eBooks, documentaries, audios and videos, relating to the history, culture and art of ancient Persia (Iran).
1.2 The Services are available on our website which is available at www.mehriran.tv (Site).
1.3 These Terms and Conditions (Terms) form a binding legal agreement between Mehriran.tv, its directors, officers, employees, successors and assignees, and each person, organisation or entity using our Services including viewing our works (you, your or User). By using the Site and Services, you agree to comply with and be legally bound by these Terms. Please read the Terms carefully. Please contact us using the contact details at the end of these Terms if you have any questions.
1.4 Provision of and quality of our services depends on certain browser requirements and internet speeds. Please check your browser and internet speed to ensure that these meet the minimum requirements as set out on the Site.
1.5 Our Terms of Use set out terms and conditions for using our Site. Our Privacy Policy sets out how we collect, use and protect your personal information. These are available on our Site.
2. SERVICES
2.1 Our Site and Services can be accessed by the general public. However, in order to leave a comment or purchase any particular product in relation to our Services, you will be required to register on our Site.
2.2 When you register on our Site, you will be required to provide certain information to create an account (Account). It is your responsibility to keep your account details confidential and you are liable for all activity on your Account, including any purchases which are made using your Account.
2.3 We may provide the Services to you using our employees, contractors and third party providers and they are included in these Terms.
2.4 Suppliers of third party services who are not an employee or our direct contractor (Third Party Services) will be the responsibility of the User. We are not responsible for the quality of service provided by suppliers of Third Party Services. The User must make direct arrangements with them.
2.5 If you require any additional services (Variation) to what is provided on the Site, you are welcome to contact us, and we will consider the Variation. We have discretion whether or not to accept your Variation request.
2.6 If we do agree to a Variation, we will communicate the relevant fees to you (Variation Fee). You will need to accept the Variation and Variation Fee before we commence work. We will invoice you for the Variation accordingly.
3. PAYMENT
3.1 For general viewing purposes, there are no fees for our Services.
3.2
3.2 For Users who would purchase products from our Site, you agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product. Amounts are stated in the currency as set out on the Site and are exclusive of Australian GST and any relevant VAT.
3.3 You must pay for the product by credit card or via PayPal. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
3.4 Any payments made via PayPal will be made in accordance with the PayPal Terms and Conditions.
3.5 Our pricing structure or payment methods may be amended from time to time in our discretion.
4. USER OBLIGATIONS AND WARRANTIES
4.1 You warrant that throughout the term of this Agreement that:
  (a) there are no legal restrictions preventing you from agreeing the Terms;
  (b) you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services;
  (c) the information you provide to us is true, correct and complete;
  (d) you will not infringe any third party rights in working with us and receiving the Services;
  (e) you will inform us if you have reasonable concerns relating to our provision of Services under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns;
  (f) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
  (g) you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;
  (h) if applicable, you have a valid ABN which has been advised to us; and
  (i) if applicable, you are registered for GST purposes.
5. INTELLECTUAL PROPERTY AND LICENSE
5.1 Our Site and Services contain material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site (Collective Content). Mehriran.tv and all material used in connection with the Site and Services are unregistered or registered trademarks of Mehriran.tv.
5.2 Mehriran.tv grants you a revocable, worldwide and non-exclusive license to read and view, for personal and non-commercial purposes, the news, articles, eBooks, documentaries, audios and videos that are made available to you via our Site and Services. 5.3 You agree that, as between you and us, we own all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the copyright which subsists in all creative and literary works displayed in our Site and Services. The Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Mehriran.tv or the owner of the content.
5.3 Other trademarks, service marks, graphics and logos used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
5.4 Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Mehriran.tv or the applicable trademark holder.
6. CONFIDENTIAL INFORMATION
6.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.
6.2 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
6.3 These obligations do not apply to Confidential Information that:
  (a) is authorised to be disclosed;
  (b) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
  (c) is received from a third party, except where there has been a breach of confidence; or
  (d) must be disclosed by law or by a regulatory authority including under subpoena.
6.4 The obligations under this clause will survive termination of these Terms.
7. FEEDBACK AND DISPUTE RESOLUTION
7.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact any member of our staff.
7.2
7.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure.
  (a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
  (b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
7.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
8. TERMINATION
8.1 Users who have an Account on the Site are able to terminate at any time.
8.2 We may terminate the Terms immediately and prevent you from using our Site or any of our Services, in our sole discretion, if:
  (a) we consider that your activity on our Site or any of our Services are inappropriate, improper or unlawful;
  (b) you fail to provide us with clear or timely instructions to enable us to provide the Services;
  (c) we consider that our working relationship has broken down including a loss of confidence and trust; or
  (d) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe.
8.3 On termination of these Terms you agree that any payments which have been made are not refundable to you, and you are to pay all invoices for Services rendered to you.
8.4 We will retain your documents (including copies) as required by law or regularity requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
8.5 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
9. LIMITATION OF LIABILITY AND DISCLAIMERS
9.1 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
9.2 Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
9.3 Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
9.4

Goods (only applicable to Users who have purchased a product from the Site): If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
9.5

 

9.5 Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
9.6 Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.
9.7 Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services. 9.8 Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:
  (a) implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;
  (b) our Services being unavailable; and
  (c) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
9.9 This clause will survive termination of these Terms.
10. INDEMNITY
10.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
  (a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
  (b) any breach of these Terms; and
  (c) any misuse of the Services from or by you, your employees, contractors or agents.
10.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
10.3 The obligations under this clause will survive termination of these Terms.
11. GENERAL
11.1 Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you.
11.2 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
11.3 GST: If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
11.4 Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
11.5 Assignment: The Terms is personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
11.6 Severance: If any provision (or part of it) of the Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of the Terms are valid and enforceable.
11.7 Notices: Any notice required or permitted to be given by either party to the other under these conditions will be in writing addressed to you at the address in the Proposal. Our address is set out in the Proposal. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
11.8 Jurisdiction & Governing Law: These terms are governed by the laws of Victoria and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
12. DEFINITIONS
12.1 Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
12.2 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
12.3 Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidentialinformation and any other proprietary or industrial rights relating to Mehriran.tv (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business; trade, business company or organisation names; internet domain names; and Site content, images and layout.
12.4 VAT means the amount of value-added tax which users may be required to pay for products and/or services.
   

Mehr Global Pty Ltd trading as Mehriran.tv (ABN 45 158 784 359)

Suite 418, 1 Queens Road, Melbourne, Victoria 3004, Australia

Tel: +61(39)8638169

info@mehriran.tv