VTech Electronics (Australia) Pty Ltd (“VTech”)
Terms and Conditions for Kid Connect (Australia)
These Terms and Conditions have been updated on 7
April 2016.
1
Applicability
1.1
“Kid Connect” is a proprietary digital content access and
communications application which enables you to send and receive messages and
content wirelessly between web-enabled mobile devices (such as smartphones,
tablets and InnoTab Wi-Fi tablets; it includes “Kid Connect Software”, which comprises digital software programs and
firmware updates owned by VTech or its licensors, and provided by us in
relation to Kid Connect, as well as content that may be provided through Kid
Connect.
1.2
These terms and conditions (“Terms and
Conditions”) apply to Kid Connect and Kid Connect Software, including the installation,
use, account registration and firmware updates relating to Kid Connect and Kid
Connect Software. We particularly draw your attention to sections 7.3, 11.3, 15 and 12 below, which explains the circumstances in which we
may suspend or terminate your use of Kid Connect and Kid Connect Software and
the conditions and limitations which apply to our liability to you in
connection with Kid Connect and Kid Connect Software.
1.3
These Terms and Conditions apply to all
invitations, orders and Contracts (as described in sub-section 3.1) relating to Kid Connect Software between you (“you”)
and VTech Electronics (Australia) Pty Ltd ACN 600 605 329 of 22 Albert Road,
South Melbourne, Victoria Australia 3205 (“VTech”,
“we”, “us” or “our”). By using the Kid
Connect Software, you agree to the Terms and Conditions and our privacy policy
(available at https://www.vtech.com.au/privacy_policy/) (the “Privacy
Policy”) which is deemed incorporated into these Terms and Conditions . If you do not agree in full to the Terms and
Conditions and the Privacy Policy, you should refrain from installing and using
Kid Connect and the Kid Connect Software.
We may vary these Terms and
Conditions in accordance with sub-sections 1.7 and 7.3 below.
1.4
Kid Connect and the Kid
Connect Software are intended solely for the use of individuals who already have
a Learning Lodge account with VTech (including persons using their
account). If you do not currently have a
Learning Lodge account, DO NOT download the Kid Connect Software. If you disregard this section and download Kid
Connect Software despite not currently having a Learning Lodge account, VTech
will not be responsible for any damage or loss caused to your device or
information stored thereon, and you may be held legally liable for any
resulting damage or loss caused to VTech by your download.
1.5
The Kid Connect Software
is available for individuals aged 18 or older.
If you are under the age of 18 you should review the Terms and
Conditions together with your parent/guardian to make sure that you and your
parent/guardian understand these Terms and Conditions. On the basis of the Terms and Conditions, a
Contract (as described below in sub-section
3.1) is formed between VTech and an
adult/parent/guardian of a child who makes use of the Kid Connect Software. In these Terms and Conditions, where the
context permits: references to things done by or on behalf of or in relation to
your children shall be deemed to be things done by or in relation to you and
vice versa; and references to a person using your account means you, your child
and/or other family members.
1.6
You can only register an
account by clicking accepting these Terms and Conditions as part of the
registration process. If you do not
accept the Terms and Conditions in whole, you are not permitted to register an
account. In that case you should cancel
the registration process, as Account Registration shall constitute your
acceptance of these Terms and Conditions.
If you cancel the account registration process, the process will
terminate and you will not be able to use the Kid Connect Software or Kid
Connect.
2
Special conditions
If an invitation (as described in sub-section 3.1) has a limited period of validity or is made under
certain conditions, this will be explicitly stated in the invitation.
3
Our Contract
3.2
If we cannot accept your
order and form a Contract with you we will inform you of our reasons for
this. You acknowledge that we may
investigate whether it is possible or appropriate for us to form a Contract
with you. For example, we may check
whether you are able to comply with our payment requirements. To the extent permitted by law VTech reserves
the right not to form the Contract based on these further investigations. In certain circumstances, rather than
rejecting an order from you it may be possible for us to attach special
conditions to the Contract with you. If
this is the case we will notify you and take steps to agree these special
conditions with you.
3.3
Where your use of Kid
Connect involves the purchase of software, content or other materials from us, this
shall be governed by your Learning Lodge terms and conditions.
4
Registration, accounts and passwords
4.1
To download and use Kid
Connect Software, you must first register an account with Kid Connect before
you will be able to download Kid Connect Software from Kid Connect (“Registered Account”).
4.2
You can open a
Registered Account in Kid Connect by completing the registration procedure
specified therein and providing the requested information to VTech. You must enter correctly and truthfully all
details requested by VTech during the registration process. Use of and access to your user account shall
be personal to you only (including for use by your child and other family
members).
4.3
You should not choose a
user name that infringes third-party rights, that impacts on the person of
VTech staff members or other users, that is deliberately confusing, or that is
racist, offensive, obscene, hurtful, unlawful or otherwise inappropriate or
that is in conflict with the applicable legislation or regulations. VTech reserves the right to form an opinion
about this at its own discretion, to refuse user names for any reason
whatsoever or to take other measures that VTech deems suitable.
4.4
You undertake to treat
as confidential passwords and other registration details chosen by you as well
as all activities undertaken using this password or under this account. You
agree that you will notify VTech immediately of any unauthorised use of
registration details.
4.5
Without prejudice to the
provisions of section 12 (Our liability to you), VTech shall in no way
whatsoever be held liable or responsible, either directly or indirectly, for
any loss or damage of any nature whatsoever suffered by you as a result of or
in relation to non-compliance by you with this section of the Terms and
Conditions.
4.6
We reserve the right to
delete any account that has been inactive for a period of a year or more since
its last activation, without any prior notice to the registrant, in which case
the Contract shall be terminated.
5.1
In consideration of the Terms and Conditions, VTech grants you a
non-exclusive, non-sub-licensable, non-transferable licence for the
duration of the Contract, to install the Kid Connect Software on applicable
devices (including smartphones and InnoTab Wi-Fi tablets) for personal use. You acknowledge that you will not acquire any
rights to the Kid Connect Software and/or Kid Connect other than this licence,
in accordance with the conditions as stipulated in the Contract of which these
Terms and Conditions form an integral part.
Kid Connect Software is licensed, not sold, to you only for the purpose
set out herein.
5.2
In order to use Kid Connect you must have a Learning Lodge account and provide
your own internet access at your expense.
There may be different versions of Kid Connect for different
countries. The version of Kid Connect
you are licensed to use will depend on the country where you bought your VTech
hardware product.
5.3.1 distribute, sell,
assign, pledge, sublicense, lease, deliver or otherwise transfer or grant
access to any part of or parts of the Kid Connect Software, including but not
limited to any textual or other content submitted to the Kid Connect Software
by users in any medium without the prior written authorization of VTech;
5.3.2 alter or modify any part
of the Kid Connect Software;
5.3.3 circumvent, disable or
otherwise interfere with any security related features of the Kid Connect
Software or features that (i) prevent or restrict use or copying of Kid Connect
Software content or (ii) enforce limitations on use of the Kid Connect Software
or the content accessible via Kid Connect;
5.3.4 use the Kid Connect
Software for any commercial use, without the prior written authorization of
VTech;
5.3.5 place content which is
inappropriate or contains discrimination, slander, defamation and/or any
provocation, exchange of abuse or incitement to hatred, or infringes on the
privacy and personal life or other rights of a natural person or that can be
assumed to be in any other way illegal;
5.3.6 collect or harvest any
personal data of any user of Kid Connect (and agree that this shall be deemed
to include VTech’s account names);
5.3.7 reverse engineer,
disassemble, decompile or re-create the source code relating to the Kid Connect
Software;
5.3.8 copy, translate, modify
or create derivative works based on the Kid Connect Software or accompanying
materials;
5.3.9 remove from the Kid
Connect Software any of the trade marks, trade names, logos, patent or
copyright notices or marking or add any other notices or markings or add any
other notices or markings to the Kid Connect Software.
5.4
Where the context permits, the terms of sub-section 5.3 shall also apply to Kid Connect.
6.1
This section 6 relates to content that you submit, transmit or upload
to Kid Connect (“Submitted Content”).
6.2
If you wish to back-up the whole or part of Submitted Content, you will
need to do so yourself. We will not
undertake the obligation of backing up any Submitted Content.
6.3
Submitted Content is not copied, kept or archived by us in the normal
course of business. You send the
Submitted Content via Kid Connect, and it is routed to the intended recipient
(who must be a person using your account), if such recipient is online. If the recipient is not online, the
undelivered Submitted Content is held in our server until it can be delivered. If the Submitted Content is undelivered for
thirty (30) days, the undelivered Submitted Content is deleted from our server.
You grant us a worldwide, non-exclusive,
royalty-free license to use Submitted Content as set out in this section.
6.4
Kid Connect may include functions where multiple users may post,
correct, edit, and delete Submitted Content. In such cases, the user who posted his/her Submitted
Content may allow other users to perform any editing in relation to the
Submitted Content.
6.5
Users shall maintain the rights regarding their Submitted Content, and we
shall not acquire any rights to such Submitted Content. However, if the Submitted Content is visible,
not just to the intended recipient but to any or all the other users, or
published in public domain, the user who posts the Submitted Content shall
grant us a perpetual, worldwide, non-exclusive, royalty-free licence (with the
right to sub-license such content to other third parties working together with
us), to use (after modifying such content, if we believe it necessary and appropriate)
such Submitted Content for our other services, litigation, business and/or
promotional purposes. We are not
responsible for the content or accuracy of any Submitted Content.
6.6
We may monitor or edit or delete Submitted Content, when we believe that
the Submitted Content may violate related laws or provisions set out in the
Terms and Conditions; however, we are not obligated to do so.
6.7
If we believe that a user has violated or may violate applicable laws or
provisions in the Terms and Conditions related to Submitted Content, then we reserve
the right to preclude the user’s use of the Submitted Content, and may delete
the Submitted Content without providing the user with prior notice; however, we
are not obligated to perform such actions.
7
Upgrades, updates and changes to the Kid Connect Software
7.1
VTech may provide Kid
Connect Software upgrades and updates from time to time through Kid Connect,
without any prior written notice being given.
Before initiating an update or upgrade, you should first read and
precisely follow the instructions for it.
The process must be carried out in an environment with a steady power
supply. If the update or upgrade process
is interrupted, your hardware product and/or any Kid Connect Software already
downloaded by you may not function properly.
You must follow the download procedure as explained through Kid Connect
in order to properly use the hardware product and/or the Kid Connect Software. To the extent permitted by law, VTech will
not be responsible or liable, directly or indirectly, in any way for any loss
or damage of any kind incurred as a result of, or in connection with, your
failure or inability to use Kid Connect, the Kid Connect Software or your hardware
product, including any damage which you could have avoided by following our
advice to apply an update or upgrade offered to you free of charge or for
damage which was caused by you failing to correctly follow installation
instructions or to have in place the minimum system requirements advised by us.
7.2
VTech may update or
upgrade Kid Connect or Kid Connect Software from time to time and such updated
or upgraded changes will be automatically provided to you the next time you
connect your hardware product to the Internet.
Unless explicitly stated otherwise, any new or additional features that
augment or enhance the current Kid Connect or Kid Connect Software, including
the release of new products or services, shall be subject to the Terms and
Conditions.
8
Your responsibilities
8.1
You must (and you must
ensure that or all persons using
your account):
8.1.1 comply with all policies
(including any acceptable use policy and privacy policy) in relation to the Kid
Connect Software and Kid Connect, as published by us from time to time.
8.1.2 ensure that the Kid
Connect Software and Kid Connect are used solely for their intended purpose;
8.1.3 not permit any other
person to use Kid Connect Software and Kid Connect and must not re-sell or
purport to re-sell Kid Connect Software and Kid Connect;
8.1.4 ensure there is no
unauthorized access, or harm caused, to our computer system or network or those
of our suppliers;
8.1.5 not commit, cause or
allow any breach (or do anything which might put us in breach) of any law,
regulation, government direction or industry standard or code;
8.1.7 not post or submit any
Impugned Content to Kid Connect;
8.1.8 not commit Defined
Abuse;
8.1.9 notify us immediately of
any security breach (suspected or otherwise) of the Kid Connect Software or Kid
Connect, or your account login details;
8.1.10
be solely responsible for arranging and maintaining all communications
services, system resources and other equipment and services needed to access
the Kid Connect Software and Kid Connect, including adequate bandwidth to
support
your use thereof;
8.1.11
promptly inform us of any change to your billing or address details;
8.1.12
be responsible for the timely and accurate
notification to us of any defect in the Kid Connect Software and Kid Connect or
other issue which may give rise to a warranty or consumer claim;
8.1.13
maintain an up-to-date copy of all of your data at all times, suitable
for restoring services in the event of loss or corruption of data on your or our
systems.
8.2
For the purposes of sub-section 8.1:
8.2.1 “Impugned Content” means content that:
(i)
is false or misleading according
to the Australian Consumer Law or any other law;
(ii)
is obscene, threatening or
defamatory;
(iii)
is invasive of privacy;
(iv)
infringes any persons’
intellectual property rights;
(v)
harasses another user or any other
person or group, or encourages such harassment;
(vi)
is verifiably untrue;
(vii)
constitutes commercial
solicitation, political campaigning, or involves the transmission of
unsolicited mass mailing (including spamming);
(viii)
identifies the author as someone
other than the true author of the post;
(ix)
is pornographic or sexually
explicit in nature;
(x)
or would otherwise reasonably be
considered illegal, objectionable or offensive;
8.2.2 “Defined Abuse” means misuse of Kid Connect including: (a) giving an
unauthorized person the user’s account and password details, (b) deliberately
or recklessly disrupting our service, (c) engaging in the practice known as
spamming, (d) using Kid Connect in an unlawful manner, (e) using Kid Connect to
menace or harass others, (f) Denial-of-service attacks on other users or
networks, (g) using Kid Connect to unlawfully obtain access to other networks,
or (h) as otherwise reasonably determined by us;
8.2.3 “Denial-of-service attacks” includes behaviour of a user that
results in disruption of our service, disruption of other people’s use or
enjoyment of Kid Connect, which includes but is not limited to computer
viruses, IRC harassment, e-mail bombardment, damage to internet-connected
resources and channel flooding.
8.3
You must ensure that
each person using your account
complies with each term in these Terms and Conditions that is applicable to
them. You shall be vicariously liable
and responsible to (and you fully defend and indemnify) us in respect of each
of those people’s use of any good or service (including the Kid Connect
Software and Kid Connect and including in circumstances where such people have
the benefit of any such good or service) and compliance with such terms.
9
Limitation, disclaimers and links to third party websites
9.2
You acknowledge and
agree that Kid Connect cannot be used for emergency calls or for emergency
help, such as ones made to law enforcement agencies, police, medical help,
maritime safety authorities, fire brigade, or other emergency services. We will not be liable to any person for any
loss or damage (whether direct, indirect, consequential or economic) as a result
of the attempted use of Kid Connect for such calls.
9.3
To the extent permitted
by law, the content, information and software provided through the Kid Connect
Software is provided on an “as is” and “as available” basis and VTech makes no
warranty, representation or condition, either express or implied, as to its
use, availability, accuracy or performance.
To the extent permitted by law, as a user you assume all risks and
responsibilities for its use or non-use and VTech makes no representation that
the content appearing on or downloaded via Kid Connect Software is compatible
for your computer or free from errors or viruses. No VTech employee, agent or representative is
authorized to modify or amend this warranty.
Nor does the information provided by VTech through the Kid Connect
Software made available by VTech release the user from the responsibility of
having to examine the suitability of this information and/or software for the purpose
intended by the user.
10
Security
You understand that the Kid Connect Software may comprise technical
security measures installed by VTech or its licensors, to protect the Kid
Connect Software and to prevent unauthorised use of the Kid Connect Software by
you. You understand that any use you
make of the Kid Connect Software that is in contravention of the right of use
obtained on the basis of the Contract may constitute a copyright infringement. The security technology forms an integral
part of the Kid Connect Software.
11
Intellectual property rights
11.1 All intellectual or industrial property rights to all Kid
Connect Software developed and/or made available pursuant to the Contract, materials made available, content
that is made available in Kid Connect or other materials such as
analyses, designs, documentation, reports, animations, testing modules, video
and/or photo material, as well as preparatory material for this, as well as the system of collected works which can be
considered a database or compilation, and trade marks are vested solely in
VTech or its licensors. Except as
specifically set forth herein, VTech retains all right title and interest in
all the contents and underlying software of the Kid Connect Software, or made
available therein.
11.2 You must not remove or
to alter any indication of copyrights, trade marks, trade names or other
intellectual or industrial property rights from the Kid Connect Software,
including indications of the confidential nature and non-disclosure of the
material.
12.1 Subject to any law to
the contrary (including the Australian Consumer
Law):
12.1.1
you
agree that VTech’s (and its suppliers’, licensors’, parent’s, subsidiaries’,
affiliates’, directors’, officers’, agents’, co-branders’, other partners’
and employees’) maximum aggregate liability in relation to any claim, loss or
damage (including without limitation any claim, demand, action, expense, cost,
loss, liability, proceeding (including reasonable legal costs)), whether
arising under or in relation to this agreement (including without limitation a
dispute as to breach or termination of this agreement), any tortious act or
omission (including without limitation negligence) or under common law or
statute, is limited to the amount actually paid by you to VTech in the six
months immediately prior to the relevant event occurring;
12.1.2
the
parties exclude any term, condition, warranty or representation which is not
expressed in this agreement (other than an “Implied Term”, being a term implied into this agreement by consumer
protection legislation and which such legislation prohibits from being excluded, restricted or modified, including for
example guarantees provided under the Australian Consumer Law);
12.1.3
(subject
to sub-sections 259(4) and 267(4) of the Australian Consumer Law in relation to
an Implied Term) in no event will VTech (or its suppliers, licensors, parent, subsidiaries, affiliates, directors, officers, agents,
co-branders, other partners or employees) be liable to you or to any other
person for any indirect, special, incidental, consequential, punitive or other
loss or damage, including loss of profit or loss of data, cost of procurement
of substitute goods or services arising out of the use or inability to use any
goods or services, whether based in warranty, contract, tort or other legal
theory and whether or not such party was advised of the possibility of such
damages, in relation to the subject matter of this agreement.
13.1 You will be responsible
for any claims, proceedings, damages, losses, injuries, costs and expenses or
liabilities suffered by VTech as a result of your breach of any of these Terms
and Conditions.
13.2 You warrant to us that:
13.2.1
all
information supplied by you is true and correct;
13.2.2
you
have made all necessary enquiries and satisfied yourself regarding the
suitability of the Kid Connect Software and Kid Connect for your purposes;
13.2.3
you
will not use the Kid Connect Software or Kid Connect in breach of any law or any person’s rights (including
intellectual property rights);
13.2.4
in
the case of an individual, you are over 18 years of age.
13.3
You
must indemnify and save harmless us and our related bodies corporate and our
suppliers and their respective officers, employees, contractors and agents (the
“Indemnified Persons”) from any
loss, injury, damage, liability, costs or expenses whatsoever suffered or
incurred by an Indemnified Person arising from or in connection with:
13.3.1
any
information provided by or on behalf of you or a person using your account;
13.3.2
the
use of the Kid Connect Software and Kid Connect by you or a person using your account;
13.3.3
any
alleged breach of a person’s rights (including, but not limited to, defamation,
intellectual property and privacy rights) in respect of the use of the Kid
Connect Software and Kid Connect by
you or a person using your account; and
13.3.4
any
breach of these Terms and Conditions by you or a person using your account.
14
Data backup and security
14.1
The
level and degree of data backup and security measures that VTech takes in
relation to any single customer depend upon the service options chosen by that
customer; each customer must play an active role in determining and maintaining
its own data backup and security. You shall
ensure that appropriate data backup and security measures are taken in relation
to your data (having regard to the criticality or sensitivity) of the data.
15.1 VTech or you may terminate
a Contract at any time.
15.2 If you do not comply
with any of the Terms and Conditions, VTech at its sole discretion acting
reasonably, without notice to you may immediately terminate the agreement
between VTech and you. To the extent
permitted by law, VTech shall not be liable to you or any third party for the
termination of the agreement.
15.3 Amounts owed by you to
VTech before the termination in relation to anything you have already carried
out or supplied in implementation of the Contract, will continue to be payable
in full and will become due immediately upon termination.
16
Privacy and data
16.1 For the avoidance of
doubt, Your Data (including all intellectual property rights in Your Data)
shall be owned by you. We will return
(and if required we will facilitate the return of) a copy of Your Data to you,
subject to: (a) all of your accounts first being paid in full; (b) you not
having breached the Contract; and (c) you paying our reasonable charges for
doing so. For the purposes of this section,
“Your Data” means data owned or
generated by or on behalf of you, where such data relates solely to you; Your
Data expressly excludes any material comprising a good or service supplied by us,
our data and our intellectual property.
16.2 Consent to use of data:
You agree that we may collect and use technical data and related information
(including but not limited to technical information about your device, system
and application software, and peripherals) that is gathered periodically to
facilitate the provision of software updates, product support, and other
services to you (if any) related to the Kid Connect Software and Kid Connect. We may use this information, as long as it is
in a form that does not personally identify you, to improve our products and
services or to provide services or technologies to you.
16.3 Usage data (including
metadata and customer usage) may be generated by the use of the Kid Connect
Software and Kid Connect, in which case:
16.3.1
where
applicable, all right, title and interest in such usage data is retained by you;
16.3.2
you
grant us a perpetual, non-exclusive, transferable, sub-licensable,
royalty-free, worldwide licence to use such data; and
16.3.3
you
consent to our use of such data (and to provide such data to others) for our
internal business purposes, for marketing purposes, for market analysis, to
analyse customer trends and where required by law.
16.4 We are not obliged to
review or monitor any of your use of the Kid Connect Software and Kid Connect (including
Your Data), although we may do so if such use violates any section contained in
these Terms and Conditions, or if required by law.
16.5 You authorize us to use
and provide personal information to our suppliers to the extent necessary to
fulfil our obligations under these Terms and Conditions.
16.6 We may also collect a user’s
personal information and use it for the following purposes:
16.6.1
for
marketing purposes, including to provide information about goods or services
which we or any of our suppliers or related bodies corporate or affiliates may
offer;
16.6.2
to
disclose to credit reference associations and credit reporting agencies for the
purpose of providing services or other credit providers providing services;
16.6.3
for
the purpose of engaging with, assisting and fulfilling our obligations to third
party suppliers;
16.6.4
for
purposes related to or arising out of our provision of services and credit.
16.7 You give your consent to
the types of use of information described in these Terms and Conditions. You give your consent to us sending
electronic messages (including commercial electronic messages) within the
meaning of the Spam Act 2003 (Cth).
16.8 VTech is committed to
protecting the privacy of the users of Kid Connect Software. Our policies regarding collection, use,
storage, protection, and disclosure of your information, are contained in VTech’s
Privacy Policy, which is incorporated into these Terms and Conditions by
reference and available at https://www.vtech.com.au/privacy_policy/.
16.9 By proceeding to use the
Kid Connect Software, you confirm that you have read, understood and agree to
this Privacy Policy in its entirety and grant us permission to process your
personal data that you have provided to us in accordance with the provisions of
the Privacy Policy. We therefore advise
you to read it carefully.
17
Complaints and queries
Should you have any questions concerning these Terms
and Conditions, our Privacy Policy or if you desire to contact VTech for any
reason, please contact your local consumer department using one of the
following options:
(a)
Direct Email > enquiriestoys_anz@vtech.com
(b)
Web Enquiry Form > https://www.vtech.com.au/support/contact_us/
(c)
Facebook > VTech Toys ANZ > Tech
Support form
18
General
18.2 We may assign or novate
any of our rights or obligations under these Terms and Conditions and you give
your consent to such assignment or novation, provided that we will not do so to
your detriment.
18.4 When you use the Kid
Connect Software or send e-mails to us, you are communicating with us
electronically. You consent to receive
communications from us electronically.
We will communicate with you by e-mail or by posting notices in Kid
Connect or Kid Connect Software. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such
communications be in writing.
18.5 We reserve the right to
provide users with advertisements via Kid Connect.
18.6 These Terms and Conditions
are not intended to limit or modify your statutory rights (where applicable) as
a consumer.
18.7 The section titles in
these Terms and Conditions are for convenience only and have no legal or
contractual effect.
18.8 The provisions and
conditions of these Terms and Conditions constitute the entire agreement
between you and VTech related to the use of the Kid Connect Software and Kid
Connect and supersedes any prior agreements or understandings not incorporated
herein. In the event that any
inconsistencies exist between these Terms and Conditions and any future
published version of these Terms and Conditions or understanding, the last
published Terms and Conditions shall take precedence.
18.9 Any provision which by
its nature would survive termination or expiry of the Contract (including
without limitation any exclusion or limitation of liability or indemnity in
these Terms and Conditions) shall survive termination or expiry of these Terms
and Conditions, including following sections: 9.1 – 9.4 (Warranty disclaimers and links to third party websites), 12 (Our liability to you), 13 (Your liability to us), 15 (Termination), 18.1 (Severability), 18.3 (Waiver), and 18.10 (Choice of law and forum).