Terms of Use
Sony Australia Limited (ABN 59 001 215 354) ("Sony") maintains this website
(the "Site") for your entertainment, information, education, and communication.
Your access and use of the Site is subject to the following terms and conditions
(the "Terms of Use") and all applicable laws. By accessing and browsing
the Site, you accept, without limitation or qualification, the Terms of Use and
the terms and conditions of Sony's
Privacy Policy. If you make a purchase on the Site, the Sale
Terms will also apply to you.
- All material on the Site is protected by copyright unless otherwise indicated and
may not be used except as permitted in these Terms of Use or in the text on the
Site. If you are browsing this Site as a non-commercial user, you may download material
displayed on the Site for your non-commercial, personal use only. If you are browsing
this Site as an employee/agent/member of any business or organization, you may download
material displayed or available on the Site only for non-commercial purposes within
your business or organization. This permission is conditional on your retaining
all copyright and other proprietary notices contained on or in the materials contained
in the Site and on your compliance with those notices and the Terms of Use. You
may not distribute or transmit (except within your business or organization), modify,
reuse, republish, report, frame, upload to a third party or use the contents of
the Site (including without limitation the text, images, audio, and video) for public
or commercial purposes without Sony's express written permission. You agree not
to infringe the copyright or other intellectual property rights belonging to Sony,
its affiliates or its third party content providers.
- Your use of the Site is at your risk. Sony makes no warranties or representations
as to its accuracy or completeness. Sony specifically disclaims any liability or
responsibility for any errors or omissions in the content on the Site whether Sony
is aware of such errors or omissions or not. To the fullest extent permitted by
law, neither Sony nor any other party involved in creating, producing, or delivering
the Site is liable for any direct, incidental, consequential, indirect, special,
punitive or exemplary damages or any loss of business, interest, goodwill, revenue
or profit, or loss or corruption of data, arising out of your access to, or use
of, or inability to use or access, the Site. Without limiting the foregoing, and
to the fullest extent permitted by law, everything on the Site is provided to you
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.Please note that the Trade Practices Act 1974 and similar
State and Territory legislation in Australia may confer rights and remedies on you
in relation to the provision by Sony of goods or services on the Site which cannot
be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding
the foregoing paragraph, Sony does not exclude any Non-excludable Rights but does
exclude all other conditions and warranties, whether implied by custom, law or statute.To
the fullest extent permitted by law, Sony's liability for breach of any implied
warranty, condition or undertaking which cannot be excluded is limited, at the option
of Sony, to: (a) in the case of services, the supply of the services again or the
payment of the cost of having services supplied again; and (b) in the case of goods,
the replacement of the goods or the supply of equivalent goods, the repair of such
goods, the payment of the cost of replacing the goods or acquiring equivalent goods,
or the payment of the cost of having the goods repaired.
- The trade marks used on the Site are either trade marks
of Sony and/or its affiliates, or used on the Site with the permission of their
respective owners. Nothing contained on the Site should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use any trade mark
displayed on the Site without the express written permission of Sony or, if applicable,
the third party owner of the relevant trade mark. All powers (if any) conferred
on you by section 26 of the Australian Trade Marks Act 1995 are expressly excluded.
- Features and specifications of products described or depicted on the Site ("Products"),
or available for purchase through the Site (including, without limitation, prices
of Products displayed on the Site and any delivery or other charges) are subject
to change without notice. All weights and dimensions mentioned are approximate.
All screens are measured diagonally and all screen images contained on the Site
are simulated unless otherwise indicated. Copyright may exist on television programs,
films, videotapes, CDs, MiniDisc and other materials. Unauthorised recording of
such materials may be contrary to applicable copyright laws.
- Sony assumes no responsibility, and shall not be liable, for any damage to, or viruses
that may infect, your computer equipment or other property on account of your access
to, or use of the Site or your downloading of any materials, data, text, images,
video, or audio from the Site. Sony also assumes no responsibility, and shall not
be liable, for any interruptions or errors in access to the Site or the accuracy,
timeliness, completeness, security or reliability of any communications (including,
without limitation, any transactions) made through or in relation to the Site.
- Sony does not wish to receive any product, marketing, advertising or other idea
that is not covered by an issued Australian patent. If you send any communication
or material to the Site by electronic mail or otherwise, including any data, questions,
comments, suggestions, or the like, all such communications are, and will be treated
as, non-confidential and non-proprietary. Anything you transmit or post may be used
by Sony or its affiliates for any purpose, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast, and posting. You grant to Sony
an irrevocable, perpetual, unrestricted, royalty-free worldwide licence to use,
copy, sublicense, modify, redistribute or otherwise deal with such information or
materials including, without limitation, and without any compensation to you, any
ideas, concepts, know-how, or techniques contained in any communication you send
to the Site for any purpose whatsoever, including, but not limited to, developing,
manufacturing, and marketing products or services using such information.
- The Site may refer to Products that are generally available for purchase in Australia.
A reference to Products on the Site does not imply or warrant that the Products
will be available at any time in your particular locality. You should check with
your local Sony authorised representative for the availability of specific products
and services in your locality.
- Sony is not responsible for the content of any site linked to from the Site. Your
linking to any other site is entirely at your own risk. While Sony may provide links
on the Site to other sites, the inclusion of such links is for your convenience
only and should not be interpreted as an endorsement of the owner/sponsor of the
site linked to or its content. Subject to any Non-Excludable Rights, Sony disclaims
all warranties, express and implied, as to the accuracy, validity, legality or otherwise
of any materials or information contained on such sites.
- Although Sony may from time to time monitor or review forums on the Site ("Forums"),
Sony is under no obligation to do so and assumes no responsibility or liability
arising from the contents of any Forums nor for any error, defamation, libel, obscenity,
profanity, or inaccuracy contained in any Forums. You are prohibited from posting
or transmitting on or via the Site
(1) any unlawful, threatening, harassing, defamatory, libelous, obscene, pornographic
or profane material;
(2) any material that could constitute or encourage conduct that would be considered
a criminal offence or give rise to civil liability, or otherwise violate any law;
or
(3) any material of any kind for commercial purposes, or which contains any promotional
material or advertising. You must not restrict or inhibit any other person from
using or enjoying the Site, or download any material posted by any other user if
you know, or ought reasonably to know, that such material cannot legally be distributed
in such a manner. Sony will fully cooperate with any law enforcement authorities
or court order requesting or directing Sony to disclose the identity of anyone breaching
this clause.
- If Sony provides you with user details to facilitate your use of or access to the
Site ("User Details"), or a particular section of the Site, you must not
disclose your User Details to any other person. It will be your responsibility to
ensure that your User Details are not disclosed to any other person. You are solely
responsible for all activities that occur using your User Details including, without
limitation, all activities authorised or unauthorised, lawful or unlawful, which
utilise your User Details. Sony is entitled to act on instructions received under
your User Details. Sony cannot and will not be liable for any changes made to your
User Details by another person using your User Details, or for any loss or damage
arising from your failure to adequately protect your User Details. For security
purposes, you should memorise (and not write down) your User Details.
- You agree to indemnify Sony and keep Sony indemnified against all actions, proceedings,
losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred
by Sony as a result of or in connection with any negligent act or omission, use
or misuse of the Site, violation of the rights of another user of the Site, or a
breach of these Terms, by you or anyone using your User Details.
- Sony may terminate this agreement and your access to the Site at any time without
notice. In the event of termination, you are no longer authorised to access the
Site, but any and all restrictions imposed on you under the Terms of Use, and licences
granted by you to Sony, and any Sony disclaimers and limitations of liability will
survive such termination.
- Failure of Sony to insist upon strict performance of any provisions of the Terms
of Use shall not be deemed a waiver of its rights and remedies. If any provision
of the Terms of Use is deemed by a court to be unenforceable, the remainder shall
stay in effect.
- Sony may at any time revise the Terms of Use by updating this web page without prior
notice to you, in which case the Terms of Use as modified will apply to you from
the date of modification You should periodically visit this page to review the then
current Terms of Use.
- The Terms of Use may not be altered, supplemented, or amended by the use of any
additional documents that purport to be an agreement between you and Sony. Any attempt
to supplement or amend this document shall be null and void.
- The Terms of Use are to be governed by and construed in accordance with the laws
of New South Wales, Australia, without reference to its conflicts of law rules.
Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction
of the courts of New South Wales. If any provision of the Terms of Use is found
to be invalid or unenforceable, such invalidity or unenforceability will not affect
the remainder which will continue in full force and effect.
Terms and Conditions of Sale
Warranty
Each product comes with its own Sony warranty. Go to the
Warranties section and refer to the warranty card corresponding
to the Products you intend to purchase for the relevant terms and conditions of
warranty ("Warranty Terms").
Sale Terms
The
Terms of Use, Sony's
Privacy Policyand the applicable
Warranty Terms form part of, and are hereby incorporated into, these
terms and conditions of sale (collectively the "Sale Terms").
The Sale Terms apply to your purchase of any Products on the Site.
- Sony Australia Limited (ABN 59 001 215 354) ("Sony") shall either by itself
or through its subcontractors sell and you shall purchase the products and services
offered for sale on the Site ("Products") in compliance with the Sale
Terms. Sony is entitled to appoint subcontractors to provide the Products and to
perform any act of Sony contemplated under this Contract. All orders placed by you
on the Site ("Orders") are accepted pursuant to the Sale Terms, which
supersede any other terms relating to the sale of the Products appearing on the
Site or elsewhere and shall override any other terms referred to by you or in any
course of dealing.
- An Order placed by you on the Site is an offer by you to purchase a particular Product.
Sony or its subcontractors reserve the right to accept or reject your Order for
any reason, including, without limitation, an error in your order or in the material
on the Site, or the unavailability of the Product. The contract to purchase a particular
Product only comes into existence upon acceptance by Sony or its subcontractors
of your Order. Products are subject to availability. In the event of shortage, Sony
may allocate sales and deliveries in its sole discretion
- Sony or its subcontractors will only accept Orders for delivery of the Products
if the delivery address is a street address in Australia and only if you if you
are a resident of Australia and over the age of 18 years. Sony or its subcontractors
reserve the right to limit the quantity of Products purchased by you.
- The price of a Product shall be as stipulated on the Site at the date of placement
of your Order. Unless otherwise indicated on the Site, all prices include all Australian
taxes.
- Unless otherwise indicated on the Site, you will be responsible for payment of all
transport and delivery charges for your purchases on the Site. Sony or its subcontractors
shall endeavour to arrange to deliver the Products to the delivery point in Australia
designated by you on your Order. Sony or its subcontractors will use its discretion
in selecting a reputable carrier and appropriate means of shipment. Any dates quoted
by Sony or its subcontractors for delivery of the Products are estimates only and
shall not form part of the Sale Terms.
- Sony or its subcontractors must receive full payment of the price of the Products
ordered, and any other charges (including delivery or freight charges) that may
apply to your Order, before they are delivered or supplied to you. You shall pay
for the Products by using one of the payment methods available on the Site.
- Where the Products are to be delivered by instalments, each instalment shall be
deemed to be the subject of a separate agreement and no default or failure by Sony
or its subcontractors in respect of any one or more instalments shall vitiate the
Contract in respect of the Products previously delivered or undelivered Products.
In the event that Sony or its subcontractors give notice to you that it is unable
to deliver any instalment of the Products, you shall be deemed to have accepted
those instalments already delivered but Sony or its subcontractors may reimburse
the price of the undelivered Products which have been paid for by you.
- If you fail to take delivery of the Products or any part of them when they are made
available to you, or fail to provide accurate instructions, documents, licenses,
consents or authorizations required to enable the Products to be delivered, Sony
or its subcontractors shall be entitled, upon giving written notice to you, to store
or arrange for storage of the Products, and then risk in the Products shall pass
to you, delivery shall be deemed to have taken place, and you shall pay to Sony
or its subcontractors all costs and expenses (including storage and insurance charges)
arising from your failure.
- Unless you notify Sony to the contrary by telephone, facsimile transmission or telex
within seven (7) days of delivery and such notification is confirmed in writing
within seven (7) days of its receipt by Sony, the Products shall be deemed to have
been accepted by you as being in good condition and in accordance with the Sale
Terms.
- Title and risk of loss or damage to the Products shall pass to you on the physical
delivery of the Products to the address identified by you in the Order. Notwithstanding
the foregoing, title to the Products which are software products shall remain with
the applicable licensor(s).
- In no event shall Sony or its subcontractors be liable to you for any indirect,
special, incidental or consequential damages resulting from performance or failure
to perform under an agreement pursuant to the Sale Terms, or from the furnishing,
performance or use of any goods or services sold or provided pursuant to the Sale
Terms, or due to late delivery or non-delivery of the Products, whether due to a
breach of contract, breach of warranty, negligence, or otherwise.
- Products are not authorised for use as critical components in life support systems
or situations where failure to perform can reasonably be expected to cause significant
injury to users or others.
- Sony may update, or discontinue any Product and/or revise prices for any Product
listed as available on the Site at any time. You agree that changes may occur between
any Product shipped to you and the Products described in marketing materials.
- You agree and warrant that the purpose of purchasing the Products is for your own
internal use only, and not for resale. Sony or its subcontractors shall be entitled
to refuse to accept orders placed by you if you breach or Sony or its subcontractors,
on reasonable grounds, suspects that you will breach this warranty. You shall not
remove components from the Products for resale.
- You agree to comply with all applicable export laws, regulations and orders of Australia
and the United States of America. Specifically, but without limitation, you agree
not to re-export or ship, directly or indirectly, any Products or technical data
in any form without first obtaining Sony's prior written consent and the appropriate
export or re-export licenses from the Government of Australia and/or the Government
of the United States of America.
- Sony or its subcontractors shall not be liable for any delay or failure in its performance
caused by or resulting from acts of God, fire, flood, accident, riot, war, government
intervention, embargoes, strikes, labour difficulties, equipment failures, or any
other causes beyond its reasonable control.
- An attempt by you to enter an Order which is subject to additional or altered terms
and conditions shall be null and void.
Parallel Import WARNING!
Sony Australia is the authorised distributor of Sony branded computer, consumer
electronic & media products in Australia. Recently we have observed other suppliers
offering imported Sony product from overseas and selling through retail outlets,
other dealerships as well as online via the Internet, etc., to Australian consumers.
Consumers should exercise care when acquiring these products. Also, from time to
time we have become aware of a growing number of "copy" of "fake"
Sony products being brought into Australia and being sold the same way as above.
In particular, consumers should;
- Check that the product conforms with all Australian electrical
safety standards;
- Check that the product conform to Australian RF emission
& Safety standards;
- Check if the product incorporates a tuner ( TV's, VCR's,
portable Audio, etc. ), and if so does it properly support the Australian frequencies
& broadcast formats;
- Check that the seller will provide and honour the product
warranty. Some products offered may not be carried by Sony Australia and we may
be unable to help if the seller fails to honour the warranty;
- Check that the product is definitely a "genuine"
Sony product and not a "copy" or "fake".
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks")
listed below are trademarks of Sony and/or its affiliates. Any other Trademarks
used in the Site are trademarks of their respective owners. Nothing contained on
the Site should be construed as granting, by implication, estoppel, or otherwise,
any license or right of use any Trademark displayed on the Site without the express
written permission of Sony or such third party owner. The trademark "SONY"
and any other product names, service names or logos of SONY used, quoted and/or
referenced in this Web Site are trademarks or registered trademarks of Sony Corporation
or any of its affiliates. Other product names and/or company names used in the Web
Site are used with the permission of their respective owners and may be protected
as their trademarks and/or trade names.
(In alphabetical order)
5 50 MUSIC, A:SA II, ACRY-TAC, ATRAC, AUTOSOUND & Device, AVLS, B CORD &
Beta Character, BAMBOO, BEAT & Device, BESIDE, BETA B & Beta character,
Beta Character, BETACAM, BETACAM SP, BETACAM SX, BETACART, BETAMAX, BETAMAX &
Beta characters, BETAMAX B & Beta character, BETAPRO, C Letter logo, Caduceus
symbol, CAPTURE, CAPTURE IT ALL ON & SONY TAPE, CD +, CD PLUS, CHAOS, CHAPMAN,
CHROMALLY, CIT Logo, CLUB, COLLECTOR'S CHOICE, COLOMBO, COLUMBIA, COLUMBIA &
Device, COLUMBIA COUNTRY CLASSICS, COLUMBIA GRAFONOLA, COLUMBIA MAGIC NOTES &
Device, COMIX, COMPO S, CORONET, COVERT RECORDS, CRVDISC, CRYSTAL SHELL, CRYSTALEYE,
CX, D 8 & Device, DANCE POOL & Dancer Device, DANCE POOL & Device, DATACAPSULE,
DDS DIGITAL DATA STORAGE, DEED, D-EIGHT, D-EIGHT & Device, DESKTOP LIBRARY,
DIGIRULER, DIGITAL BETACAM, DIGITAL MAP, DIGITAL MASTER, DIGITAL SKETCH, DIGITAL
SPARKLE, Disc Device, DISCMAN, Diverging arrows device, DME-LINK, DODECAHORN, DRUM
BASS, DRUMPAD, DUAL SHOCK, DUALITY, DV, DYNAMIC TRACKING, DYNAMICRON, E3G ELECTRONIC
BOOK, E3XA ELECTRONIC BOOK, EDIT GEAR, EGGO, EMBASSY, EPIC, EPIC SOUNDTRAX, ES ELITE,
ESPRIT, EVERYBODYS GOLF, FAMILY STUDIO, FD TRINITRON WEGA, FELICA, FIGURE HEAD,
FLEXIPAD, FLEXY, FLEXYDISK, FONTOPIA, FREEDOM & Device, FUSION, GENESIS, GRAN
TURISMO, GREENPLUS, H.AIR, HANDYCAM, HARMONY & Record Device, HD, HDVS, HEAD
LOADING, HI BLACK, HIFD, HIT BIT, HOME CINEMA, HYBRIX, I Logo, i.link, IE &
Device, INDEXTRON, INFOMAN, INTEGRA, IT'S A SONY, JOG DIAL, JOYFUL, JUMBOTRON, KEYFRAME-LINK,
KIRARA BASSO, L LEGACY, La Voce, L'AMUSE, LAPIS, LASERMAX, LEGACY, LIBERTY, M Logo,
MAGIC CHANGER, MAGIC LINK, MAGIC NOTES, MAGNESCALE, make.believe, MASTER SOUND,
MASTERSHOP, MASTERSOUND, MAVICA, MAVIGRAPH, MAVIPAK, MD LINK, MD LINK PLUS &
Arrow Device, MD WALKMAN, MDD & Device, MEDIA PAL, MEGA BASS, MELF, MEMORICH,
MEMORY STICK, MEMOTCH, METAL SERVO, METALSERVO, MICROWORLD, MILLENNIA, MINIDISC
WALKMAN, MMCD, MURMUR, MUSIC NOTE Device, Music Notes on Quaver device, MUSICA &
Music Note Device, Musical Instruments Device, MY FIRST SONY, MY SONY, MY SONY logo,
NETMAN, NEWS, NEWSMAKER, NT & Device, NUDE, O & Camera Device, ODYSSEY,
OKEH, ORIOLE, Ovals device, PALM TOP & Device, PALMTOP, Pela Pela, PIXY, PLASMATRON,
PLAY T.V., PLAYSTATION, POCKETSTATION, PORTRAIT, POWERLINE & P Device, PRESH,
PRISM, PRO DAT PLUS, PROFEEL, PROSOUND, PS, PS & Device, PYXIS, QUARTER L, QUATTRO,
RAD Range, REDISC, REPEAT LEARNING SYSTEM, ROGER, S Logo, S3 Logo, SBM, SCENA, SCOOPMAN,
SCREENERS, SD, SDDS, SDDS SONY DYNAMIC DIGITAL SOUND, SdevTC, SDT SONY & Device,
SEARCHMAN, SECUTIVE, SERVMAN, SHOT BOX, SMV & Device, SODA & Soda Bottle
Device, SONAHAWK, SO-NET, SO-NET & Device, SONETT, SONOPTOR, SONY, SONY BASIC/1,
SONY BROADWAY, SONY CENTER AM POTSDAMER PLATZ & Device, SONY CINEMATIC, SONY
CLASSICAL, SONY CLASSICAL FILM & VIDEO & Film Device, SONY COMPUTER ENTERTAINMENT
& S Device, SONY ELECTRONIC PUBLISHING, SONY I-FILE, SONY KID'S VIDEO &
Device, SONY MANAGEMENT GAME, SONY MUSIC ENTERTAINMENT, SONY TAPE, SONY TAPE PRO-SHOP
& Cassette Device, SONY VIDEO 8, SONY WONDER, SOUND SCOPE, SPOT-O-MARC, STAMINA,
STARWOOD, STEADY SHOT, STRAC, SUPER BIT MAPPING, SUPER MIX, SUPER SLIDE, SUPER TRINITRON,
SUPERBRIX, SWEEPSTATION, Sxnet, TEKMAN, TELEDISC ENTERTAINMENT, THE GOSPEL SPIRIT,
THIS IS IT ULTIMATE ENTERTAINMENT, Thumbs-up Device, TIME TRIP, Treble Clef Device,
Triangle, Circle, Cross & Rectangle Logo, Trident Device, TRINICON, TRINITRON,
TRINITY, TV1 TV1 TV1 & Device, U-CEIVER, U-MATIC, UNILINK, V, VAIO, VIEWTOPIA,
VIRTUOSO, VisionArt, VISIONTOUCH, VISUALTOUCH, VIVARTE, VL Logo, VOICE OF JAPAN,
WALKMAN, WALKMAN & Runner device, WALKMAN WORLD, WATCHCAM, WATCHMAN, WEBMAN,
WEGA, WILD ARMS, WONDER, WORK, WORLD BAND, X-SIGHT, YAROZE, YPPY Logo.