Terms and Conditions of Harman Global Holdings PTY LTD
These Terms of Use apply to your use of this website with the URL address www.hgh.com (the “Website”). The Website is operated by the Harman Global Holdings PTY LTD, Suite 45B, Level 45, 2 Park Street, Sydney, NSW 2000 ( ABN: 5616 6080 360) (referred to as “we”, “us” and “our”).
AGREEMENT BETWEEN USER AND HARMAN
In order to protect the interests of all of our users, as well as those of our information providers, we ask that you abide by the rules contained herein. By using www.hgh.com, you hereby agree to be bound by all of the following terms and conditions (Terms of Service or TOS).
By accessing or using this Website you agree to accept these Terms of Use. If you do not accept these Terms of Use you must not use this Website.
We may revise these Terms of Use from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms of Use, as amended.
In addition to the provisions of these Terms of Use, there may also be specific and additional terms that apply to certain sections of this Website. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.
CONTENT, TRADEMARKS, COPYRIGHTS AND LINKING TO THIS WEBSITE
Unless otherwise indicated, all materials and information on this Website including without limitation any logo, design, text, graphic and their arrangement (“Content”) are licensed to or owned by Harman. Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior permission or the written permission of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.
You acknowledge and agree that if you contribute to the Content of this Website, such Content:
• is either owned by you or by a third party which has given you permission to contribute such Content to the Website;
• will not contain any third party copyrighted material or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material; and
• will become our property and you hereby assign, or will procure the assignment of, all rights, title and interests in and to such contributions to us.
Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (“Feedback”) will be deemed to be non-confidential. We have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purposes whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.
Any trademarks appearing on this Website are the trademarks of the relevant owner. You must not use any trademarks that appear on this Website without the prior written consent of the trade mark owner.
LINKS TO OTHER WEBSITES
This Website may contain links and other pointers to external websites operated by third parties. Any such website is not under our control and we do not take any responsibility for the contents of any such site.
In particular, and to the extent permitted by law, Harman makes no warranties or representations:
• regarding the quality, accuracy, merchantability or fitness for purpose of third party material or products or services available through third party websites; or
• that third party material does not infringe the intellectual property rights of any person. Harman is not authorizing the reproduction of third party material by linking material on this Website to any third party material.
You take sole responsibility for the use of any external website.
You must not create a link to this Website from another website or document without our prior written consent.
SOFTWARE DOWNLOADS
Any software that is available to download through links from this Website is a third party product unless otherwise indicated. Your use of that software may be subject to a license agreement between you and the software owner. To the extent permitted by law, Harman accepts no liability in respect of such third party software and Harman provides no warranty and gives no endorsement in respect of such products or any party connected with them.
WARRANTIES AND DISCLAIMERS
The Content and this Website are provided “as is” and “as available”. To the fullest extent permissible pursuant to applicable law, Harman disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement. Harman does not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware or software you are using to access it. You assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make representations regarding the use or the results of the use of this Website or its content in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The content of the Website may contain general information about Harman’s investments, products and services. Unless expressly stated otherwise, the content of the Website does not:
• constitute an offer or inducement to enter into a legally binding contract;
• form part of the terms and conditions for our investments, products and services;
• purport to provide you with personal, financial, taxation or investment advice of any kind; or
• take into account of your particular financial position or requirements.
The Website may include information about investments and their prices. Unless expressly stated otherwise, the content of the Website does not reflect the current or “real time” price of the investment. Any information on this Website relating to the distribution history or performance history of any investment should not be taken as an indication of the future performance of the relevant investment. Harman does not guarantee the repayment of capital, the performance of or any particular rate of return from any investment. Investments in the Harman Global Holdings, is subject to investment and other risks, including loss of income and principal invested.
Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described.
Your use of this Website including all Content is at your own risk. Before taking or refraining from any action in reliance on the Content or the Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content or the Website, including any information, predictions, opinions and statements contained in this Website.
LIABILITY AND COMPLYING WITH LAWS
To the maximum extent permitted by law, and except to the extent expressly specified or referenced in these Terms of Use, Harman is not liable (whether in contract, tort, under statute or otherwise) for any loss of profit or revenue, loss of use, legal costs and defense or settlement costs) that you or any other person incurs arising directly or indirectly out of or referable to material on this Website or to third party material.
Liability of Harman for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the maximum extent the law allows.
USER CONDUCT
You are responsible for all of your activity in connection with accessing and using this Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information from another user of this Website.
In accessing this Website, you must not:
• disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;
• disrupt or interfere with any other user’s enjoyment of this Website or linked websites;
• use any robot, spider, other automatic device or manual process to monitor, copy of extract any web pages on the Website, or any of the Content, without our prior written permission;
• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;
• reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with this Website or any part thereof;
• use this Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity;
• engage in any kind of illegal, criminal or tortuous activity through the use of the Website, including infringement of any third party intellectual property rights (including without limitation copyright, trademarks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of application export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code; or
• attempt to obtain unauthorized access to this Website or parts of this Website.
If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website.
You must comply with all applicable local, state and international laws and regulations that relate to your use of or activities on this Website, including laws of the country in which you reside or from which you access this Website. We reserve the right to report potentially criminal activity to the appropriate law enforcement agencies.
INDEMNITY
You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or related to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Website, your breach of these Terms of Use, or your breach of any rights of third parties.
PRIVACY
Harman treats personal information with respect and integrity. Our Privacy Statement explains how personal information will be treated as you access and interact with this Website and can be accessed here.
GENERAL
Any part of these Terms of Use must be read down to the extent necessary to prevent that part or these Terms of Use being invalid, voidable or unenforceable in the circumstances. Despite that reading down, if a part of these Terms of Use is still invalid, voidable or unenforceable, and if the part would not be valid or voidable if a word or words were removed, then that word or those words will be deleted and the rest of these Terms of Use will continue to be fully enforceable.
No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
A reference to “$” or “dollars” throughout this Website is a reference to Australian currency, unless stated otherwise.
These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Miscellaneous
We reserved the right at their discretion to change these Terms of Service. These Terms of Service will be governed by and construed in accordance with the laws of the state of New South Wales, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Service must be filed in the federal or state courts located in Town Hall House Level 2, 456 Kent Streen, NSW within one year after the cause of action arises or the cause is barred.
Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY.
Privacy Policy of Harman Global Holdings PTY LTD
1. Introduction
Harman Global Holdings PTY LTD complies with the Australian Privacy Principles contained in the Privacy Act 1988 and the Privacy Amendment (Enhancing Privacy Protection) Act 2012 to protect the personal information Harman Global Holdings PTY LTD holds about individuals.
The Policy applies to all companies, subsidiaries, divisions and organizations within the Harman Global Holdings PTY LTD.
2. Personal Information:
Personal information is defined as information or an opinion that can identify or can reasonably identify an individual.
3. Collection of Personal Information:
The type of personal information that Harman Global Holdings PTY LTD collects will depend upon what dealings the relevant individual may have with Harman Global Holdings PTY LTD. Harman Global Holdings PTY LTD may collect and hold information about:
● Purchasers or potential purchasers (for example, when purchasing a Harman Global Holdings PTY LTD property, or when responding to requests for information about a Harman property);
● Individuals as tenants (for example, when entering into or applying to enter into a lease with Harman);
● Suppliers (for example, when establishing records and systems to enable payment for goods);
● Job applicants (for the purposes of employment);
● Individuals as contractors (for example, when establishing records and systems to enable payment for services);
● Individual investors in our investment vehicles (for example, when establishing accounts and to carry out due diligence);
● Other individuals who may come into contact with Harman Global Holdings PTY LTD.
Harman Global Holdings only collects personal information which is reasonably necessary for its dealings with the relevant individual. The types of personal information may include, but are not limited to:
● Information that identifies the individual (for example, name, address, contact details, date of birth);
● Information about the individual’s financial position;
● Information about the individual that is required or authorized by law;
● The individual’s tax file number;
● The individual’s opinion about the Harman’s products, services or staff.
The Privacy Act imposes restrictions on collecting sensitive personal information (this includes information about religious views, ethnicity, political opinions, and personal health information). Harman generally does not collect sensitive personal information about an individual. However, in certain circumstances, Harman may collect some sensitive information if it is necessary to allow Harman to deal with the individual and the individual has provided consent for Harman to do so.
Whenever it is reasonable and practical to do so, Harman only collects personal information directly from the individual. In some circumstances, personal information may be provided to Harman by other parties such as the individual’s agent. Harman will take reasonable steps to inform the individual that it has the individual’s personal information, unless it is obvious from the circumstances.
4. Use and Disclosure of Personal Information:
Harman Global Holdings PTY LTD uses the personal information we collect from you for a number of purposes, all of which are essential for the efficient day-to-day operation of our business. These include:
● First and foremost, communicating with you and providing you with the information, products or services requested by you;
● Managing our business so that we can more accurately tailor the information, products and services we provide for repeat and future customers;
● Audit purposes to ensure our electronic hotel systems are accurately reflecting real information (hard copy);
● Complying with any legal and regulatory requirements.
5. Disclosing Information to Other Parties:
In the ordinary course of our business your personal information may be provided to a number of third parties. Harman Global Holdings does not sell personal information or provide it to mailing list companies (information about our customers is one of our greatest assets and we treat it accordingly). Other people who might receive personal information we collect include:
● Other entities and people within the Harman Global Holdings;
● External service providers who assist us with marketing, and the provision of financial and legal services;
● Insurers, financiers, credit providers, courts, tribunals and regulatory authorities as agreed or authorized by law;
● Credit reporting or reference agencies or insurance investigators; or
● Other people as you may authorize from time to time.
We require that all third parties respect and deal with personal information in accordance with this Policy. Primarily this means respecting its confidentiality and only using it for the purpose for which it was provided.
6. Sensitive Information & Other Legal Restrictions
Sometimes the information we are provided with is of such a private nature that it is classed as “Sensitive information”. Harman does not collect very much information of this nature in the day-to-day course of its business however in some circumstances (such as provision of medical history by job applicants) it comes up. In such circumstances, the Principles require that information is used only for the purposes for which it was provided, or a directly related secondary purpose.
7. Cookies:
A cookie is a small data file that may be placed on the computer of a web user (usually in the browser software folder) during a visit to a Harman web site. Cookies are necessary to allow the Harman Global Holdings PTY LTD web site and the user’s computer to interact effectively and enhance security. Cookies can record information about the user’s visit to assist Harman in better understanding the needs of the user. If users of a Harman website do not wish to receive any cookies, they should set their browser to refuse cookies but this means that they may not be able to use the Harman website.
8. Security of Personal Information:
Harman Global Holdings PTY LTD will take reasonable steps to protect personal information that it holds from unauthorized access, modification, misuse, interference and loss. Personal information is held on secure servers or in storage located in controlled environments. Harman employees are required to maintain the confidentiality of any personal information held.
If other parties provide support services, Harman requires them to agree to appropriately protect the privacy of the information provided to them.
9. Notification of Collection of Personal Information:
When Harman collects personal information, Harman provides notification of the collection to the individual to inform the individual about the purpose for the collection, the types of entities that the information is disclosed to, the overseas recipients the information is disclosed to (where applicable), and that the Harman Global Holdings PTY LTD Privacy Policy contains information about how the individual may access the personal information held by Harman and how the individual may make a complaint.
10. Access to Personal Information:
Any individual can request access to the personal information Harman may hold about them. To obtain access to the information, the individual needs to write to the Harman Privacy Officer (contact details below). Harman will require evidence to verify the identity of the individual.
This service is free of charge unless the personal information requested requires preparation time. In this situation, Harman will provide an estimate of how much this service will cost and request agreement before proceeding.
In normal circumstances, Harman will provide the individual with access to the individual’s personal information. However, in some circumstances, there may be legal, regulatory or administrative reasons to deny the requested access. If access is denied, Harman will provide the individual with the reason.
11. Complaints:
If you consider that any action of Harman breaches this Privacy Policy or the National Privacy Principles, you can make a complaint through one of the contacts below. We will endeavor to act promptly in response to a complaint.
If you are not satisfied with our response to your complaint, you can phone the Commonwealth Privacy Commissioner’s hotline on 1300 363 992.