Welcome to Thoibao.org ("we," "us," or "our"). These comprehensive Terms of Use outline the terms and conditions governing your access to and use of our website and associated channels (collectively, the "Service"). Please read these terms carefully as they constitute a legally binding agreement between you and Thoibao. Your use of the Service indicates your acceptance and agreement to comply with these Terms of Use. If you do not agree with any part of these terms, please refrain from using our Service.
1. Acceptance of Terms
By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including any future modifications. These terms apply to all users of the Service, including but not limited to visitors, customers, and contributors. Failure to comply with these terms may result in the termination of your access to the Service.
2. International Users
Territorial Scope: Our Service is controlled and operated by Service from the Commonwealth of Australia. While we strive to provide global access, we do not warrant that the content is appropriate or available for use outside the Commonwealth of Australia. Accessing the Service from territories where its content is illegal is strictly prohibited, and you are responsible for complying with local laws.
Export Compliance: You may not use the Service or export its content in violation of Australia export laws and regulations. If you access the Service from a location outside the Commonwealth of Australia, you are responsible for compliance with all local laws.
3. E-Mail Addresses
Electronic Communication: By providing your email address to Thoibao, you acknowledge and agree that any notice or disclosure sent to the provided email satisfies the requirement for written communication. You consent to receive electronic communication from us and agree that such communication complies with legal and contractual obligations.
4. Modification
Terms Modification: Thoibao reserves the right, at its discretion, to change, modify, add, or remove any terms of this agreement without prior notice. Changes are effective immediately upon posting, and your continued use of the Service constitutes acceptance of the modified terms. We may also change or discontinue any aspect of the Service, including content, features, and availability, at any time.
5. Notice of Availability of Filtering Software
Parental Control Protections: We encourage users to be aware of parental control protections, such as computer hardware, software, or filtering services, to limit access to material harmful to minors. Information on such protections can be found at
https://www.esafety.gov.au
(The Online Safety Act 2021 expands Australia’s protections against online harm, to keep pace with abusive behaviour and toxic content.).
6. Disclaimer
No Financial or Legal Advice: No part of the Service should be construed as a replacement for financial, medical, tax, or legal advice. Thoibao is not an investment advisor, registered broker-dealer, or exchange, and the Service should not be considered as providing investment advice or advisory services.
7. Indemnity/Limitation of Liability
User Indemnification: As a condition of using the Service, you agree to indemnify, defend, and hold harmless Thoibao and its partners, suppliers, affiliates, and other associated entities from any claims, damages, or losses arising from your use of the Service. This includes claims related to defamation, trade disparagement, privacy, and intellectual property infringement.
Limitation of Liability: Thoibao and its affiliates shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, even if advised of the possibility of such damages. This includes damages resulting from the use of, or inability to use, the content, website, or associated channels.
8. Dispute Resolution and Binding Arbitration
Arbitration Agreement: To resolve any claims, disputes, or controversies ("Disputes") arising from or related to the Service, you and Thoibao agree to mandatory arbitration. This includes any lawsuits, arbitrations, or other proceedings arising from such Disputes. The arbitration process, class action waiver, limitation on time to file claims, governing law, and venue details are specified in this section.
Limitation on Time to File Claim & Equitable Relief: Any cause of action or claim related to the Service must be commenced within one (1) year after the claim or cause of action arises, or it is considered waived and permanently barred. Remedies for any claim shall be limited to monetary damages, and you agree not to seek injunctive or equitable relief.
Governing Law: These Terms of Use are governed by the laws of the State of Victoria, without regard to its conflict of law principles. Any dispute regarding whether a Dispute is subject to the Mandatory Arbitration Provision will be decided by applying the provisions of the Federal Arbitration Act.
Venue: For any action allowed to proceed in court, the Parties agree to exclusive personal jurisdiction and venue in the State courts of the State of Victoria or the Commonwealth of Australia District Court for the Southern District of Victoria.
Initial Dispute Resolution: The Parties agree to use their best efforts to settle any Dispute through consultation and good-faith negotiations before initiating legal action or arbitration. This Informal Dispute Resolution Process is a precondition to initiating a lawsuit or arbitration.
Arbitration Procedure: If the Informal Dispute Resolution Process does not resolve the Dispute within 60 days, either party may initiate arbitration. The arbitration will be conducted by an arbitrator mutually selected by the Parties and will follow the rules of JAMS’ Streamlined Arbitration Rules and Procedures or comparable rules agreed upon by the Parties.
Arbitration Costs: If you initiate arbitration, Thoibao will pay your filing, arbitrator, and hearing fees as deemed necessary by the arbitrator to prevent the Arbitration from being cost-prohibitive for you. If Thoibao initiates arbitration, it will cover all costs unless the arbitrator determines your claim was frivolous or asserted in bad faith.
Small Claims Court Claims: Both Parties retain the right to seek relief in a small claims court for disputes within its jurisdiction, and any appeal will be subject to the arbitration provisions.
Intellectual Property Claims: In cases involving intellectual property rights, Thoibao may seek injunctive or other appropriate relief in the state courts of the State of Victoria or the Commonwealth of Australia District Court for the Southern District of Victoria, and you consent to exclusive personal jurisdiction and venue in such courts.
No Opt-Out Rights: You do not have the right to opt out of the Dispute Resolution section, and your sole remedy if you do not accept these Terms of Use is to stop using the Service.
Termination of Mandatory Dispute Resolution: Thoibao reserves the right to terminate its agreement to the mandatory arbitration provision at any time. Such termination will not affect any Action already initiated.
Survival of Arbitration Agreement: This arbitration agreement will survive the termination of your relationship with Thoibao.
9. General
Incorporation of Other Terms: These Terms of Use include all other notices, policies, and disclaimers found on the Service, with these terms controlling in the event of a conflict. Nothing in these Terms of Use takes precedence over Thoibao's Privacy Statement.
Unlawful or Unenforceable Provisions: If any provision is deemed unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. Failure to enforce any provision does not constitute a waiver of that right.
Survival of Provisions: Upon termination of these Terms of Use, certain provisions, including limitations on your use of content, granted licenses, and other provisions for which survival is equitable or appropriate, will continue to be in effect.
Assignment of Rights: Thoibao may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
10. Contact Information
Service Contact: For questions or problems with the Service, please contact [email protected].
By continuing to use our Service, you acknowledge and agree to abide by these extensive Terms of Use. Thank you for choosing Thoibao!
