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Terms of Use
By
accessing this website you agree to these terms and conditions
(the "Terms"). If you do not agree to them you may not use this
website and should leave it immediately.
We
may from time to time change these Terms at our sole
discretion. By using this Website after any such change(s), you
agree to comply with, and be bound by, the Terms as changed.
Copyright and Trade Marks
All photographs are likely to
be subject to copyright conditions unless otherwise stated. If
you are given license to use, print or share photographs they
are still, unless specifically stated, subject to copyright law
and accordingly restrictions upon use and dissemination apply.
Contact us for more information.
All
content available on the Website, including, but not limited to,
text, graphics, logos, button, icons, images, audio clips, data
compilations, and software, and the compilation thereof (the
"Content") is the property of ourselves, our affiliates, our
partners or our licensors, and is protected by Australian and
international copyright laws.
The
trade marks, logos, and service marks displayed on the Website
(collectively, the "Trade Marks") are the registered and
unregistered marks of ourselves, our affiliates, our licensors
or our partners, in Australia and other countries, and are
protected by Australian and international trade mark laws. All
or any other trade marks not owned by us, our affiliates, our
partners or our licensors that appear on the Website are the
property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence in the section
entitled "Limited Licence" below, or as required under
applicable law, neither the Content, the Trade Marks, nor any
other portion of the Website may be used, reproduced,
duplicated, copied, sold, resold, accessed, modified, or
otherwise exploited, in full or in part, for any purpose without
our prior written consent.
Limited Licence
We
grant you a limited, revocable, and non-exclusive licence to
access and make personal use of the Website. Please note that
you may not frame, link to, or utilise any framing or linking
techniques to enclose the Website or any portion thereof without
our prior written consent which may be withheld in our absolute
discretion.
The
limited licence set forth in this section does not include the
right to:
a.
modify or download the Website or its contents (except caching
or as necessary to view content);
b. make any use of the Website or its Content other than
personal use;
c. create any derivative work based upon either the Website or
its Content;
d. collect account information for the benefit of another party;
e. use any meta tags or any other "hidden text" utilising our
name or the Trade Marks without our express written consent; or
f. use software robots, spiders, crawlers, or similar data
gathering and extraction tools, or take any other action that
may impose an unreasonable burden or load on our infrastructure.
You
are granted a limited, revocable, and non-exclusive right to
create a hyperlink to the home page of the Website for personal,
non-commercial use only. A website that links to our Website
may:
a.
link to, but not replicate, our Content;
b. not imply that we are endorsing such website or its services
or products;
c. not misrepresent its relationship with us;
d. not contain content that could be construed as distasteful,
obscene, offensive or controversial, and may contain only
content appropriate for all ages;
e. not portray us or our products, services or Items, in a
false, misleading, derogatory, or otherwise offensive or
objectionable manner, or associate us with undesirable products,
services, or opinions;
f. not use any Trade Mark without our prior written consent; and
g. not link to any page of the Website other than the home page.
We may, in our sole discretion, request that you remove any link
to the Website, and upon receipt of such request, you shall
immediately remove such link.
Any
unauthorised use by you of the Website terminates the limited
licence set forth in this section without prejudice to any other
remedy we may have provided for by applicable law.
Third Party Links
We
are not responsible for the content of any off-Website pages or
any other websites linked to or from the Website. Links
appearing on the Website are for convenience only and are not an
endorsement by us, our affiliates or our partners of the
referenced content, product, service, or supplier. Your linking
to or from any off-Website pages or other websites is at your
own risk. We are in no way responsible for examining or
evaluating, and we do not warrant the offerings of, off-Website
pages or any other websites linked to or from the Website, nor
do we assume any responsibility or liability for the actions,
content, products, or services of such pages and websites,
including, without limitation, their privacy statements and
Terms. You should carefully review the Terms and privacy
policies of all off-Website pages and other websites that you
visit.
Representations and Warranties: Limitations of liability
The
site is provided on an "as is" and on an "as available" basis.
To the fullest extent permissible by applicable law, we make no
representations or warranties of any kind whatsoever, express or
implied, including but not limited to warranties of satisfactory
quality, non-infringement or fitness for a particular purpose,
as to the operation of the site or the information, content,
graphics, links, materials, products, or services included on
the site, or their accuracy, reliability, completeness or
timeliness.
You
agree that, to the fullest extent permitted by applicable law,
we will not be responsible or liable (whether in contract, tort
or otherwise), under any circumstances, for any
a.
interruption of business;
b. access delays or access interruptions to the Website;
c. data non-delivery, mis-delivery, corruption, destruction or
other modification;
d. loss or damages of any sort incurred as a result of dealings
with or the presence of off- Website links on the Website;
e. computer viruses, system failure or malfunction which may
occur in connection with your use of the Website, including
during hyperlink to or from third party websites;
f. any inaccuracies, omissions, currency miscalculation
information or misleading, false or deceptive statement in the
content;
g. Any misunderstanding arising from the layout of product
labelling on the Website and/or on the products sold via the
Website or product labelling inaccuracies on all products;
h. events beyond our reasonable control; or
i. Any third party delivery delays outside our stated delivery
times that our outside our reasonable control.
Further, to the fullest extent permitted by law we will not be
liable for any direct, indirect, special, incidental, or
consequential damages of any kind (including lost profits)
related to the Website regardless of the form of action whether
in contract, tort (including negligence), or otherwise, even if
we have been advised of the possibility of such damages. In no
event shall our maximum aggregate liability exceed one hundred
Australian Dollars (AUD $100.00). Because some countries do not
allow the exclusion or limitation of liability for consequential
or incidental damages, in such countries, our liability is
limited to the maximum extent permitted by applicable law.
Disputes
To
the fullest extent permitted by applicable law, any dispute
relating in any way to your visit to the Website and any
purchase by you of any Items from ourselves shall be submitted
to confidential arbitration in Australia, except that, to the
extent you have in any manner violated or threatened to violate
our intellectual property rights, we may seek injunctive or
other appropriate relief in the Australian Courts, and you
consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the
rules then prevailing of the International Chamber of Commerce.
The arbitrator's award shall be binding and may be entered as a
judgement in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class
arbitration proceedings or otherwise. To the extent arbitration
is not permitted by applicable law, any dispute relating in any
way to your visit to the Website shall be submitted to an
appropriate court or other judicial body in Australia, and all
applicable provisions of this section shall apply.
General
You
acknowledge and agree that these Terms, together with our
Privacy Policy, constitute the complete and exclusive agreement
between us concerning your use of the Website and any purchase
by you of any Items from ourselves, and supersede and govern all
prior proposals, agreements, or other communications.
If
any provision of these Terms is held to be illegal, invalid or
unenforceable in whole or in part, then these Terms shall
continue to be valid as to the other provisions and the
remainder of the affected provision. Any waiver of any of the
provisions of these Terms by Ourselves shall not be deemed a
waiver of any subsequent breach or default and shall in no way
affect the other provisions of these Terms.
No
failure to exercise and no delay on the part of either party in
exercising any right, remedy, power or privilege of that party
under these Terms and no course of dealing between the parties
shall be construed or operate as a waiver thereof, nor shall any
single or partial exercise of any right, remedy, power or
privilege preclude any other or further exercise thereof or the
exercise of any other right, remedy, power or privilege. The
rights and remedies provided by these Terms are cumulative and
are not exclusive of any rights or remedies provided by law.
Time shall not be of the essence of these Terms as regards any
of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms shall be construed as creating
any agency, partnership, or other form of joint enterprise
between us.
We
reserve the right to change these Terms at any time and we
encourage you to revisit these Terms periodically to ensure that
you are at all times fully aware of our Terms. Any changes are
effective immediately upon posting to the Website. Your
continued use of the Website constitutes your agreement to all
such Terms.
We
may, with or without prior notice, terminate any of the rights
granted by these Terms. You shall comply immediately with any
termination or other notice, including, as applicable, by
ceasing all use of the Website.
We
reserve the right to refuse to supply Items to any person for
any reason whatsoever, to withdraw any Items from the Website at
any time and/or remove or edit any materials or content on the
Website. We will not be liable to you or any third party by
reason of our withdrawing of any Items from this Website whether
or not such Items have been sold; removing or editing content on
the Website; refusing to process a transaction or unwinding or
suspending any transaction after processing has begun.
If
you have any questions regarding these Terms, please contact us.
Governing Law
Your use of this Website and any purchase by you of any Item
from Ourselves shall be governed by Australian law and you
hereto submit to the exclusive jurisdiction of the Australian
courts. |