Last Update: 20th October 2013
1. Information on Website:
The information, including statements, opinions and documents contained in this Website ( Information) is for general information purposes only. The Information is subject to change without prior notice.
2. Amendment of Terms:
The Terms may be amended without notice from time to time in our sole discretion. Your continued use of our Website following any amendments indicates that you accept the amendments. You should check the Terms regularly, prior to using the Website, to ensure you are aware of any changes, and only proceed to use the Website if you accept and will comply with the new Terms.
We are not responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Website will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Website in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.
4. Your warranties:
You warrant to us that you have the legal capacity to enter these Terms, you have obtained the consent of your nominated recipient for gifts to provide their personal information to us, you have read and agree to these Terms before using the Website, and that you have complied with all applicable laws.
5. License to use the Website:
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Website for your personal, non-commercial use, in accordance with the Terms. All other uses are prohibited without our prior written consent.
6. Prohibited Conduct:
You must not:
(a) reproduce, redistribute, transmit, assign or otherwise transfer or use any content from the Website unless with our prior written consent;
(b) use the Website for any activities or to post or transmit any material:
i. unless you hold all necessary rights, licences and consents to do so;
ii. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
iii. that defames, harasses, threatens, menaces, offends or restricts any person;
iv. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
v. that would bring us, or the Website, into disrepute; and
vi. that infringes the intellectual property or other rights of any person;
(c) interfere with or inhibit any user from using the Website;
(d) use the Website to send unsolicited email messages; or
(e) attempt to or tamper with, hinder or modify the Website or attempt to or knowingly transmit viruses or other disabling features to the Website or via the Website;
or facilitate or assist another person to do any of the above acts.
7. Copyright and Intellectual Property Rights:
(a) Our Website contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Website. We own the copyright which subsists in all creative and literary works that are displayed on the Website
(b) You agree that, as between you and us, we own all intellectual property rights in the Website, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Your use of the Website does not grant you a licence or act as a right of use of any of the intellectual property, whether registered or unregistered, that are displayed on the Website without the express written permission of the owner..
(c) You must not:
i. reproduce or use any of the material on the Website for commercial purposes including sale;
ii. in any way modify the material on the Website;
iii. cause any of the material on the Website to be framed or embedded in another website; or
iv. print, publish, modify, link to, copy, reproduce, republish, upload to a third party, post, transmit or distribute the content of the Website in any way, except as expressly provided for by us or expressly authorised in writing by us.
If you breach these Terms, we will enforce our intellectual property rights against you.
(d) If you chose to post any content onto our Website, you:
i. warrant to us that you have all necessary rights to post the content;
ii. grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
iii. consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
10. Information is not Advice:
The Information on the Website is general in nature, does not take into account your specific needs, objectives or circumstances, and is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
11. Your content:
If you add any content on the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way, including but not limited to, by reproducing, changing, and communicating the content to the public. You permit us to authorise any other person to do the same. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
12. Third party information:
The Website may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.
13. Third Party links and websites:
This Website may contain links to websites owned by third parties ( Third Party Websites). We do not control, recommend, endorse, sponsor or approve Third Party Websites, including any information, products or services mentioned on Third Party Websites. You should make your own investigations with respect to the suitability of Third Party Websites for you.
14. Reservation of Rights:
We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Websites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
15. Limitation of Liability:
(a) To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website, Third Party Information and/or Third Party Websites.
(b) To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
The Website is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in any material on the Website or your access to the Website will be error free, that any defects will be corrected, that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Website will operate on a continuous basis or be available at any time. While we endeavour to keep the Website and information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
(a) the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Website for any purpose;
(b) Third Party Information; or
(c) Third Party Websites.
You read, use, rely on and act on information contained on the Website, Third Party Information and/or Third Party Websites, strictly at your own risk.
By using the Website, you agree to indemnify us and hold us harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
(a) your use of or access to the Website;
(b) any breach by you of these Terms; or
(c) any wilful, unlawful or negligent act or omission by you.
You may only use the Website for lawful purposes and in a manner consistent with the nature and purpose of the Website. By using this Website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use this Website.
19. Exclusion of Competitors:
You are prohibited from using our Website, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using our Website and Information, in our sole discretion.
20. Enforceability and Breach:
If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect. If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.
The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.
You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
Your use of this Website and any dispute arising out of your use of it is subject to the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the jurisdiction of the Courts of New South Wales for determining any dispute concerning the Terms.
If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If we, or the Seller, do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.