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Terms
and Conditions and Disclaimers
(1) Introduction
These
terms and conditions govern your use of our website; by using our
website, you accept these terms and conditions in full. If you
disagree with these terms and conditions or any part of these terms
and conditions, you must not use our website.
(2) Licence
to use website
Unless
otherwise stated, we or our licensors own the intellectual property
rights in the website and material on the website. Subject to the
licence below, all these intellectual property rights are reserved.
You may
view, download for caching purposes only, and print pages from the
website for your own personal use, subject to the restrictions set
out below and elsewhere in these terms and conditions.
You
must not:
(a) republish material from this website (including
republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit
material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the
website;
(f) redistribute material from this website [except for
content specifically and expressly made available for redistribution
(such as our newsletter)
Where
content is specifically made available for redistribution, it may
only be redistributed within your organisation.
(3) Acceptable
use
You
must not use our website in any way that causes, or may cause, damage
to the website or impairment of the availability or accessibility of
the website; or in any way which is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or
harmful purpose or activity.
You
must not use our website to copy, store, host, transmit, send, use,
publish or distribute any material which consists of (or is linked
to) any spyware, computer virus, Trojan horse, worm, keystroke
logger, rootkit or other malicious computer software.
You
must not conduct any systematic or automated data collection
activities (including without limitation scraping, data mining, data
extraction and data harvesting) on or in relation to our website
without our express written consent.
You
must not use our website to transmit or send unsolicited commercial
communications.
You
must not use our website for any purposes related to marketing
without our express written consent.
(4) Restricted
access
Access
to certain areas of our website is restricted. We reserve the right
to restrict access to other areas of our website, or indeed our whole
website, at our discretion.
If we
provide you with a user ID and password to enable you to access
restricted areas of our website or other content or services, you
must ensure that that user ID and password is kept confidential.
We
may disable your user ID and password in our sole discretion without
notice or explanation.
(5) User
generated content
In
these terms and conditions, “your user content” means material
(including without limitation text, images, audio material, video
material and audio-visual material) that you submit to our website,
for whatever purpose.
You
grant to us a worldwide, irrevocable, non-exclusive, royalty-free
licence to use, reproduce, adapt, publish, translate and distribute
your user content in any existing or future media. You also grant to
us the right to sub-license these rights, and the right to bring an
action for infringement of these rights.
Your
user content must not be illegal or unlawful, must not infringe any
third party's legal rights, and must not be capable of giving rise to
legal action whether against you or us or a third party in each case
under any applicable law.
You
must not submit any user content to the website that is or has ever
been the subject of any threatened or actual legal proceedings or
other similar complaint.
We
reserve the right to edit or remove any material submitted to our
website, or stored on our servers, or hosted or published upon our
website.
Not
withstanding our rights under these terms and conditions in relation
to user content, we do not undertake to monitor the submission of
such content to, or the publication of such content on, our website.
(6) Limited
warranties
Whilst
we endeavour to ensure that the information on this website
(excluding user content) is correct, we do not warrant its
completeness or accuracy; nor do we commit to ensuring that the
website remains available or that the material on the website is kept
up-to-date.
To the maximum extent permitted by
applicable law we exclude all representations, warranties and
conditions relating to this website and the use of this website
(including, without limitation, any warranties implied by law of
satisfactory quality, fitness for purpose and/or the use of
reasonable care and skill.
(7) Limitations
of liability
Nothing
in these terms and conditions (or elsewhere on our website) will
exclude or limit our liability for fraud, for death or personal
injury caused by our negligence, or for any other liability which
cannot be excluded or limited under applicable law.
Subject
to this, our liability to you in relation to the use of our website
or under or in connection with these terms and conditions, whether in
contract, tort (including negligence) or otherwise, will be limited
as follows:
(a) to the extent that the website
and the information and services on the website are provided
free-of-charge, we will not be liable for any loss or damage of any
nature;
(b) we will not be liable for any
consequential, indirect or special loss or damage;
(c) we will not be liable for any
loss of profit, income, revenue, anticipated savings, contracts,
business, goodwill, reputation, data, or information;
(d) we will not be liable for any
loss or damage arising out of any event or events beyond our
reasonable control;
(e) our maximum
liability in relation to any event or series of related events will
be limited to $100.
(8) Indemnity
You
hereby indemnify us and undertake to keep us indemnified against any
losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by us to a third party
in settlement of a claim or dispute on the advice of our legal
advisers) incurred or suffered by us arising out of any breach by you
of any provision of these terms and conditions, or arising out of any
claim that you have breached any provision of these terms and
conditions.
(9) Breaches
of these terms and conditions
Without
prejudice to our other rights under these terms and conditions, if
you breach these terms and conditions in any way, we may take such
action as we deem appropriate to deal with the breach, including
suspending your access to the website, prohibiting you from accessing
the website, blocking computers using your IP address from accessing
the website, contacting your internet service provider to request
that they block your access to the website and/or bringing court
proceedings against you.
(10) Variation
We may
revise these terms and conditions from time-to-time. Revised terms
and conditions will apply to the use of our website from the date of
the publication of the revised terms and conditions on our website.
Please check this page regularly to ensure you are familiar with the
current version.
(11) Assignment
We may transfer, sub-contract or otherwise deal with our rights
and/or obligations under these terms and conditions without notifying
you or obtaining your consent.
You
may not transfer, sub-contract or otherwise deal with your rights
and/or obligations under these terms and conditions.
(12) Severability
If a provision of these terms and
conditions is determined by any court or other competent authority to
be unlawful and/or unenforceable, the other provisions will continue
in effect. If any unlawful and/or unenforceable provision would be
lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in
effect.
(13) Exclusion
of third party rights
These
terms and conditions are for the benefit of you and us, and are not
intended to benefit any third party or be enforceable by any third
party. The exercise of our and your rights in relation to these
terms and conditions is not subject to the consent of any third
party.
(14) Entire
agreement
These
terms and conditions, together with our privacy policy, constitute
the entire agreement between you and us in relation to your use of
our website, and supersede all previous agreements in respect of your
use of this website.
(15) Law
and jurisdiction
These
terms and conditions will be governed by and construed in accordance
with English law, and any disputes relating to these terms and
conditions will be subject to the non exclusive jurisdiction of the
courts of Australia.
(16) Registrations
and authorisations
We
are registered with a Australian business Number 35 152 865 682
(17)
Our details
The
full name of our Business is Delicate Delights.
You
can contact us by email to mailto:delicatedelights@live.com
These
terms
and conditions
are courtesy of
Website
Contracts
and Website
Law
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