These are the terms and conditions for smallvictoriescafe.com.au (the “Australia’s Catalogues”).
You need to read these terms and conditions together with any additional terms and conditions governing the products and/or services available to you through the Australia’s Catalogues. We and you may also agree in writing to other terms and conditions and the law may imply terms and conditions. We will use the phrase “these terms” to cover all of these terms and conditions and any changes to them.
In these terms, “we”, “us” and “our” means smallvictoriescafe.com.au. “You” and “your” means the person visiting the Australia’s Catalogues.
By using the Australia’s Catalogues you acknowledge that you are bound by these terms.
We may revise these terms from time to time by updating them on the Australia’s Catalogues. The revised terms will take effect when they are posted. If you don’t accept these terms or any revised terms, you must not use the Australia’s Catalogues.
The Australia’s Catalogues provides an aggregated retail information and promotions web portal featuring multiple products and services supplied by third party vendors. The Australia’s Catalogues provides you with the opportunity to research product offers and promotions online, before proceeding to purchase items in-store. Other services may be provided by through the Australia’s Catalogues from time to time.
Because any purchases are directly between you and the third party vendor, any queries or concerns relating to your purchase should be addressed to the third party vendor.
Use of the Australia’s Catalogues
You use the Australia’s Catalogues at your risk as you must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content.
We endeavour to provide a convenient and functional Australia’s Catalogues, but we do not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the Australia’s Catalogues or the server that operates them are free of viruses or other harmful components.
We will not be liable for any loss or damage (direct or otherwise) you suffer in connection with your use of the Australia’s Catalogues or of any linked website or your use of, or reliance on, information contained on or accessed through the Australia’s Catalogues or any linked website. Without limiting the foregoing, we will not be liable for any loss or damage (direct or otherwise) you suffer resulting from the actions of any third party vendor.
To the extent permitted by law, everything on the Australia’s Catalogues and in relation to the Services is provided to you “as is” and “as available” without warranty or condition of any kind, either express or implied, including but not limited to, any implied warranties of accuracy, merchantability, fitness for a particular purpose or non-infringement. We exclude all conditions, warranties, representations and warranties to the full extent permissible under applicable law.
You may be required to register with us in order to make use of certain features of the Australia’s Catalogues. Where you are required to register:
you must provide us with full, accurate, complete and current registration information and keep that information up to date;
you must take all reasonable steps to safeguard any user name and password which we provide to you;
you authorize us to assume that any person using the Australia’s Catalogues with your user name and/or password is either you or is authorized to act for you;
you agree to immediately notify us of any unauthorized use of your user name and/or password or any breach of security of which you become aware;
you may cancel your registration at any time by notifying us; and
we reserve the right to discontinue or cancel your registration in our sole and absolute discretion without notice to you if you do not visit the Australia’s Catalogues for an extended period of time, if you breach any of these terms or any applicable law, or if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.
You may be also required to register with third party vendors prior to making a purchase from those vendors.
Third party content
The Australia’s Catalogues may contain material or content uploaded, posted, emailed or otherwise electronically transmitted by third party users of the Australia’s Catalogues, including you. We reserve the right to access or examine any such material or content and at our discretion, move, remove or disable access to such material or content which we consider breaches any law or is otherwise unacceptable. You acknowledge that we may remove any material or content posted by you at our sole discretion and that we have no responsibility or liability for the deletion or failure to store any communications or content posted on the Australia’s Catalogues. If you use the Australia’s Catalogues, you are solely responsible for any material or content posted by you. In using the Australia’s Catalogues, you must not:
violate any applicable laws;
impersonate any person;
post any material or content that:
infringes the intellectual property rights of any third party or post any material or content that you do not have the right to post;
is unlawful, harmful, threatening, abusive, misleading, invasive of another’s privacy, harassing, defamatory, obscene or otherwise objectionable to any other person or entity;
contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters or any unsolicited mass distribution of email;
distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;
collect or store personal data about other users of the Australia’s Catalogues; or
engage in any other conduct that inhibits any other person from using or enjoying the Australia’s Catalogues.
While we reserve the right to access or examine any such material or content, you acknowledge that we may not review or examine all such material or content and are under no obligation to do so. If you become aware of any material or content that is in breach of this clause, you should notify us immediately.
You acknowledge that all copyright and other intellectual property rights in the Australia’s Catalogues, the trade marks, logos and all related content are the property of us or our licensors. You must not modify, copy, display, retransmit, distribute, sell, publish, broadcast or otherwise use the Australia’s Catalogues, any trademarks or logos displayed on the Australia’s Catalogues or any related content without our permission.
You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal fees, arising in connection with your use of the Australia’s Catalogues or resulting from, or alleged to result from, your use of the Australia’s Catalogues, or your violation of any of these terms.
Links and advertisements
Our Australia’s Catalogues may include advertisements, hyperlinks and pointers to web sites operated by third parties. These links are provided for your convenience and we do not review these websites and are not responsible for the content or accuracy of any off-site pages or any other web sites linked to the Australia’s Catalogues (including without limitation websites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on these websites are solely between you and such advertisers.
If you breach (or we reasonably believe you have breached) these terms, or if we determine (or have reason to believe) you are engaging in conduct that breaches any law or regulation or infringes upon our rights or the rights of any other person, we may deactivate, cancel, suspend or terminate any aspect of your use of the Australia’s Catalogues without notice to you. We will have no further obligation to you. Except as specifically provided for in these terms, upon deactivation, cancellation, suspension or termination, you will not be entitled to any compensation or damages, nor will you be relieved of any obligation you agreed to or incurred during your use of the Australia’s Catalogues.
These terms will be governed by and construed in accordance with the laws of United States of America, and you irrevocably submit to the non-exclusive jurisdiction of the courts of United States of America.