Terms & Conditions
For May Gibbs Official Online Store information go to E-COMMERCE TERMS AND CONDITIONS
http://www.maygibbs.org and it’s subdomains (“the Website”) is maintained and operated jointly by The Northcott Society (A.B.N. 87 302 064 152) of 1 Fennell Street, Parramatta NSW 2150 AUSTRALIA and Cerebral Palsy Alliance Australia (A.B.N. 45 000 062 288) of 187 Allambie Rd, Allambie Heights NSW, 2100, AUSTRALIA (“we”, “us”, “our”, including its directors, employees, servants and agents) and is a Website which provides information on the well-known late Australian author, May Gibbs, who bequeathed her intellectual property rights to her works to us.
PLEASE READ THIS BEFORE ACCESSING THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
Your use of the Website
In respect of your use of the Website:
- We do not guarantee that this Website or the materials on it will be free from viruses or that access to this website will be uninterrupted;
- Any communication or material that you transmit to or post on this website by electronic mail or otherwise including any data, questions, comments, suggestions or otherwise, will be treated as non-confidential and non-proprietary information and you grant us a perpetual, irrevocable and royalty-free licence to use, reproduce, modify, edit, adapt publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, now known or later developed for the full term of any rights that may exist in such content. The User acknowledges that we are not obliged to publish any material submitted by you;
- We reserve the right to permanently ban, and/or notify the appropriate authorities of, any person that uses, or attempts to use, our Website or our Services for illegal or improper purposes, or who posts or publishes, or attempts to post or publish, abusive, obscene, vulgar, offensive, defamatory, hateful, threatening or sexually-oriented material;
- You access this Website at your own risk and you are responsible for compliance with the laws of your jurisdiction if applicable and these Terms and Conditions;
- Without limiting any other remedies available to us at law, in equity or under these Terms and Conditions, we may, in its sole discretion, suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the Website and the service provided.
- We may terminate this Agreement and your access to this Website or use of Services at any time without notice and for any reason; and
- All restrictions, licences granted by you and all of our disclaimers and limitations of our liability and duties of confidentiality will survive termination, although you will no longer be authorised to access this Website.
Without limiting any other obligations, you must not:
- data mine or conduct automated searches on the site or the content on the site, whether through the use of additional software or otherwise;
- use any of the content on the Website for any purpose not contemplated by these Terms and Conditions;
- create links from the Website to any other website, frame or mirror the Website without our prior written consent;
- use the Website or any facilities available on the Website (whether directly or indirectly) to defame, harass, threaten, menace or offend any person;
- tamper with, hinder the operation of, or make unauthorised modifications to the Website;
- knowingly transmit any virus, Trojan horse, worm or other disabling feature to, through or from the Website;
- use the Website to send spam, commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
- violate the security or any security measures of this Website;
- access any data on or from this Website which is not intended for you;
- probe, scan or test the vulnerability of this Website or any of our systems or networks used to facilitate this Website;
- interfere with service to any other user of this Website;
- use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website;
- use the Website or any facilities available on the Website for any activities, or transmit to or via the Website any information or materials (including submitting ads), which:
- breach any laws or regulations or these Terms and Conditions;
- infringe a third party’s rights (including intellectual property rights, moral rights, rights of privacy or their trade secrets);
- are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
- are false or misleading;
- are discriminatory in breach of State or Commonwealth anti-discrimination legislation;
- identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person’s authority; or
- attempt to do, or permit another person to do, any of the above acts.
We have no obligation to monitor the Website. However, you agree that we have the right to monitor the Website electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its users.
We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
Copyright and Intellectual Property
The content of the Website and namely, but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of us or our affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law. We reserve our rights in relation to all intellectual property contained on the Website. Unless otherwise expressed in writing to you or permitted by law, you are not authorised or licensed to use any intellectual property on the Website in any way.
Use of the Website
You may download, display or print the content of our Website solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except upon our prior written consent. We neither warrant nor represent that your use of any content displayed on its Website will not infringe rights of third parties.
We cannot ensure or guarantee privacy for our users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and us, and our affiliates, suppliers and related companies shall be relieved of all liability in connection therewith.
Limitation of Liability
We take no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the Website. We do not warrant or guarantee that access to the website will be uninterrupted or error free or that the Website will be free from viruses or other contamination. Further, we make no representations about the suitability of any of the information contained in the documents and related graphics on the Website for any purpose. All such documents and related graphics are provided without warranty of any kind. In no event shall we, or our suppliers or affiliates, be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the Service.
If you are dissatisfied with the Website or with any of our terms, conditions, rules, policies, guidelines, or practices in operating the Website, your sole and exclusive remedy is to discontinue using the Website.
You authorise us to collect from any party and to retain all relevant information relating to your use of the Website, and you hereby authorise any party to provide us with such information.
You agree to defend, indemnify and hold us and its affiliates, suppliers and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Website or the internet or the placement or transmission of any message, information, software or other materials on the Website or on the Internet by you or users of your account.
May Gibbs and other trademarks, logos and icons identifying May Gibbs, us and other our products and services referenced herein are our trademarks or registered trademarks. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
We are not responsible for the content of external internet sites.
If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.
We do not guarantee continuous, uninterrupted or secure access to the Website, and the Website may be interfered with factors outside our control. To the fullest extent permitted by law, we exclude all implied warranties, conditions and other terms, whether implied or by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. This may not apply to Users in certain jurisdictions that do not allow the disclaimer of implied warranties.
We may amend or terminate the Services and these Terms and Conditions from time to time for any reason, without notice, including but not limited to, the right to terminate with or without notice, with no liability to you any other User or any third party, by posting the amended terms on the Website and you agree that we may properly and effectively serve you with notice in this way. All future agreements will be bound by the terms in force at that point in time and therefore Users are advised to review these Terms and Conditions on a regular basis.
Nothing in the Terms and Conditions is intended to, or shall be deemed to, constitute an agency, partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way. For the avoidance of doubt, under no circumstances will we act or purport to act nor be responsible to act as your agent for any reason whatsoever, whether in relation to any particular transaction or otherwise.
This Agreement or any interest you have under this Agreement, may not be assigned, purported to be assigned, or otherwise transferred by you without our prior written consent, which may be withheld at our absolute discretion.
These Terms and Conditions, including any and all documents referenced herein, constitute the entire agreement between us and the user pertaining to the subject matter hereof. Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or right.
If any of the provisions contained in these Terms and Conditions were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.
Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. The parties irrevocably agree that the New South Wales courts have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms and Conditions and any documents referred to in them. If you access the website from outside Australia, you agree to be bound by the laws of New South Wales, Australia. The United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement Convention, does not apply to these Terms and Conditions.