WEBSITE TERMS AND CONDITIONS
These terms and conditions apply to your use of the website at www.hummingpuppy.com (Website) provided by Humming Puppy Pty Ltd (ACN 168 223 489) (we, us or our), and to the entire contents of the Website. Please read them carefully before using the Website.
By accessing any part of the Website, you will be deemed to have accepted these terms and conditions in full, and they will constitute a legally binding contract between us and you. Accordingly, if you do not agree with any part or all of these terms and conditions, do not use the Website.
1. Changes to these terms and conditions
We may change these terms and conditions at any time by posting the changes on the Website. You are responsible for informing yourself of any changes by regularly viewing this section of the Website. If you access or use the Website after any changes are posted, you are taken to have agreed to those changes.
2. Licence to use Website
We grant you a non-exclusive licence to use the Website, subject to these terms and conditions. We may terminate this licence at any time and without notice to you.
3. Intellectual property
(a) All content included in or on the Website (including, but not limited to, text, design, graphics and code and any arrangement of those things) is owned by or licensed to us and is protected by copyright, trademark, and other laws in Australia and various other countries. The trade marks displayed on the Website are owned by or licensed to us, or are otherwise properly used by us, and many of those trade marks are registered in Australia and a number of other countries around the world. We do not grant you any express or implied right to use, reproduce, modify, create derivative works from, upload, transmit or distribute that content, any of those trade marks or any other intellectual property.
(b) You may only view, print and download extracts from the Website for your own personal use and not for commercial use. You do not have permission to copy, reproduce, republish, store in or on any public or private electronic retrieval system, up-load, post, communicate, transmit or distribute in any way any of the contents of the Website for public or commercial purposes without our prior written consent.
While we normally try to make the Website available 24 hours a day, we are not liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice to you in the case of a system failure, required maintenance or repair or for reasons beyond our control.
5. Your material and conduct
(b) You are prohibited from posting or transmitting to or from the Website any material:
(i) that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance to, or inconvenience for, us or any other person; or
(ii) for which you have not obtained all necessary licences and/or approvals; or
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of, or infringe the rights of any third party in, any country in the world; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
(c) It is our policy to co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this clause 5 or any law.
(d) You may not misuse the Website (including, without limitation, by hacking).
(i) your server address;
(ii) your top level domain name;
(iii) the date and time of access to the Website;
(iv) the pages accessed and documents downloaded;
(v) the previous web site visited; and
(vi) the type of browser software in use.
(b) We use this information for various purposes including statistical purposes, but in each case, the information collected cannot be used to identify you personally.
(c) You may be able to disable cookies on your web browser, but doing so may limit your ability to use the Website fully.
(a) The contents of the Website are intended to provide general information only and are not to be relied on by you, or for any particular purpose.
(b) While we try to ensure that the information we post on the Website is correct, we do not warrant the accuracy, currency, completeness or usefulness of that information.
8. Exclusion and limitation of our liability
(a) You expressly agree that use of this Website is at your sole risk.
(b) We exclude all warranties and guarantees in connection with the Website and your use of it. For the avoidance of doubt, this exclusion includes an exclusion of:
(i) all conditions and warranties implied by custom, the general law or statute, and for loss or damage suffered by you in connection with:
(A) the use, inability to use or the results of use of the Website or of any websites linked to the Website or the material on such websites; or
(B) viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing or using the Website or any websites linked to the Website, or your downloading of any material from the Website or any websites linked to the Website; and
(ii) any loss, cost, expense, damages or liability, including but not limited to loss of data, loss of profits or any other direct, indirect, special or consequential loss or damage, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not, suffered or incurred by you or any other person in connection with any of the matters or circumstances described in clause 8(b)(i),
except for any warranties or guarantees, or any such loss, cost, expense, damages or liability, which may not be excluded by force of the Competition and Consumer Act 2010 (Cth) or similar legislative provision.
(c) Our liability under any guarantee, condition or warranty implied or stipulated by the Competition and Consumer Act 2010 (Cth) or similar legislative provision which may not be excluded but which may be limited in any of the following ways, is limited at our option to:
(i) in the case of goods supplied by us:
(A) the replacement of goods or the supply of equivalent goods;
(B) the repair of goods; or
(C) the refund of the price paid by you for goods; or
(ii) in the case of services supplied by us (including the provision or as part of the Website):
(A) the supply by us of the services again; or
(B) the refund of the price paid by you for the services.
9. Release and indemnity
(a) release and forever discharge us and our officers, employees, agents and contractors from any and all claims, actions, disputes, demands, proceedings, accounts, interest, costs (whether or not the subject of a court order), expenses and liabilities of whatever nature and however arising which you may now have or at any time thereafter might have or, but for these terms and conditions, might have had against us or our officers, employees, agents or contractors arising out of or in any way connected with or incidental to the use or misuse of the Website (including in relation to any communication which you upload to the Website);
(b) covenant in favour of us and our officers, employees, agents and contractors not to bring or pursue, procure that a third party bring or pursue, provide financial support for or otherwise support any claim, action, dispute, demand or proceeding in any court or tribunal in respect of any matter which is the subject of a release under clause 9(a); and
(c) irrevocably indemnify us and our officers, employees, agents and contractors against any claim, liability, loss or expense arising out of or in any way connected with or incidental to:
(i) the use or misuse of the Website by you or your officers, employees, agents or contractors, or authorised, enabled or facilitated by you or your officers, employees, agents or contractors; and
(ii) any breach of any of these terms and conditions by you.
10. Website links
(a) Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control, and are not responsible for, these websites or their content or availability. We therefore do not endorse or make any representations about them or any material found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
(b) You may not create links to the Website without our prior written consent.
11. Conflicts with other parts of Website
If there is any inconsistency or conflict between any of these terms and conditions and anything stated in any other part of the Website, unless expressly stated otherwise, these terms and conditions prevail to the extent of the inconsistency or conflict.
12. Unenforceable terms
If any provision of these terms and conditions is held by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the balance of these terms and conditions.
13. Governing law and jurisdiction
These terms and conditions are governed by the law in force in Victoria, Australia. We and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts. You irrevocably waive any right you might have to claim that those courts are an inconvenient forum and any objection to the venue of any proceedings on the ground that they have been brought in an inconvenient forum.