Terms of Use

Pam B Designs Terms of Use

WARNING:

PERMISSION TO USE www.pambdesigns.com.au (WEB SITE) IS CONDITIONAL UPON YOU AGREEING TO THE TERMS OF USE SET OUT BELOW (TERMS OF USE).

YOUR USE OF THE WEB SITE IS DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS OF USE.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MUST REFRAIN FROM USING THE WEB SITE.

Terminology

In these Terms of Use, references to ‘we’, ‘us’ and ‘our’ mean Pam B Designs Pty Ltd.

Amendments to Terms of Use

We reserve the right to amend these Terms of Use from time to time. Amendments to these Terms of Use will be effective immediately upon notification on this Web Site. Your continued use of this Web Site following such notification will represent your agreement to be bound by these Terms of Use as amended.

Disclaimer

We do not accept responsibility for any action, claim, demand, loss (including consequential loss) and/or cost (including legal cost) however caused (including through negligence and/or wilful misconduct) which you may directly and/or indirectly suffer and/or incur in connection with your use of and/or reliance on:

  1. the Web Site;
  2. any web site accessed through a Link (as defined below); and/or
  3. information accessed at and/or through the Web Site and/or any web site accessed through a Link (as defined below), 

whether or not legal proceedings are instituted.

To the extent permitted by law, any guarantee, condition and/or warranty which would otherwise be   implied into these Terms of Use is excluded. Where legislation implies any guarantee, condition and/or warranty and that legislation prohibits us from excluding and/or modifying the  pplication of and/or our liability under that guarantee, condition and/or warranty, that guarantee, condition and/or warranty will be deemed to be included but our liability will be limited for a breach of that guarantee, condition and/or warranty to:

(a) if the breach relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and/or

(b) if the breach relates to services:

(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.

Specific warnings

You will ensure that your access to the Web Site is not illegal and/or prohibited by laws which apply to you.

You will not provide a Link (as defined below) to the Web Site from any web site that contains content that:

  1. will subject us to an action for defamation, intellectual property rights infringement and/or a breach of any law; and/or
  2. is not in conformity with accepted standards of public decency and good taste.

You will take your own precautions to ensure that the process which you employ for accessing the Web Site does not expose you to the risk of viruses, malicious computer code and/or other forms of interference which may damage your computer system.

Whilst we have no reason to believe that any information contained on the Web Site is inaccurate, we do not warrant the accuracy, adequacy and/or completeness of that information, nor do we undertake to keep the Web Site updated.

Responsibility for the content of advertisements appearing on the Web Site including a Link (as defined below) to an advertiser’s own web site rests solely with the advertiser. The placement of advertisements does not constitute a recommendation and/or endorsement by us of the advertiser’s goods and/or services and each advertiser is solely responsible for any representations made in connection with its advertisement.

Indemnity

You release and indemnify us and/or our related bodies corporate, officers, employees, agents and/or contractors against all actions, claims, demands, losses (including consequential losses) and/or costs (including legal costs) directly and/or indirectly suffered and/or incurred as a result of:

  1. a breach by you of these Terms of Use;
  2. your use of a Link (as defined below) to our content; and
  3. your use of our content,

whether or not legal proceedings are instituted and, if such proceedings are instituted, irrespective of the means, manner and/or nature of any settlement, compromise and/or determination.

Intellectual property rights

Intellectual property rights in the Web Site are owned and/or licensed by us.

Linking

Subject to your observance of these Terms of Use, we grant you a revocable, non-transferable and non-exclusive right to provide links, using any mechanism, from one location to another location on the internet (Link).

In consideration of being granted this right to Link, you undertake:

  1. not to copy, reproduce, translate, adapt, vary and/or modify any information accessible via the Web Site (Material) without our express consent, except as expressly authorised by these Terms of Use;
  2. not to bring into disrepute us, our related bodies corporate, our goods, our services and/or our officers and/or employees;
  3. to use an active Link to our Material;
  4. not to use:
    (a) any Link that provides a link to a web page or internet location that is part of the Web Site other than a Link to the home page of the Web Site or the home page of a subsidiary web site; and/or
    (b) any method or mechanism to Link, where it appears that the linked Material is part of the web site containing the Link and/or the linked Material is not part of the Web Site where it was originally located;
  5. not to use any process by which a web page containing our Material will be returned in the search engine results when a search is conducted for a competitor’s brand and/or identity and vice versa in connection with our Material;
  6. to use our Material in the form in which it is provided;
  7. not to alter, amend, redraw, distort, animate and/or tamper with any of our Material in any way;
  8. to retain any copyright and/or trade mark symbols that appear in our Material;
  9. to supervise and control the use of our Material in accordance with these Terms of Use;
  10. to ensure your employees, contractors and/or other agents who have authorised access to our Material are made aware of these Terms of Use;
  11. not to use our Material in a manner that gives the impression and/or represents that any person, organisation and/or event is in any way related to, sponsored by and/or affiliated with us; and/or
  12. to comply, within a reasonable time, with any demand or request by us in relation to your use of our Material.

The Web Site may contain a Link to another web site. Each Link is provided for convenience only and may not remain current or be maintained.

We are not responsible for the content, privacy practices and/or other activities of any web site the subject of a Link.

Our Link to any web sites should not be construed as an endorsement, approval and/or recommendation by us of the owners and/or operators of those web sites the subject of the Link, and/or of any information, graphics, materials, goods and/or services referred to and/or contained in the web sites the subject of the Link, unless and to the extent stipulated to the contrary.

Security

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of access

Access to the Web Site may be terminated at any time by us without notice. Our disclaimer and your indemnity will nevertheless survive any such termination.

Governing law

These Terms of Use will be governed by and construed according to the laws of the State of Queensland and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland and the Commonwealth of Australia.

General

We accept no liability for any failure to comply with these Terms of Use where that failure is due to circumstances beyond our control.

If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these Terms of Use are held to be invalid, unenforceable and/or illegal for any reason, the remaining Terms of Use will nevertheless continue in full force.