crazymall - WEBSITE TERMS OF USE
This website
(Site) is operated by crazymall ABN 97 600 379 539 (we, our
or us). It is available at: www.crazymall.com.au and may be available
through other addresses or channels.
Consent: By accessing and/or using our Site, you agree to these
terms of use and our Privacy Policy (available on our Site) (Terms).
Please read these Terms carefully and immediately cease using our Site if you
do not agree to them.
Variations: We may, at any time and at our discretion, vary these
Terms by publishing the varied terms on our Site. We recommend you check our
Site regularly to ensure you are aware of our current terms. Materials and
information on this Site (Content) are subject to change without notice.
We do not undertake to keep our Site up-to-date and we are not liable if any
Content is inaccurate or out-of-date.
Licence to
use our Site: We grant
you a non-exclusive, royalty-free, revocable, worldwide, non-transferable
licence to use our Site in accordance with these Terms. All other uses are
prohibited without our prior written consent.
Prohibited
conduct: You must not do or attempt to do
anything: that is unlawful; prohibited by any laws applicable to our Site;
which we would consider inappropriate; or which might bring us or our Site into
disrepute, including (without limitation):
- anything that would constitute a breach
of an individuals privacy (including uploading private or personal
information without an individual's consent) or any other legal rights
- using our Site to defame, harass,
threaten, menace or offend any person
- interfering with any user using our Site
- tampering with or modifying our Site,
knowingly transmitting viruses or other disabling features, or damaging or
interfering with our Site, including (without limitation) using trojan
horses, viruses or piracy or programming routines that may damage or
interfere with our Site
- using our Site to send unsolicited email
messages
- facilitating or assisting a third party
to do any of the above acts
Exclusion of
competitors: You are
prohibited from using our Site, including the Content, in any way that competes
with our business.
No commercial
use: Our Site is for your personal,
non-commercial use only. You must not use our Site, or any of the Content, for
commercial purposes, including any advertising or advertising revenue
generation activity on your own website or any other platform, without
obtaining a licence to do so from us.
Information: The Content is not comprehensive and is for general
information purposes only. It does not take into account your specific needs,
objectives or circumstances, and it is not advice. While we use reasonable
attempts to ensure the accuracy and completeness of the Content, we make no
representation or warranty in relation to it, to the maximum extent permitted
by law.
Intellectual
Property rights: Unless
otherwise indicated, we own or licence all rights, title and interest
(including intellectual property rights) in our Site and all of the Content.
Your use of our Site and your use of and access to any Content does not grant
or transfer to you any rights, title or interest in relation to our Site or the
Content. You must not:
- copy or use, in whole or in part, any
Content
- reproduce, retransmit, distribute, disseminate,
sell, publish, broadcast or circulate any Content to any third party
- breach any intellectual property rights
connected with our Site or the Content, including (without limitation)
altering or modifying any of the Content, causing any of the Content to be
framed or embedded in another website or platform, or creating derivative
works from the Content
User Content: You may be permitted to post, upload, publish, submit or
transmit relevant information and content (User Content) on our Site. By
making available any User Content on or through our Site, you grant to us a
worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free
licence to use the User Content, with the right to use, view, copy, adapt,
modify, distribute, license, sell, transfer, communicate, publicly display,
publicly perform, transmit, stream, broadcast, access, or otherwise exploit
such User Content on, through or by means of our Site.
You agree
that you are solely responsible for all User Content that you make available on
or through our Site. You represent and warrant that:
- you are either the sole and exclusive
owner of all User Content or you have all rights, licences, consents and
releases that are necessary to grant to us the rights in such User Content
(as contemplated by these Terms)
- neither the User Content nor the posting,
uploading, publication, submission or transmission of the User Content or
our use of the User Content on, through or by means of our Site will
infringe, misappropriate or violate a third party's intellectual property
rights, or rights of publicity or privacy, or result in the violation of
any applicable law or regulation
We do not
endorse or approve, and are not responsible for, any User Content. We may, at
any time (at our sole discretion), remove any User Content.
Third party
sites: Our Site may contain links to
websites operated by third parties. Unless expressly stated otherwise, we do
not control, endorse or approve, and are not responsible for, the content on
those websites. You should make your own investigations with respect to the
suitability of those websites.
Discontinuance: We may, at any time and without notice to you,
discontinue our Site, in whole or in part. We may also exclude any person from
using our Site, at any time and at our sole discretion. We are not responsible
for any Liability you may suffer arising from or in connection with any such
discontinuance or exclusion.
Warranties
and disclaimers: To the
maximum extent permitted by law, we make no representations or warranties about
our Site or the Content, including (without limitation) that:
- they are complete, accurate, reliable,
up-to-date and suitable for any particular purpose
- access will be uninterrupted, error-free
or free from viruses
- our Site will be secure
You read, use
and act on our Site and the Content at your own risk.
Limitation of
liability: To the maximum extent permitted
by law, we are not responsible for any loss, damage or expense, howsoever
arising, whether direct or indirect and/or whether present, unascertained,
future or contingent (Liability) suffered by you or any third party,
arising from or in connection with your use of our Site and/or the Content
and/or any inaccessibility of, interruption to or outage of our Site and/or any
loss or corruption of data and/or the fact that the Content is incorrect,
incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must
indemnify us, and hold us harmless, against any Liability suffered or incurred
by us arising from or in connection with your use of our Site or any breach of
these Terms or any applicable laws by you. This indemnity is a continuing
obligation, independent from the other obligations under these Terms, and
continues after these Terms end. It is not necessary for us to suffer or incur
any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which
we may do at any time and without notice to you. In the event of termination,
all restrictions imposed on you by these Terms and limitations of liability set
out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in
connection with, these Terms (Dispute), the party claiming there is a
Dispute must give written notice to the other party setting out the details of
the Dispute and proposing a resolution. Within 7 days after receiving the
notice, the parties must, by their senior executives or senior managers (who
have the authority to reach a resolution on behalf of the party), meet at least
once to attempt to resolve the Dispute or agree on the method of resolving the
Dispute by other means, in good faith. All aspects of every such conference,
except the fact of the occurrence of the conference, will be privileged. If the
parties do not resolve the Dispute, or (if the Dispute is not resolved) agree
on an alternate method to resolve the Dispute, within 21 days after receipt of
the notice, the Dispute may be referred by either party (by notice in writing
to the other party) to litigation.
Severance: If a provision of these Terms is held to be void,
invalid, illegal or unenforceable, that provision must be read down as narrowly
as necessary to allow it to be valid or enforceable. If it is not possible to
read down a provision (in whole or in part), that provision (or that part of
that provision) is severed from these Terms without affecting the validity or
enforceability of the remainder of that provision or the other provisions in
these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the
laws of Victoria. You irrevocably and unconditionally submit to the exclusive
jurisdiction of the courts operating in Victoria and any courts entitled to
hear appeals from those courts and waive any right to object to proceedings
being brought in those courts.
Our Site may
be accessed throughout Australia and overseas. We make no representation that
our Site complies with the laws (including intellectual property laws) of any
country outside Australia. If you access our Site from outside Australia, you
do so at your own risk and are responsible for complying with the laws of the
jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Email:
sales@crazymall.com.au