Terms of Use of the ShopAngels Web Site

As a user of the ShopAngels website ('www.shopangels.com.au'), you are bound by the following terms and conditions. Accordingly, you should review them in relation to all or part(s) of the website.

Licence

By allowing you to access the website, ShopAngels grants to you a licence. By accessing the website, you accept the terms and conditions of this licence. Pursuant to this licence and subject to the absolute right of ShopAngels to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:

  • View the material in the website.
  • Access material contained in the website.
  • Use the website strictly in accordance with the provisions of this licence.

If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so.

However, downloading material contained in the website for reproduction by you may only be done upon receipt of prior written consent from ShopAngels, and upon payment of any fee required by ShopAngels to be paid by you for that use.

Your Obligations

You hereby undertake the following obligations:

  • To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of ShopAngels, except as authorised by this licence.
  • To insure your employees, subcontractors and other agents (if any) who have authorised access to the website are made aware of the terms and conditions of this licence.
  • To not provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of ShopAngels.

Warranties

ShopAngels does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the website will not cause ShopAngels to be in breach of the terms of this licence.

ShopAngels reserves the right to change, add or remove any material in or from the website without notice.

ShopAngels does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.

To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, save that the liability of ShopAngels for breach of any such implied term will be limited, at the option of ShopAngels, to any one or more of the following:

  • The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
  • The repair of such goods or services.
    The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
  • The payment of the cost of having the goods repaired or the services performed again.
  • ShopAngels will not be liable for any indirect or consequential losses arising out of a breach of this licence, or arising out of the supply of a defective program or incorrect materials.

When deciding to visit the ShopAngels website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by ShopAngels which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by ShopAngels (which material may be out of date or superseded).

Intellectual Property Rights

You acknowledge that the material in the website is the subject of copyright© and that it is the subject of other intellectual property and legal rights (including third-party rights).

You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the website, except as otherwise expressly authorised by this licence.

Subscription Services

Subscribers to services of the website may store in digital format in computer terminals, databases or other repositories material which is supplied in the normal course of a subscription.

Password access is restricted to a single subscriber. Passwords and user names must not be distributed to any other person, body or corporation.

Subscribers must take due care to protect the copyright of materials from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication. In the event that a subscriber breaches this duty, or if it is found that a subscriber's conduct violates applicable law, ShopAngels may immediately suspend or terminate a subscriber's subscription without notice.

Indemnity

You must indemnify and keep ShopAngels indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which ShopAngels may incur to a third party or you as a result of your breach of the provisions of this licence.

Users are prohibited from placing a link to the website without the prior written consent of ShopAngels and on terms satisfactory to ShopAngels.

Disclaimer

You accept that ShopAngels takes no responsibility for any error or omission relating to the material contained in the website.

You accept that ShopAngels makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that ShopAngels will not be held liable for any lapse in the website's accessibility, or any consequences whatsoever that flow from the unavailability of the website.

Terms of Licence

This licence commences upon your accessing the website and is granted in perpetuity. However, the licence may be terminated without notice by ShopAngels if you are in breach of any terms of this licence.

Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the website that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by ShopAngels.

Termination pursuant to this clause shall not affect any rights or remedies, which ShopAngels may otherwise have under this licence or at law.

Amendments to this Licence

These are the current terms and conditions of the licence.

ShopAngels may at any time vary and amend the terms and conditions of this licence by publishing the varied Terms and Conditions of Use on the website. You accept that by doing this, ShopAngels has provided you with sufficient notice of the variation and amendment.

It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website.

Waiver

Failure or neglect by ShopAngels to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of ShopAngels under this licence.

Jurisdiction

This licence shall be governed by and construed according to the laws of the state of New South Wales, Australia.

Definitions

'Hyperlink' means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.

'Intellectual Property' means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the ShopAngels websites.

Privacy Statement

This site is operated by ShopAngels using commercial web hosting facilities. When visiting this site, a record of your visit is logged. This information is supplied by your browser: the user's server address the user's operating system (for example Windows, Mac etc) the user's top level domain name (for example .com, .gov, .au, .uk etc) the date and time of the visit to the site the pages accessed and the documents downloaded the type of browser used.

No attempt will be made to identify users or their browsing activities except in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the Internet web server logs.

Collection of personal information

When you e-mail us:

  • we will record your e-mail address
  • we will only use your e-mail address for the purpose for which you provided it
  • it will not be added to a mailing list unless you have specifically requested this
  • we will not use your e-mail address for any other purpose we will not disclose it without your consent.

Other personal information collected by us, for example through the use of an online form, will only:

  • be collected by lawful and fair means be used for a lawful purpose be collected with your consent, and
  • the purpose for collection should be clear and explicit.

Security information

Your personal information will not be released unless the law permits it or your permission is given. We provide a secure environment and a reliable system but you should be aware that there may be inherent risks associated with the transmission of information via the Internet. For those who do not wish to use the Internet, ShopAngels provides alternative ways of obtaining and providing information.