These terms and conditions (Terms) govern your use of this website located at www.berniebanton.com.au (Site). Throughout these Terms, when we mention ‘we’, ‘our’ or ‘us’, we mean the owners of the ‘Site’, Karen Banton-Smith and Rod Smith of Victoria, Australia.
Please read these Terms carefully before using this Site. By using this Site, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you should not use this Site and you should close this Site immediately.
We may revise these Terms from time to time. Revised Terms are effective immediately upon being posted onto this Site. Your continued use of this Site will mark your acceptance of any such revised Terms.
Use of Content
Unless otherwise indicated by us, we own all intellectual property rights, including copyright, in all text, graphics, images, artwork, photographs, pictures, trade marks, logos, computer code and other materials posted on this Site (Content), and the arrangement of this Content.
Occasionally, we may publish Content in which the copyright is not owned by us. When this is done, we make every effort to acknowledge the copyright owner.
The Content may only be used by you for personal, educational and non-commercial purposes. You agree not to:
- alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company appearing on this Site;
- copy, sell, reproduce, republish, transmit or distribute, the Content or upload, post or display the Content on any other website or medium for publication or distribution or for any commercial enterprise;
- modify or edit the Content in any way; or
- to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Site.
Our approval of any fundraising activity does not constitute permission to reproduce or modify any of the Content on this Site and all requests for such permission must be approved by us in writing.
The Content on this Site is for general information purposes only. We make no warranties or representations about the accuracy, reliability, currency or continuous supply of any of the Content on this Site. As a user of this Site, you are required to make your own enquiries before entering into any transaction on the basis of, or in reliance upon, the Content.
In the event that you find any inaccurate information on this Site, or have any complaint about what we have published, please email: email@example.com. We will investigate the matter on receipt of your email and will take such further action as we consider appropriate.
You must use this Site for lawful purposes only. You must not transmit via this Site any material which is illegal, threatening, abusive, defamatory, invasive of privacy rights, vulgar, obscene, profane or otherwise objectionable or inappropriate, or which violates or infringes in any way upon the rights of others.
Other Terms and Conditions
Additional terms and conditions may apply to specific portions or features of this Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this clause.
You agree to abide by such other terms and conditions, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for, or applicable to, a specific portion of this Site or for any service offered on or through this Site, the latter terms will take precedence with respect to your use of that portion of this Site or the specific service.
Your access to and use of this Site is provided on an “as is” and “as available” basis.
We are not responsible for any loss or damage caused by this Site (or a part of this Site) being suspended, terminated or your access to and use of this Site limited, or for late delivery or cancellation of an order of a product, except as set out expressly in these Terms.
While we exercise all due care, we cannot and do not guarantee or warrant that the Site will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. We recommend that you install up-to-date virus protection software on your computer prior to using this Site.
We also make no warranty that:
- the Site or information, services or products which you use, access or buy as a result of viewing this Site will meet your requirements;
- the Site will be uninterrupted, timely, secure, or error-free; or
- the quality of any products, services, information, or other material purchased or obtained by you due to viewing this Site will meet your expectations.
Except as expressly stated in these Terms and in respect of any liability that cannot be excluded by law, we will not be liable for any loss or damages of any kind (including any direct, indirect, incidental and consequential loss or damages) arising in connection with your access to, or use of, or inability to use this Site, the Content (including linked websites) or products which you order due to viewing this Site. The foregoing applies whether such loss or damages arise under contract, in tort, in negligence, under statute or otherwise.
We rely on you observing these Terms at all times. You agree to indemnify and hold us and our officers, employees and agents harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your access to and use of the Site. The indemnity is this clause extends to and covers your breach of these Terms.
Third Party Sites
We may link this Site to other websites which are not under the control of, or maintained by, us. We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we are not responsible for the content of such websites. We do not endorse or recommend any products, materials or services displayed or offered on any websites which may be linked to this Site.
Links from External Sites
We may grant you permission to create a hyperlink from any other website to this Site, upon request. You must receive our permission in writing prior to posting such a hyperlink.
All hyperlinks to this Site must point to www.berniebanton.com.au and not to any internal page, and any text-only link must be identified as ‘berniebanton.com.au’. Any deviation from these Terms must be approved by us in writing.
These Terms between you and us will be governed by the laws of Victoria, Australia. You agree that any dispute or legal proceeding in relation to this Site shall be brought exclusively in the courts of Victoria, Australia.
Although this Site can be accessed throughout Australia and overseas, we do not represent that the content of this Site complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Site from outside Australia, you do this at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.
If any provision or part of a provision of these Terms is held by a court of competent jurisdiction to be contrary to law, all other provisions shall remain in full force and effect.
These Terms comprise the entire agreement between you and us in respect to your use of this Site.