Arrowmaster Giftware Pty Ltd ("Arrowmaster Giftware")
Terms and Conditions of Use
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively known as "Content"), including but not limited to the design, structure, selection, coordination, expression, 'look and feel' and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Arrowmaster Giftware, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Arrowmaster Giftware does not, nor does any other party who provides Content to this Website make any warranty as to the accuracy, completeness or currency of the Content. As a user of this Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, Arrowmaster Giftware and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.
Arrowmaster Giftware and each party providing Content to the Website are limited in its liability to the extent permitted by law, to the resupply of the Content. Arrowmaster Giftware does not accept responsibility for any liability in respect of access to other content through the use of this Website.
3. Your Use of the Website
While utilising our Website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Arrowmaster Giftware reserves its right to bar individuals thought to be conducting such activity.
You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Arrowmaster Giftware server, or to any other services offered on or through the Website by hacking or any other illegitimate means.
You may not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
You may not trace or seek to trace any information of any user or customer of Arrowmaster Giftware, including any Arrowmaster Giftware account not owned by you to its source. You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or Arrowmaster Giftware's systems or networks, or any systems or networks connected to the Website or to Arrowmaster Giftware.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Arrowmaster Giftware on or through the Website or any service offered on or through the Website. You may not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.
4. Purchases; Other Terms and Conditions
Arrowmaster Giftware does not guarantee that your use of this Website will be confidential. Arrowmaster Giftware is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this Website.
7. Links to other Websites and to the Arrowmaster Giftware Website
This Website may contain links to other independent third-party Websites ("Linked Websites"). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under Arrowmaster Giftware's control, and Arrowmaster Giftware is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.
Arrowmaster Giftware notes further that some components of the Website require an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account.
Arrowmaster Giftware is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures. Arrowmaster Giftware requests that you promptly report to it any unauthorised use of the password.
ARROWMASTER GIFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ARROWMASTER GIFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARROWMASTER GIFTWARE DOES NOT WARRANT THAT ITS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM ARROWMASTER GIFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARROWMASTER GIFTWARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST ARROWMASTER GIFTWARE FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to, but is not limited to, any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Arrowmaster Giftware reserves the right to do the following, at any time, without notice:
1. Modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
2. Modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and
3. To interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You must indemnify and hold harmless Arrowmaster Giftware or its employee's contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
a) any breach by you of these Terms; or
b) reliance by you on any information obtained through the Arrowmaster Giftware Website.
11. Applicable Law
The Website (excluding any linked third party Websites) is controlled by Arrowmaster Giftware. By accessing this Website, you accept that any disputes about this Website or the Content are to be determined by the Courts having jurisdiction in New South Wales ("NSW") in accordance with the laws in force in NSW (subject to the application of any principal of conflict of laws inconsistent with this requirement).
Although this Website can be accessed throughout Australia and overseas, Arrowmaster Giftware does not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
(a) If any of these Terms are invalid or unenforceable, it will be struck out, and the remaining Terms will remain in force.
(b) Headings are for reference purposes only.
(c) If we do not act in relation to a breach by you or others of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.
(d) In these Terms, the term "Service" includes any email bulletins or other communications that we provide to you or initiated from the Site.
Arrowmaster Giftware Pty Ltd
PO BOX 334, Dee Why NSW 2099
These Terms were last updated on Thursday, June 20th, 2013.