Terms and Conditions
In order to use RosekellySwimwear.com you must read and agree to our Terms & Conditions. They are for your protection and outline our obligations to you.
TERMS & CONDITIONS
Last updated 19/09/2012
This Website is owned and operated by Rosekelly Swimwear PTY LTD (ACN 160 424 126), trading as rosekellyswimwear.com
The following Terms and Conditions govern the use of the RS website (“Site”), the materials and information contained therein and related services made available to you via this Site. By accessing or using this Site in any manner, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not visit or use the Site. RS may from time to time change this Site (including these Terms & Conditions of use). Please read these Terms and Conditions and re-read before subsequent use. In the event of change(s) to these Terms and Conditions that you do not agree with you must immediately stop using the Site.
RS, its representatives and associated agents are not liable to you or any other person for any loss in connection with the use of this Site or a Linked Web Site. This general disclaimer is not restricted or modified by any specific warning or disclaimer contained herein.
Exclusion of Liability and Overall Disclaimer
The materials and information provided on this Site and related communications are provided on and “as is” basis. RS assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. Any reference to products or services on this Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by RS.
Subject to any non-excludable provisions in the Competition and Consumer Act, 2010 (Cth) (the “Act”), RS expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site. RS shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if RS is expressly advised of the possibility of such loss or damages.
These Terms and Conditions are effective until terminated by RS and RS may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.
Use of this Website
You will be required to register to use some of the features on this Site. RS may change registration requirements from time to time and without notice. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your this information change, please notify us immediately at the following e-mail address firstname.lastname@example.org
In consideration of your use of all RS offers, discounts and promotions, you hereby represent that you are of legal age and agree to provide true, accurate and current information about yourself as prompted through the Site’s registration. If you do provide details that are untrue, inaccurate, not current or complete, RS has the right to suspend or terminate your account and refuse all current or future use of the Site. If you use the Site you are entirely responsible for maintaining the confidentiality of your access including but not limited to, your account registration, password and restricting access for any person other than yourself, to your computer. You agree that you accept responsibility for any and all activity that occurs under use of your account and password. As a strict security measure, we advise you to exit your account after each use to avoid unauthorized use. RS reserves the right to terminate, refuse service, or remove or edit content at its sole discretion.
The content and information on this Site as well as the infrastructure used to provide such consent and information is proprietary to us. You agree not to modify, copy, distribute, transmit, display, reproduce, publish, licence, create derivative works from, transfer, sell or resell any information, software, products or services obtained from or through this Site. You may also not use this Site or its contents for any commercial purpose.
We operate several other websites to which you are able to gain access from this Site. By registering with RS either on this Site or in any other manner, you will be automatically registered with each other website which we operate and your personal information will be automatically transferred to that other site to be used pursuant to the policies of that other site for the time being.
You may also elect to receive promotional material and participate in competitions and surveys conducted by these other sites without having to separately register on each site. You will not receive promotional material from any other site/s nor will your personal information be shared with any other party without your consent.
You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect RS or its users.
We shall also share your personal data with relevant companies and organisations to the extent necessary for us to perform credit checks and you hereby consent to us so doing.
You should not send any information or material that you consider to be confidential or proprietary, to RS or any other person, through this Site. Any information or material sent to RS at, or through this Site, is deemed to be not confidential. You are deemed to grant to RS an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Site. RS is free to use any ideas, concepts, know-how or techniques that you send to RS, for any purpose.
The site may provide users with the ability to send messages to other users and non-users and for messages and other content to be posted on the Site. RS is under no obligation to review any message, information or content (“Postings”) posted on the Site by any party and assumes no responsibility or liability relating to any Posting. Notwithstanding the above, RS may from time to time monitor the Postings on the site and may decline to accept and/or remove any email or Posting.
You understand and agree not to use any functionality provided by the Site to make a Posting or initiate a communication that contains: (i) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, federal or international law. (ii) advertisements or solicitations of any kind. (iii) impersonate others or provide any kind of false information. (iv) personal information such as messages which include phone numbers, identification numbers, account numbers, addresses or employer references. (v) messages by non-spokesperson employees of RS purporting to speak on behalf of RS or containing confidential information or expressing opinions concerning RS (vi) messages that offer unauthorised downloads of any copyrighted or private information. (vii) multiple messages placed within individual folders by the same user restating the same point. (viii) chain letters of any kind. (ix) identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) using RS invitations to send messages to people who don’t know you or who are unlikely to recognise you as a known contact; b) using RS to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases or group aliases.
You must comply with all proprietary and copyright notices on this Site. This Website is owned by RS and its associates, and is subject to copyright. The information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:
(a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site;
(b) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or
(c) use or apply, for commercial purposes any material or information on this Site, without the prior written consent of RS.
Any software which you down load from this Site is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by down loading such software you agree to abide the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.
All trademarks, brands and names appearing on this Site are the property of their respective owners.
Nothing contained on this Site should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Site without the express written permission of RS or third party owner.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you have engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree to indemnity and hold RS (and it’s officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any demand or claim, including reasonable solicitor’s fees, arising out of or related to your breach of these Terms and Conditions or your violation of any law or the rights of a third party.
Links and Third Party Representation on this Website
The site may contain hyperlinks to websites operated by third parties (“Third Party Sites”). Such links are provided for your convenience. Unless otherwise indicated, MCW does not control Third party Sites and is not responsible for their content.
For the avoidance of doubt, RS makes no representations or warranties about any Third Party Site which you elect to access through this Site. Third Party Sites are not under the control of RS, and RS is not responsible for the accuracy of any information on any Third Party Site. RS does not monitor or review the content of any Other Website. You must take your own precautions to ensure that a Third Party Site that you access by link from this Site is free from viruses, worms, trojan horses and other material of a destructive nature.
RS will not monitor or review statements made by persons other than RS (“Third Parties”) on this Site. Third Parties may post statements or information relating to items offered for sale by Third Parties on some portion of this Site, from time to time (“Third Party Posted Material”). RS makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. RS expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, RS is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Site, the use of any other linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if RS has been expressly advised of the possibility of such loss or damages.
You must indemnify and keep indemnified RS in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Third Party Website, or both.
Limitation of Liability
Subject to any non-excludable provisions of the Act, RS disclaims liability for all warranties or representations express or implied, in relation to goods or services, or both, referred to in this Site, or offered for sale on this Site by any Third Party. In particular, RS shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for the loss of profits, goodwill, use, data or other intangible losses (even if RS has been advised of such damages), resulting from use of the Site, content or related services.
Product information in relation to products referred to in this Site has been provided by the respective manufacturers of the relevant products. Product information and illustrations is published with the permission of the relevant manufacturer and/or owner of that product.
These Terms and Conditions are governed by the laws in force in New South Wales, Australia without regard to its conflict of law provisions and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.
Nothing contained in these Terms and Conditions derogates from RS’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by RS with respect to that use.
If any of these conditions are deemed invalid, void or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time RS may offer special promotional offers, which may or may not apply to your RS account. You agree to be bound by any additional terms and conditions for these special offers. Headings are for reference purposes only and do not limit the scope or context of such section.
RS does not guarantee it will take action against all breaches of these Terms and Conditions. Except as otherwise expressly provided in these Terms and Conditions there shall be no third-party beneficiaries to this these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between you and RS and governs your use of the Site, superseding any prior agreements between you and RS with respect to the Site.
In this Site:
“Linked Web Site” means websites of persons or entities other than RS which are linked to and from this Site.
“ROSEKELLYSWIMWEAR” or “RS” means Rosekelly Swimwear Pty Ltd (ACN), trading as rosekellyswimwear.com (.au) and includes a reference to its Related Bodies Corporate.
“Related Bodies Corporate” has the meaning assigned to it in the Corporations Act 2001 (Cth).
“Site” means the whole or any part of the web pages located at www.rosekellyswimwear.com (including the lay-out of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site.)
“Third Parties” means persons or entities represented on the Site other than RS.
“Third Party Posted Material” means posted statements, information relating to items or items offered for sale by Third Parties on some portion of this Site.
“We” and “us” refer to RS and “our” has the same meaning.
“Your Information” means any information from which your identity is apparent or can be reasonably be ascertained.
Rosekelly Swimwear PTY LTD
Mona Vale, 1660 NSW, Australia
© 2012 rosekellyswimwear.com. All Rights Reserved.
Not to be reproduced. All third party trademarks mentioned or displayed on this Site are the property of their respective owners.