2 Changes to Terms
We may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this website. Any modifications will take effect when posted to the Website. By your continuing use of the website after changes are posted, you will be deemed to have accepted such changes.
3 Scope of Use and User E-Mail
4 Copyrights and Trademarks
The materials at this Website, as well as the organisation and layout of this site, are copyrighted and are protected by Australian and international copyright laws and treaty provisions. You may access, download and print materials on this website solely for your personal and non-commercial use; however, any print out of this Website, or portions of the website, must include Balls N Bumpers copyright notice. No right, title or interest in any of the materials contained on this website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this website without the prior written permission of Balls N Bumpers. Except as expressly provided under the ‘Scope of Use’ section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this website without the prior written permission of Balls N Bumpers. You may not use a part of this website on any other website, without consent from Balls N Bumpers. We respect the intellectual property rights of others and expect our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
Balls N Bumpers reserves the right to terminate any link or linking program at any time. Balls N Bumpers disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.
You may not link to this website without written permission from Balls N Bumpers. If you are interested in linking to this website, please contact email@example.com.
6 No Unlawful or Prohibited Use
As a condition of your use of the website, you warrant to Balls N Bumpers that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
Gathering email addresses from Balls N Bumpers through harvesting or automated means is strictly prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is also strictly prohibited.
8 User Communications
We reserve the right (but are not obligated) to do any or all of the following:
(a) Record the dialogue in public chat rooms.
(b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
(e) Monitor, edit, or disclose any communication in the Public Areas.
(f) Edit or delete any communication(s) posted on the website, regardless of whether such communication(s) violate these standards.
We reserve the right to take any action we deem necessary to protect the personal safety of our guests or the public. We have no liability or responsibility to users of the Website or any other person or entity for performance or non-performance of the aforementioned activities.
9 No Warranties
The website, and any content, are provided to you on an ‘as is’, ‘as available’ basis without warranty of any kind, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement, all of which we expressly disclaim.
We do not endorse and make no warranty as to the accuracy, completeness, currency, or reliability of the content, and we will not be liable or otherwise responsible for any failure or delay in updating the website or any content. We have no duty to update the content of the website.
We make no representations or warranties that use of the content will be uninterrupted or error-free. You are responsible for any results or other consequences of accessing the website and using the content, and for taking all necessary precautions to ensure that any content you may access, download or otherwise obtain is free of viruses or any other harmful components.
10 Limitation of Liability
Your use of the content is at your own risk. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of the website, its content or the information on it. The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute. You agree that we will not be liable for any direct or indirect loss, or damage, whatsoever (including through negligence) arising out of, or in any way related to, the use of the website or any other third party linked website.
Subject to our above disclaimers, under no circumstances will we be liable for any direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer including damages for loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the website. We are not responsible to you or anyone else for any loss suffered in connection with the use of the website, any of its contents, for any loss incurred as a result of damage to your or another person’s computer system or the transmission of any computer viruses.
You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with your breach of these terms or of any other legal obligation by you or your use of or conduct on the website.
These Terms of Access are governed by the laws in force of the State of Tasmania, Australia. You submit to the non-exclusive jurisdiction of the Courts of Tasmania, Australia in respect to any claim made by either party against the other which in any way arises out of these Terms of Access.
For further information, please contact:
Balls N Bumpers
171 Charles Street
Tasmania, TAS 7250
(+61) 03 6334 4402