The following provisions govern your use of www.ivyandeade.com (the “Website”) and all other products or services made available to you through the Website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE.
By using the Website, you (“you” and where applicable “Supplier”) agree to be bound by these Terms and Conditions which constitute a contract between you and Ivy & Eade ABN 17 197 131 001 (“we” or “us”). If you do not agree to all of the provisions contained in these Terms and Conditions, DO NOT use the Website. We reserve the right to revise and update these Terms and Conditions at any time. Please periodically review these Terms and Conditions. Your continued use of the Website is deemed to be your acceptance of and agreement to any revised Terms and Conditions.
It is a condition of these Terms and Conditions that all information or content you post and/or submit to be posted or used on the Website, including all advertisements, photos and creative designs, are either your own works or works which you are using with the permission of the owner. Subject to any other clauses of these Terms and Conditions, by submitting information or content (including advertisements, photos and designs) to any part of the Website you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to the Website (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or confidentiality restrictions. You warrant that any and all information submitted by you and posted on the Website, including in any directories, is true, complete and correct.
Review of submissions
You must not post any information which (i) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the Website or any of our users.
We may deny you access to all or part of the Website and/or suspend or cancel your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.
Copyright and Trade Marks
The entire contents and design of the Website, including all trade marks, text, images and audio and video files, is proprietary to us or our content providers and is protected by intellectual property laws. The Website is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the Website and/or our communications without our express prior written permission or the permission of the relevant copyright owner. You may not use any of the information or content on the Website for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.
The Website is provided on an ‘as is, with all faults and as available’ basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. We make no representation or warranty that any content of the Website is accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and use of the Website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating the Website at any time without notice.
Use of the Website
Your use of the Website is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the Website. Neither we nor anyone else involved in creating, producing or delivering the Website, our communications, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the Website.
You must not use any means of automatically searching or mining data from the Website or in any way interfere or attempt to interfere with the proper operation of the Website.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Website, our systems or data or those of any third party via the Website.
Sale of products listed on website
We may receive a commission from the sale of a Supplier’s product through the website (excluding shipping costs). The remaining funds, including shipping costs, will be deposited directly into the Supplier’s PayPal account manually. It is the Supplier’s responsibility to ensure that the contact details and payment information is kept accurate in order to facilitate this process.
The Supplier must advise us if there are any changes to their listed product range, however can make changes to the product range including price, quality and quantity.
We strive to provide valuable and accurate information. The editors of the material contained in the Website have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the Website neither we nor any other party involved in the preparation of material contained in the Website or in our communications represents or warrants that the information contained therein is in every respect accurate or complete, and they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other sources.
The Website may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or web site link on the Website and/or in our communications does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of these Terms and Conditions (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by you accessing the Website.
Waiver, Release and Limitation of Liability
You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Website. You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of the Website. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
Notwithstanding the foregoing paragraph, to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the Website shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$200. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the Website is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.
Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Website, or resulting from the act or omission of any other party involved in making the Website or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the Website or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us.
Third Party Rights
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Advertisers, service providers and entities listed in our directories may pay us a fee from time to time. The payments of fees for listing on or use of the Website and/or our communications have no influence on editorial content, presentation or feedback including ratings.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
If any of these terms and conditions is determined by a court of law to be invalid or unenforceable, it will be severed to the extent that it is invalid or unenforceable. Severance of it will not affect the continued operation of the remaining provisions of these terms and conditions.
If we do not act in relation to a breach by you of these terms and conditions, it does not waive our right to act with respect to that or subsequent breaches. Any waiver by us must be in writing and signed by us.
The rule of interpretation which sometimes requires that an agreement be interpreted to the disadvantage of the party which put the agreement forward, does not apply.
This agreement contains the entire agreement between you and us about its subject matter and supersedes all prior discussions, representations, agreements and understandings between you and us in connection with the subject matter.
These terms and conditions are governed by and is to be interpreted according to the laws in force in New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts in New South Wales, Australia.