1.1 This agreement constitutes a contract between you and Ningaloo Designs regarding the use of the Website.
1.2 The term “Ningaloo Designs” in Clause 1.1 includes Ningaloo Designs, its proprietors (from time to time), assignees and successors.
Use of the Website
2.1 Your right to use the Website is subject to the Terms of Access and Ningaloo Designs may vary or modify the Terms of Access from time to time in its sole and absolute discretion. If you do not agree to the modifications made to the Terms of Access from time to time, you should immediately cease using the Website, otherwise your continued use of the Website will be evidence of your acceptance of the modified Terms of Access.
2.2 Persons under the age of eighteen (18) years require the consent of their parents or legal guardian/s before using the Website.
2.3 You agree not to use the Website for any unlawful purpose.
2.4 You agree not to use the Website to load up any virus, trojan horses or do anything that is likely to harm the Website, or to cause harm to Ningaloo Designss systems or to the system of any person who accesses the Website.
2.5 Ningaloo Designs reserves its right to discontinue, temporarily or permanently, the Website and/or any of the facilities available via the Website without notice to you.
2.6 Ningaloo Designs reserves its right to restrict access to the Website or certain parts of the Website at any time without notice to you. Ningaloo Designs acknowledges that you may cease using the Website at any time.
2.7 Ningaloo Designs is not liable to you or any third party by way of Contract or Tort for:
any suspension or termination of the Website and/or any of the facilities available via the Website.
restriction of your access to the Website and/or any of the facilities available via the Website.
Facilities Available via the Website
4.1 The Website provides persons with the opportunity to engage in a discussion forum and other interactive communication. Ningaloo Designs requires that persons use the Website and its facilities, including but not limited to the discussion forum, in a responsible manner.
4.2 Ningaloo Designs does not pre-screen the content posted, transmitted or submitted via the Website by persons other than Ningaloo Designs . You acknowledge that you may be exposed to content which is offensive to you.
4.3 You are not to post, transmit or submit content via the Website which is offensive, rude, distasteful, malicious, abusive, defamatory, libelous, slanderous, harassing, racially or sexually offensive, or which infringes the privacy rights of another or which is promotional in nature or which Ningaloo Designs determines, in its sole and absolute discretion, to be unacceptable.
4.4 Ningaloo Designs reserves its right to refuse, remove, edit or modify any content posted, transmitted or submitted via the Website in its sole and absolute discretion and includes, but is not limited to, content which, in the sole opinion of Ningaloo Designs , contravenes Clause 4.3.
4.5 Ningaloo Designs is not liable for any loss or damage arising to you or third parties from content posted, transmitted or submitted via the Website.
4.6 Entry to Ningaloo Designs online competitions is provided to all residents of Australia on the proviso that the entrant is available to pick up their prize from their nominated store within the allotted timeframe detailed in the winner’s prize confirmation e-mail. No requests for arrangements to mail or courier a prize to a winner will be considered and no exceptions or correspondence will be entered into.
8.2 You agree to and acknowledge the following matters:
That Ningaloo Designs cannot ensure the security or privacy of information you post, transmit or submit through the Website and you release Ningaloo Designs from any liability in connection with the use of information by other parties.
That any information posted, transmitted or submitted through the Website by you (including your personal information) may be shared with Ningaloo Designs promotional partners and you release Ningaloo Designs from any liability in connection with the use of information by Ningaloo Designs promotional partners.
That Ningaloo Designs cannot control the use by others of any information that you post, transmit or submit via the Website and Ningaloo Designs recommends that you exercise caution when selecting the information that you submit.
9.1 You agree to indemnity Ningaloo Designs and its proprietors, officers, directors, employees and agents against any loss, damage or claims where such loss or liability arose out of or in connection with a breach of this Agreement by you, or the publication or distribution of material or information supplied to the Website by you, or any complaints or charges made by other parties against you.
10.1 The Website contains links to sites operated by third parties. Ningaloo Designs has no control over these third-party sites and the existence of those links is not to be construed as an endorsement of the third-party sites by Ningaloo Designs.
10.2 Ningaloo Designs is not responsible for the content or material contained on the linked sites.
Intellectual Property Rights
11.1 The information and material appearing on the Website is to be used for your sole personal use only.
11.2 Ningaloo Designs reserves all intellectual property rights in the Website and any necessary software used in connection with the Website. Except as authorised by Ningaloo Designs you agree not to:
Distribute the Website, in whole or part, in any form
Store the Website, in whole or part, in any storage media
Re-transmit the Website, in whole or part, in any media
Create derivative works based on the Website, in whole or part
Upload the material to any other site on the World Wide Web.
11.3 Ningaloo Designs is a registered trademark. The Ningaloo Designs logo may not be used without the prior specific, written permission of Ningaloo Designs.
11.4 You acknowledge that the Website contains advertisements and material from Ningaloo Designss promotional partners and that such material is protected by copyright, trademarks and other intellectual property law.
12.1 This agreement is entered into in Western Australia. This agreement is governed by and interpreted in accordance with the laws of the Western Australia.
12.2 You acknowledge that the Website contains advertisements and material from Ningaloo Designss promotional partners and that such material is protected by copyright, trademarks and other intellectual property law.
12.3 If any part of this agreement is held unenforceable or invalid, that part of the agreement will be deemed to be severed and the remaining provisions will continue in operation.