TERMS AND CONDITIONS
The website http://www.wildcandy.net/ (“Website”) is owned and operated by Wild Candy Pty Ltd (ACN 060 173 695) of P.O. Box 241, Crib Point. Vic. 3919. (“Wild Candy”). The information, images, text, products, software, data, content, ringtones, graphics, logos, voice-greetings, picture-messages, screen savers, wallpapers, icons, games and other material on the Website (“Materials”) and the use of the Materials are subject to copyright laws in Australia and, through international treaties, other countries. By accessing the Website, the Material and the services provided via the Website (“Services”), you consent to be bound these terms and conditions, the Wild Candy Privacy Policy, and any other terms and conditions appearing on the Website as may be modified from time to time, including the Message Net Pty Ltd terms and conditions and any additional conditions applicable to individual Materials and Services (“Terms of Use”).
Third Party Fees You are responsible for obtaining access to the Website, the Materials and Services. Access to the Website and any transmission, delivery or use of the Materials and Services may incur additional third party fees or charges such as internet service provider, telecommunications operator charges or SMS charges. You are responsible for those third party fees. Such third party fees may include a charge by your carrier or telecommunications network to download any Materials, in addition to any fee payable to Wild Candy in association with such download request. Such charge will appear on your mobile phone bill or will be deducted from your Prepaid Account. You are responsible for payment of such additional charges. If you have any queries relating to mobile data charges or connectivity please contact your mobile phone carrier.
Compatible Equipment You acknowledge and agree that you must provide and are responsible for all equipment necessary to access the Website, Materials and Services. Delivery of any Materials is subject to the following conditions: (a) your mobile phone must be MMS compatible and must be enabled or set to receive text messages or SMS; (b) you must have subscribed for SMS services from your network operator; (c) the Materials ordered by you must be capable of being received on the receiving mobile phone. Wild Candy makes no representation or guarantee that any Materials can be displayed on the receiving mobile phone handset; (d) Materials can only be sent if your mobile phone is on a compatible network. Wild Candy shall not be liable in the event that any of the Materials purchased by you fail to perform or be transmitted due to (a) network failure; (b) the receiving mobile phone is not switched on; (c) absence of SMS function and ability; (d) user’s mishandling; (e) distortion of message content; (f) non-compatibility of the receiving mobile phone model with the Materials. Any fee payable to Wild Candy will be processed when you SMS your download request code to 188-9927, irrespective of whether the Materials are received and including where delivery is unsuccessful either due to the non-compatibility of the receiving mobile phone with the Materials selected; the operation of your telecommunications network or otherwise.
Materials The Materials are protected by copyright and other international laws. You may not reproduce, modify, distribute or store any part of the Materials without the prior written permission of Wild Candy except in accordance with the Terms of Use. Wild Candy grants you a non-exclusive, non-transferable, limited license to access and reproduce the Materials solely for non-commercial, personal or educational purposes or as expressly provided for in the Terms of Use and not for any other purpose unless otherwise consented to in writing by Wild Candy or in accordance with any applicable mandatory laws. All other rights in the Materials are reserved and remain vested in Wild Candy and/or any other third party from whom Wild Candy may have acquired the right to grant this licence to you. You may not “frame” the Website without the prior written permission of Wild Candy which may be granted subject to such terms and conditions as Wild Candy may in its sole discretion determine, including application of specific measures to avoid user confusion.
As Is You acknowledge and agree that Wild Candy is providing the Website to you on an “as is” and “as available” basis and that Wild Candy does not warrant that the Website will be uninterrupted or error-free. Wild Candy may modify the Website or withdraw access to the Website at any time and you agree that Wild Candy shall not be liable to you or to any third party for any suspension or discontinuation of the Website.
Limitation of Liability To the extent permitted by law, Wild Candy make no express or implied warranty of any kind in relation to the Website, Materials and Services, including but not limited to warranties of title; warranties concerning the availability, accuracy or reliability of the Website, Materials and Services; warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, Wild Candy shall not be liable for any claim whether in contract, tort, negligence or otherwise including as a result of any error, omission, interruption, deletion, failure of operation or transmission, computer virus, unauthorized access to the Website or alteration to the Website, for any direct, indirect, incidental, special or consequential damages; costs; loss of profit, business revenue, goodwill, anticipated savings or data; business interruption arising out of the use or inability to use the Website, the Materials or the Services. Wild Candy is not liable for any delay, data loss or damage during the transmission of your order Materials. You acknowledge and agree that Wild Candy is not liable for the defamatory, offensive or illegal conduct of other customers or third-parties.
To the greatest extent permitted under applicable laws, Wild Candy’s liability to you shall be limited to the sale price of the Material purchased by you.
Indemnity You agree to release and hold Wild Candy and its employees, officers, directors, shareholders, representatives and affiliates harmless from any and all losses, damages, rights and claims of any kind arising from or related to the Website, Materials or Services including but not limited to: (a) telephone, electronic, hardware or software, network, internet malfunctions, failure or difficulties of any kind; (b) failed, incomplete, garbled transmissions; (c) any condition caused by events beyond the control of Wild Candy that may cause the Website to be disrupted or corrupted; (d) damages of any kind arising in connection with or as a result of your use of the Website.
In addition, you agree to release and hold Wild Candy and its employees, officers, directors, shareholders, representatives and affiliates harmless from any and all losses, damages, rights and claims of any kind made by a third party due to or arising out of your access to and use of the Website, Materials or Services; your breach of these Terms of Use; your breach of any rights of a third party; or any other act or omission by you.
Links to Third Party Sites Wild Candy may link the Website to other sites that are owned or operated by third parties. You agree that your use of such third party sites is at your own risk and you acknowledge that Wild Candy has no control over and does not assume any responsibility for the content, opinions, information, data or materials available on such third party sites. A link to a third-party site does not imply that Wild Candy endorses the site or the products or services referenced in such third party site.
Use of the Website You warrant that you shall only access and use the Website for lawful purposes and in accordance with these Terms of Use. Any material submitted by you to the Website, and your use of the Website, shall not be unlawful; give rise to civil liability; defamatory; obscene; abusive; or breach any right of a third party. You will undertake all reasonable efforts to ensure that any material submitted by you to the Website has been scanned and viruses or other contaminating or destructive features have been removed prior to submission of the material.
The Website may be accessed throughout Australia and overseas. Wild Candy makes no representation that the Website complies with the laws (including intellectual property laws) of any country outside Australia. You agree that if you access the Website outside Australia, you shall be responsible for ensuring that you comply with the laws of the country in which you are located and you agree to comply with all applicable laws in the country in which you reside.
Infringing Material If you believe any Materials are placed on and used via the Website in violation of any party’s rights, you may notify Wild Candy by providing the requested information noted in (a) – (d) below. Wild Candy shall only use such information in accordance with its Privacy Policy and as reasonably necessary to investigate any claims in relation to the allegedly infringing Material: (a) complainant’s full name and, if applicable, name of complainant’s business entity; (b) complainant’s mailing address, daytime telephone number, facsimile number and email address; (c) description or identification of the allegedly infringing Material; (d) basis for asserting ownership of or exclusive licence to Material; (e) URL of all pages on the Website where the allegedly infringing Material is located. Please email this information to wildlife@netspace.net.au, clearly marked “Infringement Notification”.
Disputes In the event of any dispute or litigation arising in connection with any access to or use of the Website, Services and Materials, neither party shall dispute the admissibility as evidence or challenge the validity of these Terms of Use.
Governing Law Your access to and use of the Website, Materials and Services and any disputes or claims arising under or in connection with the Website shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and the parties submit irrevocably to the exclusive jurisdiction of the courts of that State. The parties shall nonetheless have the right to issue proceedings in any other jurisdiction for the purposes of enforcing a judgment or order obtained from the courts of Victoria, Australia.
Privacy Any customer information collected about you shall only be disclosed to third parties in accordance with the Wild Candy Privacy Policy. The Wild Candy Privacy Policy has been developed to accord with the voluntary National Privacy Principles for the Fair Handling of Personal Information developed by the Australian Federal Privacy Commissioner, and The Privacy Amendment (Private Sector) Act 2002. For full details of Wild Candy’s privacy policy, click here.
|
|