Terms & Conditions
PLEASE READ!
[www.christmasdecor.com.au] REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF [www.christmasdecor.com.au] ARE REQUIRED CONSIDERATIONS FOR [www.christmasdecor.com.au] GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH [www.christmasdecor.com.au] OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF [www.christmasdecor.com.au]
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO [www.christmasdecor.com.au] YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH [www.christmasdecor.com.au] OR ITS CONTENTS IN ANY MANNER. [www.christmasdecor.com.au] SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
[www.christmasdecor.com.au] RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, [www.christmasdecor.com.au] IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW [www.christmasdecor.com.au] TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorised use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorised by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url [www.christmasdecor.com.au] of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including legal fees, collection fees, investigation fees, travel expenses.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
The Use Of Christmas Decor [www.christmasdecor.com.au]
CUSTOMER REVIEWS
The Client operates a business in which customer email addresses are held and linked to a sale or other business transaction.
CD collection of reviews and operates a website on which feedback can be displayed through which customers interact with CD.
1 Consumer Details
1.1 You will ensure that your Consumer Details are accurate and error free as far as is reasonably possible.
1.2 We will use the Consumer Details to send one email only asking for Feedback. We will not make further contact with any Consumer except:
1.2.1. with the previous written consent of you and/or the Consumer;
1.2.2. where details of that Consumer have been provided to us by a third party;
1.2.3. as required by law or by any court, tribunal or administrative body of competent jurisdiction; and/or
1.2.4. to inform the Consumer of a response you have made to his/her comments; and/or
1.2.5. for the purpose of satisfying our obligations under these Terms and Conditions.
3 Indemnity
Customers shall indemnify CD against any loss or damage suffered or incurred by CD as a result of any third-party claim (including any claim or allegation by any governmental authority) that:
(a) the use of any content provided by Customer infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;
(b) CD use of Consumer data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or
(c) any email message sent or caused to be sent by CD on behalf Customer violates any applicable law, rule or regulation.
Customer shall not bring any claim against CD arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive or otherwise harmful. Customer shall indemnify CD against any loss or damage suffered or incurred by Customer Reviews as a result of any such claim, whether such claim is brought by Customer, any of Customer’s affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.
4 Limitation Of Liability
4.1 Neither party excludes any Loss in respect of personal injury or death, fraudulent misrepresentation or any other Loss that may not be lawfully excluded or limited under Australia law.
4.2 Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect, consequential or special Loss whatsoever.
5 Personal Information
Our processing of personal data is carried out according to the law of personal data. Users can contact us if they request information about what data that are processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, which can happen by contacting support@christmasdecor.com.au. Withdrawal of consent will be considered as a request to be deleted as a user altogether.
We have initiated a number of technical and organizational arrangements to ensure that personal information that is being processed does not delete, disappear, deteriorate or gets into the hands of unauthorized parties.
When enabling the Review Collection Services, the Client is – in accordance with the Data Protection Requirements – regarded as a Data Controller of the Consumers’ personal data, which is provided to Customer Reviews. When Client uses the Review Collection Services Customer Reviews is regarded as the data processor. This entails that Customer Reviews shall only act by instructions from Client in regard to the provided personal data about the Consumers. It is the sole responsibility of Client to provide such instructions to CD.
CD is not responsible for and assumes no liability for the Consumers’ conduct on or use of the Customer Reviews Service, including the content published by the Consumers (such content, “User Content”). CD does not and cannot control or monitor the User Content and Customer Reviews does not endorse any User Content, nor does the opinions expressed in the User Content represent the opinions of Customer Reviews, its affiliates, or any of its or their officers, directors, employees, contractors or shareholders.
The Agreement shall not be regarded as an approval, endorsement or recommendation of Client, Client’s products or services by CD Customer Reviews. Client may not market itself or by other way give public declarations in conflict with the above.
Client’s use of the CD Customer Reviews Service must at all times comply with all applicable laws, rules and regulations. Client warrants to Customer Reviews that its use of the Customer Reviews Service will in no way cause CD to violate any applicable laws, rules or regulations or to violate the privacy rights of any third party.
When writing a review your name and/or email address will still be visible to the company being reviewed via the client dashboard even if it is set to publish anonymously.
6 Disclaimer
Customer Reviews does not produce or publish contributions on the website. CD cannot be held accountable for the reviews and comments made on the website. If you would like to remove or discuss an issue with the website, please email support@christmasdecor.com.au.
CD accepts no responsibility for the accuracy or completeness of contributions published by registered users on the website, including contributions of technical, external or any other cause may be changed or deleted in connection with the publication on the website or the following.
CD does not read through or edit contribution added to the website and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, CD will accept no responsibility for the contents of the link in question.
Customer Reviews can in no case be made to compensate for use of the website or code, including loss of revenue, working loss, market interruptions, loss of goodwill or similar losses. Furthermore, CD cannot be made to pay compensation or similar as a result of errors or downtime.
CD reserves the right to revise these terms at any time, as well as the right to close the website as a result of own assessment and without warning.
We reserve the right to delete reviews that are solicited from external websites.
CONTACT INFORMATION
Customer Support : 9:00 am to 5:00 Pm (Mon To Fri)
Email: support@christmasdecor.com.au
Phone: +61 432 866 741
The Seller of this product is:
Mailing address:
[Christmas Decor]
[2 Beltana Court]
[Wheelers Hill Victoria 3150]
[Australia]