30 Macbeth St
Braeside VIC 3195
Australia

P: +613 9580 4586
F: +613 9587 3860
down continental quilts & pillows

TERMS AND CONDITIONS OF USE





These Terms of Use ("Terms") govern your use of our website located at downquilts.com.au and form a binding contractual agreement between you, the user of the Site and us, Danish Eiderdowns (ABN 76 441 712 261).


By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.


Contents


I. Licence to use site .....
2. Intellectual property rights .....
3. Warranties .....
4. Liability .....
5. Termination .....
6. Alteration of terms of access .....
7. General .....

1. Licence to use site


1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
1.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
1.3 You must not add any content to the Site:
1.3.1 unless you hold all necessary rights, licences and consents to do so;
1.3.2 that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
1.3.3 that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent,
seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
1.3.4 that would bring us, or the Site, into disrepute; or
1.3.5 that infringes the intellectual property or other rights of any person.


2. Intellectual property rights


2.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.


3. Warranties


3.1 The Owner does not warrant guarantee or make any representation that:
3.1.1 the Website, or the server that makes the site available on the WWW are free of software viruses;
3.1.2 the functions contained in any software contained on the Website will operate uninterrupted or are error-free;
3.1.3 and errors and defects in the Website will be corrected.
3.2 The Owner is not liable to you for.
3.2.1 errors or omissions in the Website, or linked sites on the WWW;
3.2.2 delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
3.2.3 defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
3.3 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.


4. Liability


4.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
4.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
4.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
4.3. I in the case of goods:
4.3.1.1 the replacement of the goods or the supply of equivalent goods;
4.3.1.2 the repair of the goods;
4.3.1.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4.3.1.4 the payment of having the goods repaired, and
4.3.2 in the case of services:
4.3.2.1 the supply of the services again; or
4.3.2.2 the payment of the cost of having the services supplied again.


5. Termination


5.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
5.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.


6. Alteration of terms of access


6.1 The Owner reserves the right to change these Terms of Access:
6.1.1 with or without further notice to you; and
6.1.2 without giving you any explanation or justification for such change.


7. General


7.1 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
7.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
7.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
7.4 This Agreement is govemed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.

© Danish Eiderdowns 2018
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