Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITES (DEFINED BELOW). YOUR USE OF THE SITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITES.
1. Application
These Terms and Conditions apply to this website including any applications, platforms, services, or other resources related to. The Sites are operated by Prominent Trading Pty Ltd (NZBN 9429050600779).
2. Products, Content and Specifications
All features, content, specifications and products described or depicted on the Sites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Operators make all reasonable efforts to accurately display the attributes of products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The Operators are providing information about products on the Sites as a convenience only and provide links to our retail partners’ websites where the product may be available for purchase. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time from our retail partners or offered for sale at a particular price.
3. Accuracy of Information
We attempt to ensure that information on the Sites is complete, accurate and current. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Sites. For example, products included on the Sites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Sites. Although we try our best to be accurate about the pricing and availability of product from our retail partners, we cannot guarantee pricing or availability.
4. Use of the Sites
Use of the Sites is personal, nonexclusive, non-sublicensable and must be consistent with these Terms and Conditions. The design of the Sites and all text, graphics, information, content, and other material displayed on or available through the Sites are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. All rights reserved. You may not in any way or reproduce or publicly display, perform, distribute or otherwise use any of the information or materials displayed on or available from the Sites for any public or commercial purpose, except for limited backup purposes where appropriate. You may not create any derivative work of the Sites or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Sites. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler, or robot) to navigate, search, and/or extract information from the Sites. Any unauthorised use of any information or materials displayed on or available from the Sites may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
5. Trademarks
Certain trademarks, trade names, service marksand logos used or displayed on the Sites are registered and unregistered trademarks, trade names and service marks of My Duckling. Other trademarks, trade names and service marks used or displayed on the Sites are the registered and unregistered trademarks, trade names and service marks of their respective owners, including the Developers, or their respective affiliates. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Sites without the written permission of My Duckling.
6. Linking to the Sites
Creating or maintaining any link from another website or application to any page on the Sites without our prior written permission is prohibited. Running or displaying the Sites or any information or material displayed on the Sites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Sites must comply will all applicable laws, rules, and regulations.
7. Third Party Links
The Sites contain links to websites that are not owned, operated or controlled by the Operators or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s). Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Sites, you do so entirely at your own risk.
8. Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Sites. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
9. User Information
Other than personally identifiable information, which is subject to the Sites’ Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Sites in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
10. LIMITATIONS OF LIABILITY
We assume no responsibility nor liability for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Sites, or your downloading of any information or materials from the Sites. IN NO EVENT WILL THE OPERATORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY WEBSITES LINKED TO THE SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM OTHER RETAILERS LINKED ON SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITES.
11. Age Requirement
In order to use or assess the Sites, you need to (a) be 18 or older, or, be 13 or older and have your parent or guardian’s consent to the terms of these Terms and Conditions, and, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. Children under 13 years of age may not register for the Sites, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering these Terms and Conditions for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the Sites, including all financial charges and legal liability that he or she may incur.
12. Revisions to these Terms and Conditions
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of the Sites.
13. Choice of Law, Jurisdiction
These Terms and Conditions supersede any other agreement between you and any of the Operators to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of laws.
14. Termination
You or we may suspend or terminate your account or your use of the Sites at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice.
15. Additional Assistance
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us via support@myduckling.com.au.