Terms & Conditions of Use
WELCOME TO THE WEBSITE OF BRAND CAVE PTY LTD. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY before accessing, browsing and/or using any portion of this website (this “Site”). These Terms and Conditions apply to all visits to and use of the Site. By accessing and using the Site, you signify your consent to abide by these Terms and Conditions in their entirety, in addition to all other laws or regulations that apply to the Site, the Internet, and the World Wide Web. Additional or different terms and conditions (“Other Terms”) may apply in connection with certain features (e.g. sweepstakes or contest entries). These Other Terms are incorporated into and made a part of these Terms and Conditions by reference. If you do not agree to these Terms and Conditions in their entirety, please do not use the Site.
All features, Content, and products and services available on or through the Site, including, but not limited to, prices of products and services, are subject to change at any time without notice. In addition, any feature, Content, product or service may be discontinued at any time in Brand Cave Pty Ltd’s sole discretion. The inclusion of any features, Content, products or services on this Site at a particular time does not imply or warrant that these products or services will continue to be available. Brand Cave Pty Ltd reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.
The Site is considered to be a general audience site and is not intended for use by children. Children accessing the Site should get the permission and assistance of a parent or guardian to use the Site. By using the Site, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will update and maintain the accuracy of that information; and (c) your use of the Site does not violate any applicable law or regulation in the jurisdiction in which you are accessing the Site. In order to access or use certain features on the Site, you may be required to establish and use a profile or account. When you register for an account or establish a profile, you may be asked to create a user ID and choose a password. You are responsible for keeping your user ID and password secret and confidential and restricting access to that information. You agree that you are solely responsible for all activities that occur using your user ID and password.
Ownership, Permitted Use and Site Content
All of the content contained in, available through, featured or displayed on the Site, including, but not limited to, information, communications, text, graphics, photographs, images, sounds, moving images, video, illustrations, code and other materials (“Content”), as well as all trademarks, service marks, trade names, logos, trade dress, icons and domain names (collectively “Marks”) located on this Site, are owned by Brand Cave Pty Ltd, or its parent or affiliate entities, its licensors or its content providers. The Content and Marks are protected by copyright, trademark, and other laws and international treaty provisions and may not be used except as permitted in these Terms and Conditions or with the prior express written consent of Brand Cave Pty Ltd. Any unauthorized use by you of any Content or Marks may subject you to civil or criminal penalties. You are authorized to view, display, print and download Content and individual pages from the Site for personal, informational, and non-commercial use only (provided that you retain all copyright and other proprietary notices contained on those pages). You may not remove or modify any of the Content posted on the Site (nor any proprietary notices) and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. In the event you download software (including, but not limited to, screensavers, icons, videos or wallpaper) from the Site, the software, including, any files, images incorporated in or generated by the software, and data accompanying the software are licensed to you by Brand Cave Pty Ltd or its third-party licensor, but Brand Cave Pty Ltd does not transfer any title to you.
Accuracy of Information
Brand Cave Pty Ltd takes reasonable efforts to ensure that Content on this Site provided by Brand Cave Pty Ltd is complete, accurate and current. Despite Brand Cave Pty Ltd’s efforts, however, the information on this Site may occasionally be inaccurate, incomplete or out of date. Products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. Brand Cave Pty Ltd reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Brand Cave Pty Ltd also may require verification of information prior to the acceptance and/or shipment of any order.
Content, information, photographs, suggestions, questions, comments, communications, opinions and other materials published or posted by users accessing the Site (including, but not limited to, on community pages, message boards, chat rooms or other forums) (collectively “User Generated Content”) are solely the opinion and responsibility of the person posting that User Generated Content. Brand Cave Pty Ltd shall have the right, but no obligation, to review and monitor User Generated Content to determine compliance with these Terms and Conditions or any other operating rules established by Brand Cave Pty Ltd for this Site or to determine compliance with any laws or regulations. Brand Cave Pty Ltd only acts as a passive conduit for the distribution of User Generated Content and is not responsible or liable for any of the User Generated Content, communications and other materials generated by you or any other user, and reserves the right, but has no obligation, to reject, refuse to post, edit, alter or remove any posting of User Generated Content (including messages and comments posted to the Site). By displaying, publishing or posting User Generated Content, directly or indirectly, on or through the Site, you hereby grant to Brand Cave Pty Ltd, its parent and affiliate entities and those acting at their direction, a perpetual, irrevocable, royalty-free, worldwide license and right to use, modify, reproduce, publicly perform, publicly display, distribute and create derivative works from that material for any commercial and non-commercial purposes in any media, now known or hereafter created, as Brand Cave Pty Ltd may determine, in its sole discretion, without the need for any acknowledgment or compensation. By submitting User Generated Content, you represent and warrant that the content is your own original work and has not been published or distributed by any other person or entity, in any form and does not infringe or violate the copyright, trademark, trade secret or other personal or privacy rights of any person or entity.
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, defamatory, invasive of privacy, obscene, vulgar, profane, pornographic, harassing, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or that may otherwise give rise to civil liability or violate any law. You are further prohibited from using the Site to impersonate another person, user or Brand Cave Pty Ltd staff, employee, or representative, imply that any statements you make are endorsed by Brand Cave Pty Ltd, or post or transmit any material that could damage or disparage Brand Cave Pty Ltd or any of its affiliate entities in any manner. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
Disclaimer of Warranties, Limitation of Liability & Indemnification
The Site and all content is subject to change and is provided “as is” and without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, merchantability, fitness for a particular purpose and non-infringement, and Brand Cave Pty Ltd, its subsidiaries and affiliates, licensors and suppliers, disclaim all such warranties, to the fullest extent permitted by law. The information on the site is for general information purposes only and does not constitute advice. Brand Cave Pty Ltd does not represent or warrant that the content, information and/or features contained on the Site are accurate, complete or current; that the Site will be uninterrupted or error free; that any defects on the site will be corrected or that the site or servers that makes the site available are free of viruses or any other harmful components. Brand Cave Pty Ltd does not make any warranties or representations regarding the use of the content on the Site in terms of correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, and in each case, those warranties are disclaimed to the fullest extent permitted by applicable law. Your use of the Site is at your own risk. Neither Brand Cave Pty Ltd, its subsidiaries or affiliates, nor their respective officers, directors or agents, nor any other party involved in creating, producing or delivering the site will be liable for any direct, indirect, special, punitive, consequential or other damages arising out of or anyway connection with the use of, or the inability to use, the Site, the content or features on the site. You agree to indemnify, defend and hold harmless Brand Cave Pty Ltd, its parent and affiliate entities, and their respective employees, directors, officers and agents from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to any use by you of the Site or Content, your provision or use of any User Generated Content, any breach by you of these Terms and Conditions or any claim that you have violated a user’s privacy rights by posting, collecting or using Content about other users of the Site.
Applicable Law and Jurisdiction
To the fullest extent permitted by law, these Terms and Conditions shall be governed by the laws of Australia and New Zealand, and you agree to submit to the non-exclusive jurisdiction of the courts of thereof. You agree that any claim or cause of action arising out of or related to your use of the Site must be filed within one year after such claim or cause of action arose. If any provision of these Terms and Conditions shall be found to be void or unenforceable, the other provisions shall still remain in full force and effect. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How You Can Contact Us
If you have any questions, comments or complaints about the Site or any of our services, please contact Brand Cave Pty Ltd Customer Service during the hours of Monday-Friday 9am-5pm (AEST): Phone: +61 2 8599 7960 Email: email@example.com