Service Terms
YourGood.com.au/Landlocked Designs
(which we may call "YG", "Us" or "We")
Effective Date: October 11, 2006
G'day and welcome to the YoureGood.com.au/Landlocked Designs web site, (lets call it the "Site"). Before you use the Site please read the following basic terms that regulate your use of the Site. These terms describe your rights and responsibilities and what you can expect from the YoureGood.com.au/Landlocked Designs Service. (lets call them the "S.T" or "Service Terms") If you use the Site, it means that you agree to follow the Service Terms and be bound by them. We'll call this "the Agreement".
General
We may from time to time change the Service Terms here that govern your use of the Site. If any of those changes are not acceptable to you, your only recourse is to not use the Site and the Services of YoureGood.com.au/Landlocked Designs. Your continued use of the Site following any such change will represent your agreement to follow and be bound by the rules as changed. We may add, subtract, change, move or delete portions of the Site from time to time including, but not limited to, content and equipment and/or software needed for access or use. If we do that we will post the new Service Terms (as changed) on the Site.
The YoureGood.com.au/Landlocked Designs Service.
YoureGood.com.au/Landlocked Designs provides a number of Internet-based services through the Site. (All these services we'll call, collectively, the "Service" or "Services"). YoureGood.com.au/Landlocked Designs users ("Users") may purchase individual Products for their own use only. Merchants of YG ("Merchants") may buy Products from the Site to on-sell, but in buying those Products do not buy the Intellectual Property of YoureGood.com.au/Landlocked Designs, either in those Products or at all. In other words, a Merchant has no right to copy, produce or reproduce any material from, or pertaining to be from, or associated with YoureGood.com.au/Landlocked Designs whatsoever. (See also the relevant Terms noted below including Intellectual Property Rights Policy.) YoureGood.com.au/Landlocked Designs allows all Users and Merchants to browse the Site and purchase Products from it. YoureGood.com.au/Landlocked Designs may offer a number of other services on its Site, such as newsletters, which may change from time to time at our complete discretion.
Use of the Web Site and YoureGood.com.au/Landlocked Designs Service.
Eligibility.
YoureGood.com.au/Landlocked Designs only offers to provide the Services to parties that can lawfully enter into and form contracts under applicable law. By using this Site and accepting these Service Terms Users and Merchants warrant that they are legally capable of entering into valid contracts according to law. YG's Services are not intended for children under the age of 13. If you are under the age of 18, but at least 13 years of age, you may use the YG's Services only under the supervision of a parent or legal guardian who agrees to be bound by these Service Terms
Compliance with Service Terms and Applicable Law.
When you use this Site and/or YG's Services you agree to be bound by and comply with all of these Service Terms, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules.
Your License to Use the Site and the YoureGood.com.au/Landlocked Designs Service.
(a) YoureGood.com.au/Landlocked Designs solely and exclusively owns all intellectual property and other rights, title and interest in, to and associated with the YoureGood.com.au/Landlocked Designs Services and Site whatsoever, except as expressly provided for in these Service Terms. For example and without limitation, YoureGood.com.au/Landlocked Designs owns the copyrights in, to and associated with the Site. You will never acquire any such right, title or interest whether under these Service Terms or otherwise whatsoever.
(b) YoureGood.com.au/Landlocked Designs grants you a limited license to access and use the Site and the Services only for the purposes which they are intended. YG can revoke that licence at any time and for any reason whatsoever,The validity and currency of this licence depends upon your compliance with these Service Terms (in other words, this licence is immediately revoked if you don't comply with these Service Terms). This license does not give you the right to use or collect information contained on the Site for purposes that YoureGood.com.au/Landlocked Designs have prohibited; for purposes that the Service that YG does not intend them to be used for; to compete with YoureGood.com.au; to create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this S.T, YoureGood.com.au/Landlocked Designs may revoke the license granted to you.
Third-Party Services
YoureGood.com.au/Landlocked Designs may use third parties to provide certain services accessible through the Site (eg Paypal, and XE.com) (lets call them "Third Party Services"). YoureGood.com.au/Landlocked Designs does not control those third parties or their services, and does warrant or guarantee the Third Party Services whatsoever. You agree that YoureGood.com.au/Landlocked Designs will not be liable to you in any way for your use of any Third Party Services. These third parties may have their own terms of use and other policies that apply to the use of their services. You must comply with such terms and policies as well as these Service Terms when you use the Third Party Services. If any such terms or policies conflict with YG's Service Terms, agreements or policies, then YG's Service Terms, agreements or policies, as applicable, override those terms and policies and you must comply with them.
General Rules.
Prohibited Use.
You may only use the YoureGood.com.au/Landlocked Designs Service as expressly permitted by YoureGood.com.au/Landlocked Designs. You may not cause harm to the Site or the YoureGood.com.au/Landlocked Designs Services. Specifically, but not by way of limitation, you may not: (i) interfere with the YoureGood.com.au/Landlocked Designs Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the YoureGood.com.au/Landlocked Designs Services; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the YoureGood.com.au/Landlocked Designs Services; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms or the like whatsoever that contain YoureGood.com.au/Landlocked Design's name or trademarks; (vii) engage in any activity that interferes with the ability of any other User or Merchant to use or enjoy the YoureGood.com.au/Landlocked Designs Services; or (viii) assist or encourage any third party in engaging in any activity prohibited by these Service Terms.
Privacy Policy
By accepting these Service Terms you agree to YoureGood.com.au/Landlocked Design's collection, use and disclosure of your personal information in accordance with the Privacy Policy (click link in left Navigator).
Ordering Policies
If you purchase Products, you agree to do so in accordance with YoureGood.com.au/Landlocked Designs's Delivery Policy (click Delivery link in left or Right Navigator)
Accuracy of Colours
While we have made every effort to display as accurately as possible the colours and/or graphics of the Products that appear on the Site, we cannot guarantee that your monitor's display of any colour and/or graphic will be accurate. The colours you see will depend on your monitor and may be different from the actual colours of our Products. You agree that YG will not be liable to you or any other person (whether for damages, return of merchandise for credit, or otherwise whatsoever) as a result of any variances between the appearance of colours and/or graphics displayed on your monitor and on any Products bought by you.
Duties, Taxes and Licenses
All duties, taxes and licenses incurred while shopping at YoureGood.com.au/Landlocked Designs are the sole responsibility of the relevant User or Merchant, as the case may be. YoureGood.com.au/Landlocked Designs cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses.
Ancillary Computer Equipment and Services<
You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site, using the Services or buying Products.
Legal Compliance
You will only use YoureGood.com.au/Landlocked Designs for lawful purposes, and will not do so for any unlawful purposes whatsoever. You shall not transmit through YoureGood.com.au/Landlocked Designs any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. We reserve the right, at our sole discretion and for any reason whasoever, to refuse to produce or supply any Products and/or to terminate your access to YoureGood.com.au/Landlocked Designs, the Site and/or the Services for any breach of this provision or any other provision of these Service Terms.
Reservation of Rights.
Monitoring.
YoureGood.com.au/Landlocked Designs reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If YoureGood.com.au/Landlocked Designs determines (which it may do at its sole and absolute discretion) that you or another YoureGood.com.au/Landlocked Designs User or Merchant will or may breach a term or condition of these Service Terms, or that such transaction or communication is inappropriate, then YoureGood.com.au/Landlocked Designs may cancel such transaction or take any other action it sees fit to restrict access to, or the availability of, any material that may be considered objectionable, without any liability to you or any third party.
Modification of the Service.
YoureGood.com.au/Landlocked Designs may modify the YoureGood.com.au/Landlocked Designs Services at any time with or without notice to you, and will incur no liability for doing so.
Submissions.
When you submit questions, comments, suggestions, ideas, material submitted via web forms, communications or any other information ("Submissions"), you grant YoureGood.com.au/Landlocked Designs permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that YoureGood.com.au/Landlocked Designs will have no obligation to keep any Submissions confidential. You will not bring a claim against YoureGood.com.au/Landlocked Designs based on "moral rights" or the likes arising from YG's use of a Submission.
Representations and Warranties.
Mutual Representations and Warranties.
Both you and YoureGood.com.au/Landlocked Designs represent and warrant to each other that: (i) you both have the full power and authority to accept and comply with these Service Terms, and to enter into valid and binding contracts, (ii) any such acceptance or compliance with, or adherence to any obligations in, these Service Terms does not and will not in the future constitute a breach of, or conflict with, any other agreement or arrangement by which either you or YG is bound, and (iii) these Service Terms are legal, valid and binding upon both you and YG, and are enforceable by either you or YG.
Your Representations and Warranties.
You represent and warrant to YoureGood.com.au/Landlocked Designs that, in your use of the Site and/or the Services, you will comply with, adhere to and in all respects observe all applicable laws, rules, and regulations.
Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES.
YOUREGOOD.COM.AU/LANDLOCKED DESIGNS PROVIDES THE SITE AND THE YOUREGOOD.COM.AU/LANDLOCKED DESIGNS SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUREGOOD.COM.AU/LANDLOCKED DESIGNS DOES NOT REPRESENT OR WARRANT THAT THE SITE, OR ITS AVAILABILITY OR USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS OR REQUIREMENTS OF ANY USERS OR MERCHANTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUREGOOD.COM.AU/LANDLOCKED DESIGNS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE SERVICE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
EXCLUSION OF DAMAGES.
YOU AGREE THAT YOUREGOOD.COM.AU/LANDLOCKED DESIGNS WILL NOT BE LIABLE TO YOU, ANY USER OR MERCHANT OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE YOUREGOOD.COM.AU/LANDLOCKED DESIGNS SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU WILL NOT HOLD, OR ATTEMPT WHATSOEVER TO HOLD, YOUREGOOD.COM.AU/LANDLOCKED SERVICES LIABLE FOR ANY SUCH DAMAGE WHATSOEVER.
Limitation of Liability.
LIMITATION OF LIABILITY.
EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE SERVICE TERMS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE SERVICE TERMS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE SERVICE TERMS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOUREGOOD.COM.AU/LANDLOCKED DESIGNS TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100 AUD.
Indemnification.
You must indemnify and hold harmless YoureGood.com.au/Landlocked Designs and its employees, representatives, agents, affiliates, directors, officers, managers (the "the YGees") from any damage, loss, or expense (including without limitation, attorneys' fees and costs) howsoever arising out of or associated with your use of the Site or the Services, including but not limited whatsoever to any damage, loss or expense incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the YGees in relation to any allegation whatsoever that you have failed to comply with, or have breached, any of these Service Terms through any act or omission whatsover. If you have to indemnify YoureGood.com.au/Landlocked Designs under this Section, YoureGood.com.au/Landlocked Designs will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without YoureGood.com.au/Landlocked Design's express written permission.
Termination.
Termination.
YoureGood.com.au/Landlocked Designs may suspend or terminate your access to or use of the Site or the Services if it believes and/or determines (which is at its sole and absolute discretion) that you have breached these Service Terms in any manner whatsoever.
Survival.
Notwithstanding anything contained elsewhere in these Service Terms, these Service Terms will survive indefinitely, and unless and until YoureGood.com.au/Landlocked Designs determines that they will no longer apply.
Effect of Termination.
If you or YoureGood.com.au/Landlocked Designs terminates your access to or use of the Site or the Services, YoureGood.com.au/Landlocked Designs may delete any Content or other materials relating to your access to or use of the Site, or the Services on YoureGood.com.au/Landlocked Design's servers or otherwise in its possession, and YoureGood.com.au/Landlocked Designs will have no liability whatsoever to you or any third party for doing so.
Notice.
All notices required or permitted to be given under these Service Terms will be in writing and delivered to the other party by any of the following methods: (i) Australia Post (ii) overnight courier, or (iii) electronic mail. If you give notice to YoureGood.com.au/Landlocked Designs, you must use the following addresses: PO Box, 817 Edmonton 4869 QLD or nadege@youregood.com.au. If YoureGood.com.au/Landlocked Designs gives notice to you, YoureGood.com.au/Landlocked Designs will use the contact information provided by you to YoureGood.com.au/Landlocked Designs. Unless proven otherwise, all notices will be deemed received as follows: (i) if by delivery by Australia Post mail, at the time that such delivery would be effected in the ordinary course of the mail and in any event within seven (7) business days after posting by the sender, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
Governing Law
The Site is created and controlled by YoureGood.com.au/Landlocked Designs in the State of Queensland, Australia (otherwise referred to as "Paradise on Earth"). The laws of the State of Queensland and Australia will govern all terms, conditions and disclaimers on the Site, including these Service Terms, without giving effect to any principles of conflicts of laws.
Dispute Resolution.
All disputes arising out of, relating to or connected with these Service Terms or your use of any part of the Services or the Site will be exclusively resolved under confidential and binding arbitration held in the Region of Cairns, Queensland, Australia before and in accordance with the Rules of the Australian arbitration system, by a sole arbitrator applying Queensland and/or Australian Federal Law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these S.T will be joined to an arbitration involving any other party subject to these S.T, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a Federal or State court located in the Cairns Region, of Queensland. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Queensland State courts in Cairns. By entering into these S.T, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these S.T or your use of any part of the YoureGood.com.au/Landlocked Designs Service must be asserted individually. Notwithstanding anything to the contrary in this Section, YoureGood.com.au/Landlocked Designs may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
Miscellaneous.
These Service Terms will be binding upon each party hereto (you and YG) and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Queensland, Australia without reference to conflict of law principles. These Service Terms will not be assignable or transferable by you without the prior written consent of YoureGood.com.au/Landlocked Designs. These Service Terms (including all of the policies and other Agreements described in these Service Terms, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Service Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and YoureGood.com.au/Landlocked Designs are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by, or in relation to or connection with these Service Terms whatsoever. The invalidity or unenforceability of any provision of these Service Terms will not affect the validity or enforceability of any other provision of these Service Terms, all of which will remain in full force and effect. Any such invalid or unenforceable provision will be severed from these Service Terms, and these Service Terms will be read, and operate, without any reference to any such provision whatsoever.
Intellectual Property Rights Policy
Copyrights, Trademarks and other Intellectual Property Rights
Unless stated otherwise by YG, the Site, all materials (including but limited to images, illustrations, designs, icons, photographs, and written and other materials) that are part of the Site ("the Materials"), and all intellectual property existing in them whatsoever (including but not limited to copyrights, trademarks, trade dress) "YG's IProperty" are owned, controlled and licensed by YoureGood.com.au/Landlocked Designs. And may not be dealt with, exploited or used in any manner whatsover by any other party for any other purpose unless specifically agreed to in writing by YG before any such dealing, exploitation and/or use. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by YoureGood.com.au/Landlocked Designs.
All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited.
The Materials and YG's IProperty on the Site, and the Site as a whole, are intended solely for personal, non-commercial use. You may cache, download or copy the downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Materials on the Site, the Site as a whole, or any related software without the prior written permission of YoureGood.com.au/Landlocked Designs . Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written permission of YoureGood.com.au/Landlocked Designs.
User Comments, Feedback and other Submissions
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to YoureGood.com.au/Landlocked Designs or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain YoureGood.com.au/Landlocked Designs 's property. Such disclosure, submission or offer shall constitute an assignment to YoureGood.com.au/Landlocked Designs of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other submissions.
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