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| Terms and Conditions |
Definitions
1. ‘Access Date’ means the date access and or use of the website is granted.
‘Confidential Information’ means information that is by its nature confidential but does not include:
(a) information already known to the receiving party at the time of disclosure by the other party; or
(b) information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under this agreement
‘End Date’ means the date on which access and or use of the website is ended.
‘GST’ means:
(a) the same as in the GST Law;
(b) any other goods and services tax, or any tax applying to this transaction in a similar way; and
(c) any additional tax, penalty tax, fine, interest or other charge under a law of such a tax.
‘GST Law’ means the same as GST law in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
‘Intellectual Property’ means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.
‘Moral Right’ means:
(a) a right of attribution of authorship;
(b) a right not to have authorship falsely attributed;
(c) a right of integrity of authorship; and/or
(d) a right of a similar nature, which is conferred by statute, and which exists or comes to exist anywhere in the world, in a deliverable under this Agreement.
‘Nominated Purpose’ means the purpose for which the Customer is permitted to use the System as set out herein.
‘
Nominated Users’ means the persons identified herein and as approved by the Customer, as updated from time to time.
‘System’ means the information technology systems of Nina Kay as set out herein.
‘Term’ means the period from the Access Date until the End Date unless the document is terminated earlier than or extended beyond the End Date in accordance with the terms of this Agreement.
‘Terms of Use’ means the terms and conditions of access provided in substantially the same form as herein.
Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders.
Headings are for ease of reference only and shall not affect the interpretation of this agreement.
Terms of use
1.1 By accessing and or using this website you accept and agree to be bound by the terms and conditions of use. If you do not accept or agree to these terms and conditions of use, then you must immediately cease to access and or use this website.
1.2 We may unilaterally change the terms and conditions of access and or use of this website at any time. In which case such changes to the terms and conditions of access and or use shall be immediately made to this agreement and you shall be bound by the amended conditions and terms as aforesaid.
Duration
2. This Agreement will commence on the Commencement Date and will continue in effect for the period stated in the schedule or until otherwise terminated under this Agreement whichever is the earlier.
Intellectual Property
3. You agree that all intellectual property remains in the website owners, and that you access and use the website on this essential condition. You access and use is restricted to your private use and you may not distribute it, reproduce it, publish it, broadcast, copy, download, post, transmit, adapt , alter or create another work from the website or make available for commercial use in any manner whatsoever without the prior written consent of the website owners.
Access to System
4. (1) The Nina Kay grants to the Customer the right to access and use the System for the duration of this Agreement for the Nominated Purpose on the terms set out in this Agreement.
(2) In granting access to the Customer, that Nina Kay will:
(a) verify the identity of any other person applying to be registered as an authorised user;
(b) verify that any other person seeking to become an authorised user is entitled to have access the System;
(c) maintain the currency of registered authorised users; and
(d) ensure that the access rights of other authorised users are reviewed at regular intervals.
Customer Obligations
5. (1) The Customer will:
(a) only use the System for the Nominated Purpose;
(b) not use the System for any activity which is obscene, indecent, offensive or defamatory;
(c) refrain from tampering with, hindering the operation of or making unauthorised modifications to the System; including adapt, alter or create another work from the website;
(d) refrain from any non private or commercial use
(e) refrain from introducing any virus to or from the System;
(f) refrain from changing any administration settings on any part of the System;
(g) refrain from connecting the System to any other network including the Internet;
(h) refrain from collecting information about others, including email addresses;
(i) refrain from damaging or modifying the Equipment;
(j) refrain from using any part of the System to send commercial electronic messages in contradiction of the Spam Act 2003 (Cth);
(k) keep all passwords, account names, tokens or log in identifications required to access the System secure and confidential;
(l) refrain from uploading onto the System any material, or use the System in any way:
(i) which infringes the Intellectual Property Rights of any person; or which infringes the rights of access and or use of another person, or harass or distress or inconvenience any transmission to another person or to distribute obscene or offensive content or disrupt the usual flow of information to the website.
(ii) which is unlawful or violates any law.
(2) The Customer agrees to comply with all policies notified in writing by the Supplier to the Customer from time to time.
Nominated Users of the Customer
5. The Customer may at any time during the Term appoint new, additional or replacement Nominated Users under this Agreement if:
(a) the Customer provides notice in writing to the Supplier of the Nominated Users;
(b) the Nominated Users are employees or contractors of the Customer; and
(c) the Customer procures that all Nominated Users accept and comply with the terms of this Agreement.
Availability
6. The website content i.e. information, products, colours designs and styles of products and or services are available as at the date of transmission, however, the customer acknowledges that these may not be available as at the date of order and the customer shall not make any claim for non delivery, nor for variation between the sample proved and that may be delivered, nor does Nina Kay make any representation about the fitness for purpose of its products.
Restriction of Liability
7. The Customer acknowledges and agree that Nina Kay will not be responsible for any resultant damage or loss whether foreseeable or unforeseeable occasioned by the breach of any of these conditions and terms including, but not limited to, any loss of data, loss of profit, loss of income, loss of good will or loss of business arising out of or in connection with its use and are not liable.
Waiver
The Customer acknowledges that Nina Kay makes no representation or otherwise that the website is free of viruses, or bugs and the Customer shall make no claim for any loss or damages arising as a result thereof.
Indemnity
You will at all times indemnify and keep indemnified Nina Kay and its respective officers, employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.
Relevant Jurisdiction
If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
This Agreement will be governed by and interpreted in accordance with the law of the State of Victoria, without giving effect to any principles of conflicts of laws.
You agree to the jurisdiction of the courts of the Victoria to determine any dispute arising out of this Agreement.
Transaction currency statement
This is to confirm that all prices quoted on the Nina Kay website are quoted in Australian dollars and that all transactions are conducted in Australian dollars.
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