Terms of Use

LAST UPDATED:  19 April 2019

 

This website is owned and operated by Frog In A Sock Pty Ltd (trading as The Ten Tenors) and Dmand Pty Ltd (“We” or “Us” depending on context).

Your access to this website is conditional upon your acceptance of, agreement to and compliance with with these terms and conditions.

For the avoidance of doubt, your use and access to this website constitutes your acceptance and agreement to the terms and conditions.

These terms and conditions apply to the use of this website by wireless means, including mobile telephone and other devices in use now or in the future.

 

Privacy

Our Privacy Policy is incorporated into these terms of use and you accept and agree to those terms.

 

Intellectual Property Rights

The content on this website, including copyright works, text, material, images, graphics, advertisements, databases, sound recordings, films, animation, downloads, streaming audio and streaming video (collectively, “Content”) is the copyright of Us and/or our licensors.

You agree not to modify, adapt, copy, reproduce, communicate, transmit, make available, republish, print, commercialise, upload or otherwise distribute the Content in any way except as expressly permitted by Us.

You may, using an industry standard web browser, temporarily download and view the Content for your personal, non-commercial use but only in the course of browsing the website.

We do not permit the use of any of our or our licensors’ trade marks.

We do not warrant, guarantee or accept responsibility for the accuracy or completeness, from time to time, of any Content for any purpose. Subject to any statutory provision which may not be excluded by law, We will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any Content or it publication, including any action for copyright infringement, trade mark infringement or defamation.

 

Links to and from third party Websites

You must not link to this website without first obtaining our prior written consent.

We may contain links or references to internet websites operated by third parties. These links are provided as a courtesy and must not be interpreted in any way as an endorsement of any third party site.  We do not control nor are we responsible for the content of third party sites. We accordingly make no representation or warranties and accept no responsibility for the accuracy, completeness, content or use of information from Third Party Sites.

 

Exclusions and Limitations of Liability

We exclude all rights, remedies, conditions and warranties in respect of goods, services and the website arising under law or statute, save those rights and remedies which cannot be excluded, restricted or modified at law, including under the Australian Consumer Law. To the fullest extent permitted:

  1. We make no warranties, express or implied, regarding the Content or any goods and services including the delivery of the website or Content is free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired;
  2. We will not be liable for any indirect, incidental, punitive and/or consequential damages, loss of profits and or income, loss or corruption of data, loss of use, bargain or opportunity, claims of third parties, or other losses of any kind which result from any use or access of or any inability to use or access website or any Content, or any product or service, even if We have been advised of the possibility of such damages or losses;
  3. You agree to limit any and all liability of Us to the replacement of the good or service or the purchase price of same;
  4. We are not liable to you or anyone else in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of the website or a third party website.

 

Variation

We may vary, amend, change or update these terms and conditions at any time. Any amendments become effective on posting. You agree to be bound by these variations by continuing to use the site after the posting of the amendments. Accordingly, you should periodically refer back to these terms and conditions.

 

Jurisdiction

This Agreement will be construed in accordance with the law of Queensland and the parties submit to the exclusive jurisdiction of the Queensland courts notwithstanding the domicile or residence of any party of the occurrence of any act, matter or thing outside of Queensland.

 

Severance

If any provision of this Agreement is, for any reason, considered or found by a court of competent jurisdiction or any competent government authority to be invalid, illegal or unenforceable, that provision is to be severed from the remainder of the provisions of this agreement and will be deemed never to have been part of this Deed.  The remainder of the provisions of this agreement will remain in full force.

 

Waiver

The failure of either party to exercise any right arising as a result of a breach by the other will not waive that right, nor will any practice developed between the parties waive or lessen their rights under this Agreement.

 

Assignment

We may assign our rights under this agreement in whole or in part to any person at our absolute discretion.

 

Termination/violation

This agreement is effective until terminated by Us at our absolute discretion without prior notice.

We may terminate your access to the website without prior notice if you breach or are in breach of these terms and conditions. You agree that the termination of your access to the website does not effect the restrictions imposed on you, licences granted by you nor does it effect any and all disclaimers and limitations of liabilities contained in these terms and conditions.

 

Indemnity

You indemnify us, our licensees and/or assignees in respect of any claims, loss, damage or costs (including legal costs on an indemnity basis)  arising from or in connection with any breach or alleged breach by you of these terms and conditions or any other legal obligation.

 

Information or Complaints

If you have a question or complaint regarding the Site, please feel free to contact us via e-mail at  info@dmand.com.au.