Terms and Conditions of Use

Website Terms and Conditions of Use


1.     Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Diary Shop Website located at www.diaryshop.com.au (the “Website”) and all associated websites linked to the Website.

The Website is owned and operated by Collins Debden Pty Ltd ABN 42 005 173 839 (“Collins Debden”, “we”, “our” or “us”) for the benefit of individuals and entities interested in Collins Debden’s good and services.

Please read these Terms of Use prior to purchasing any goods from and/or using our service.  By using the Website, you agree to these Terms of Use. If you do not agree to the Terms of Use, Collins Debden request that you do not use the Website.  

 

2.     Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other intellectual property (collectively known as “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Collins Debden, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and competition laws.

Collins Debden does not, nor does any other party who provides Content to this Website make any warranty as to the accuracy, completeness or currency of the Content. As a user of this Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, Collins Debden and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Collins Debden’s express prior written consent.

Collins Debden and each party providing Content to the Website are limited in its liability to the extent permitted by law, to the resupply of the Content. Collins Debden does not accept responsibility for any liability in respect of access to other content through the use of this Website.

 

3.     Your Use of the Website

While utilising our Website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Collins Debden reserves its right to bar individuals thought to be conducting such activity.

You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Collins Debden server, or to any other services offered on or through the Website by hacking or any other illegitimate means.

You may not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

You may not trace or seek to trace any information of any user or customer of Collins Debden, including any Collins Debden account not owned by you to its source. You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or Collins Debden’s systems or networks, or any systems or networks connected to the Website or to Collins Debden.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Collins Debden on or through the Website or any service offered on or through the Website. You may not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Collins Debden or others.

 

4.     Purchases; Other Terms and Conditions

Additional terms and conditions may apply to the purchase of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this paragraph.

You agree to abide by such other terms and conditions, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall have authority with respect to your use of that portion of the Website or the specific service.

 

5.     Confidentiality

Collins Debden does not guarantee that your use of this Website will be confidential. Collins Debden is not responsible for any loss or damage that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this Website.

 

6.     Privacy

All personal information obtained by using the Website is governed by Collins Debden’s Privacy Policy[RF1] . By using the Website you agree with Collins Debden’s Privacy Policy. If you do not agree to Collins Debden’s Privacy Policy, you should not provide your personal information to Collins Debden when using the Website.

Upon accepting these Terms of Use and the Privacy Policy you agree that the personal information collected may also be used to promote and inform you on other Collins Debden’s  products and services, which may interest you. You may notify us at any time that you no longer wish to receive any direct marketing by email: [insert email address].

 

7.     Links to other Websites and to the Collins Debden Website

This Website may contain links to other independent third-party Websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under Collins Debden’s control, and Collins Debden is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.

 

8.     Security

Collins Debden shall take all reasonable steps to ensure the security of your personal information.

Collins Debden notes further that some components of the Website require an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account.

Collins Debden is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures. Collins Debden requests that you promptly report to it any unauthorised use of the password

9.     Disclaimers

Collins Debden make no representations or  warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on the Website. You agree that you use the Website us at your own risk.

 

 Collins Debden reserves the right to do the following, at any time, without notice:

(i)     modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;

(ii)    modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and

(iii)   to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.


10.   Indemnity

To the full extent permitted by law, you agree to indemnify Collins Debden and keep Collins Debden indemnified from and against any liability and any loss or damage Collins Debden may sustain, as a result of any breach, act or omission, arising directly or indirectly of these Terms of Use by you or your representatives.


11.   Liability

Collins Debden’s liability is limited, to the extent permissible by law and at its option, to:

(i)             in relation to products:

(a)   the replacement of the products or the supply of equivalent products;

(b)   the repair of the products;

(c)    the payment of the cost of replacing the products or of acquiring equivalent products; or

(d)   the payment of the cost of having the products repaired.

(ii)            where the products are services:

(a)   the supply of service again; or

(b)   the payment of the cost of having the services supplied again.

 

To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms of Use are excluded and Collins Debden is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:

(i)     any increased costs or expenses;

(ii)    any loss of profit, revenue, business, contracts or anticipated savings;

(iii)   any loss or expense resulting from a claim by a third party; or

(iv)   any special, indirect or consequential loss or damage of any nature whatsoever caused by Collins Debden's failure to complete or delay in completing the order to deliver the goods.

 

Collins Debden is not responsible and accepts no liability for loss or damage arising from Website failures or downtime or any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.


12.   Applicable Law

The Website (excluding any linked third party Websites) is controlled by Collins Debden. By accessing this Website, you accept that any disputes about this Website or the Content are to be determined by the Courts having jurisdiction in New South Wales (“NSW”) in accordance with the laws in force in NSW (subject to the application of any principal of conflict of laws inconsistent with this requirement).

No waiver of any of these Terms of Use or failure to exercise a right or remedy by Collins Debden will be considered to imply or constitute a further waiver by Collins Debden of the same or any other term, condition, right or remedy.

Although this Website can be accessed throughout Australia and overseas, Collins Debden does not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.