Terms and Conditions of Use of Snug and Sound Website
Access to and use of this website located at snugandsound.com.au and any pages within that website, is provided by Snug and Sound, whose registered office is at 1/ 44 Borthwick Ave, Murarrie, QLD, 4172, Australia and is subject to the following terms and conditions.
Please read these terms and conditions carefully. They are important.
"We", “our” and "us" means the owner and operator of the website, Snug and Sound and "you" and “your” means the user, whether as an individual consumer or an advertiser/business.
1. Acceptance of Terms and Conditions of Website Use
1.1 By accessing, viewing or using this website ") or any material (including, without limitation, any Tools as defined below) provided or available from it ("Materials") regardless of how or on what device you access the website, you are deemed to have read, understood and agree to be bound by these terms and conditions and any other notices, policies and guidelines which appear on the website ("the Terms").
1.2 The Terms may be varied from time to time at our absolute discretion by publishing an updated version of the Terms which you agree to check regularly. By continuing to access, view and/or use the website, you will be deemed to have accepted the updated Terms and agree to be bound by them. If you do not agree to any of the Terms you should leave the website now.
1.3 We operate a business, listing products and services on the website and that, despite reasonable commercial endeavours, the data within the directory may not be fully exhaustive, accurate or current. We make no warranties or representations in relation to the availability or functionality of any facility on the website or the accuracy or completeness of any search results.
1.4 We reserve the right to modify, discontinue, or disable all or part of the website, on either a permanent or temporary basis, at any time.
1.5 The website is made available for personal use only. You may not use the website or the directory contained on the website for your own commercial purpose, including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use requires prior written approval from us.
1.6 All content on the website refers to all information, including but not limited to data, text, images and multimedia, that is displayed in a business listing on the website.
2. Terms of Website Use
2.1 You must not without express authorisation use any Materials on the website which is contrary to the Terms or which is unlawful, including but not limited to breaching intellectual property rights, linking to a listing in the website any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind or breach any laws of privacy/confidentiality.
2.2 Your permission to use the website terminates automatically if you breach any of the Terms and if that happens you must immediately destroy any copies made of the Materials.
a. You may not submit, transmit or otherwise create links to the website, or any other part of the website whether for automatic upload or otherwise, propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code in a way which:
I. tampers with, hinders the operation of, or makes unauthorised modifications to the website;
II. inhibits any other user from using the website; or
III. violates the security of the website or accesses any other unauthorised areas of the website.
2.3 The above may only be carried out with express written permission from Snug and Sound, and then only after they have been approved by us. When you access the website it will be under your correct name and you agree that you will not impersonate anyone.
2.4 You represent, warrant and undertake that you will not cause or permit anything to be done that may infringe, damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices, or do anything that compromises the security, stability of the website or the directory and any intellectual property rights of Snug and Sound.
2.5 You must not use the website in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email; or
2.6 You must not send automated queries of any kind to the website without our express written permission.
2.7 We may suspend or terminate your access to all or part of the website at any time if you breach the Terms in our reasonable opinion.
2.8 If you would like any information about permission to use material on the website, please call +61 7 3393 7300
3. Copyright and Trademarks
3.1 The literary, artistic and/or other forms of copyright or other intellectual property rights in the Materials and files, graphics, devices, code, links and all other aspects of it are either owned by us or by a third party that has licensed us. All database rights in the Materials for their selection or arrangement belong to us.
3.2 You agree that you will not copy, reproduce, adapt, save, distribute, republish, download, display, publicly perform, post or transmit in any form or by any means any Materials except that you may print out one copy of any part of the Materials for your own personal, non-commercial use only, provided you do not modify it or remove any copyright or proprietary notices. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the website without the copyright or trademark owners’ permission.
3.3 We reserve the right to use for our own purposes any material submitted to the website, including text and images, either on the website or in any other form, including for publicity purposes. We also reserve the right to monitor submissions to the website and to edit or reject any submissions. You may not submit materials which are inaccurate, misleading, defamatory, blasphemous or indecent.
3.4 The trademarks and logos ("the Trademarks") used and displayed on the website which refer to or identify our products are registered (and unregistered) trademarks of Snug and Sound and may not be used for any advertising or other publicity materials without our prior written consent. Any third party brand, product, service and company names contained on the website are the trademarks, service marks and trade names of their respective holders. Snug and Sound does not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders' rights.
3.5 All Materials on the website, protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Materials.
4. Privacy Policies
4.1 We will endeavour to take all reasonable steps to keep secure any information which we hold about you.
5.1 We may make available on the website products, utilities and tools for download or use ("Tools"). Such Tools are provided for your convenience only and we do not make any warranties or representations regarding the accuracy of any results or output produced by or derived from the use of any such Tools. You agree to use the Tools in accordance with the Terms and any other terms (if any) set out on our website from time to time relating to the Tools.
6.1 Snug and Sound is constantly seeking ways to improve the specification, design and production of its products and alterations take place continually. Whilst every effort is made to produce up to date products and specifications, the website and Materials should not be assumed to be an infallible or complete and up to date guide, nor does the website constitute an offer for the sale of any product or service. Merchants, distributors and dealers are not agents of Snug and Sound and have no authority to bind Snug and Sound by any express or implied undertaking or representation.
6.2 Although we have taken reasonable care to ensure that the information on the website is accurate, we provide the website and Materials on an "as is" basis and we make no warranty of any kind (expressed or implied) as to its content and performance or as to the accuracy, completeness, currency or reliability of the Materials and the website or any information contained on the website. In particular (but without limitation), we do not warrant or represent that the website or the Materials will be free from errors or perform without errors or that it is suitable for any particular purpose.
7.1 We do not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law (as incorporated in the Competition and Consumer Act 2010 (Cth) and equivalent State or Territory legislation) which cannot be excluded, restricted or modified. However, we otherwise exclude all rights, remedies, conditions and warranties in respect of goods or services provided through the website whether based in statute, common law or otherwise to the extent permitted by law.
7.2 Except as expressly stated in the Terms, to the extent permitted by law neither Snug and Sound nor any of its members or officers and employees or other representatives will be liable for damages or loss resulting from the use of the website and Materials (including, for the avoidance of doubt, any Tools). This applies to damages or loss of any kind including but not limited to direct, indirect, special or consequential loss or damages for loss of data, income or profit or claims from third parties.
7.3 We do not warrant the accuracy of the content on the website, including but not limited to any maps displayed on the website and any third party websites or resources. All Materials are provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the Materials and rely on it at your own risk. All Materials on the website may be changed and/or removed at our sole discretion and without notice.
7.4 We assume no responsibility and shall not be liable for any functions contained in the website Materials, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that we, or the server that makes it available, are free of viruses or bugs that may infect your computer equipment on account of your access to, use of, or browsing in the website.
7.5 Except as expressly stated in the Terms your sole remedy in the event of any failure is to discontinue your use of the website.
7.6 We do not limit our liability for death or personal injury to the extent only that it arises by our negligence or the negligence of our members, officers or employees.
7.7 We are not the agent of the advertisers and do not warrant that the goods and services provided by the advertisers are fit for purpose or of merchantable quality.
7.8 Liability of us, for any breach of a term or condition implied by law, or any statutory guarantee, is limited at our discretion, to the supply of any goods or service again or the payment for the cost of having any goods or service supplied again.
8.1 Any software downloads from the website (or through approved third parties providing download/purchase facilities) have been thoroughly scanned and tested at all stages of production, but we still recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your hard disk before using such software. We cannot accept responsibility for any disruption, damage and/or loss of data on your computer system that may occur while using such software.
9.1 Any hypertext link in the website which connects to another website is intended for the convenience of our users. We take no responsibility for the content of any website which may be linked to the website. Snug and Sound and its affiliated companies have not necessarily reviewed, do not necessarily endorse the content of, and accept no liability in respect of any information contained on any website that is referenced by a link from the website or which may be linked to the website. If you decide to access other websites through any such link, you do so at your own risk and will be bound by any terms and conditions of use which that other website may impose on its users. Any dealings you may have with any third party are your responsibility and Snug and Sound accepts no responsibility to assist in the resolution of any dispute which may ensue. Snug and Sound will not be liable for any loss or damage which you may suffer as a result of your dealings with any third party.
9.2 This website may include links to third party websites which are not related to us and in relation to which we have no control or interest. The appearance of those links on this website does not indicate any relationship between us and that third party which it is advertising on this website.
10.1 You agree to indemnify Snug and Sound and are liable to us and our officers, members, employees and agents, from and against any actions, damages, costs, penalties and liabilities, claims or demands relating to the use or alleged use of the Material and/or the website or omissions by you or by persons on your behalf or by reason of breach of the Terms. We will promptly provide notice to you of any such claim against us and shall reasonably assist you, at your expense, in defending any such claim.
11.1 We cannot be certain that all the Materials on the website at any time will comply with all laws of every country in the world and we cannot accept responsibility to you for any such non-compliance. Our product specifications vary from country to country and the website is designed for use by Australian customers only.
11.2 No variation to the Terms other than the variations notified by us shall be binding unless in writing and signed by us.
11.3 The Terms are governed by and to be construed under Queensland law and the parties submit to the non-exclusive jurisdiction of the Queensland courts and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
11.4 Any notice to be served on us under these Terms must be served personally by email to the owner at [email protected].
12.1 If any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding on all parties.