You may not create a link to this website from another website or document without our prior written consent.
The owner of this website is The Hope Valley Treehouse Co Pty Ltd ACN 662 186 263.
We may, in our sole discretion, amend these Terms of Use at any time. By continuing to use the Site following any such amendments, you agree to the Terms of Use, as amended.
ORDERS: The goods and services available at the Site are only for sale to persons who can make legally binding contracts (and not persons barred from receiving services under any laws of Australia or other applicable jurisdiction). We give no undertakings as to the availability of goods and services advertised on the Site. Subject to these Terms of Use, you may offer to purchase goods or services described on the Site for the price specified on the Site. Your order must contain the order information specified on the Site, including your name, address and credit card details. We are not liable for any orders that go missing due to incorrect delivery information provided by you. We will at our discretion accept or reject your offer to purchase. Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you on dispatch. Further details regarding online orders, payment, shipping and delivery, viewing and changing your order and returns and refunds may be found at the Site and applicable terms and conditions referred to at the Site are incorporated into these Terms of Use by reference.
PRICES: Prices are in Australian dollars unless otherwise indicated. GST: Where a title is shipped from Australia, its price (including any applicable delivery and order charge) is inclusive of Australian goods and services tax. Where a title is shipped from outside Australia its price (including any applicable delivery and order charge) is exclusive of Australian goods and services tax. Where goods and services tax is required to be included, prices are inclusive of goods and services tax.
CANCELLATION DUE TO ERROR: You acknowledge that, despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a credit to your credit card account for the amount in question.
RESTRICTIONS ON USE: Without our prior written consent, you may only access the Site for your personal, non-commercial use. You are authorised to print a copy of any information contained on the Site for those purposes only, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our prior written consent on-sell information obtained from the Site. You must not engage in any conduct that restricts or inhibits any other user from using or enjoying the Site. You must not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site. You must not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You must not violate or attempt to violate the security of the Site, including, without limitation by accessing data not intended for you, including logging into a server or account which you are not authorised to access; attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without authorisation; using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; conducting a reverse look-up, tracing or seeking to trace any information on any other user or visitor to the Site, or any other customer of Dymocks, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal information, other than your own information, as provided for by the Site; taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to our systems or networks; disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede our ability to monitor or make available the Site; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”; or taking any action in order to obtain services to which you are not entitled.
COPYRIGHT: Copyright in the Site (including titles, text, graphics, logos, icons, sound recordings and software) is owned or licenced by us. Except as permitted by the Copyright Act 1968 (Cth) (and similar legislation which applies in your location) or expressly permitted by these Terms of Use, you may not adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or commercialise any information, products or services obtained from any part of the Site; without our prior written consent.
TRADE MARKS: The Site includes registered trade marks owned by us (or our licensors) and trade marks that may be the subject of applications for registration by us (or our licensors). You must not use any of our trade marks or company names or business names in or as the whole or part of your own trade marks or business name or company name; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including the Site). You must not authorise or assist any person to do any of the above.
PUBLIC DOMAIN: Some of the literary works offered on the Site may have been identified as being in the public domain by certain content providers. We do not verify the accuracy of public domain designations and are not liable for any damage that may result from the downloading or other use of such literary works by you. If you do not reside in the relevant jurisdiction for which the public domain designation has been made, it is your responsibility to check the laws of your country of residence prior to downloading or accessing such literary works.
MONITORING: We may monitor usage of the Site to determine compliance with these Terms of Use.
ACCESS: We may immediately terminate your access to the Site and/or delete your user account without notice. The disclaimer in these Terms of Use survives any such termination or deletion. You agree that your only right with respect to any dissatisfaction with the Site is to cease using the Site and to delete your account.
SPECIFIC WARNINGS: You must take precautions to ensure that the process which you adopt for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. To avoid doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with the Site or any linked website. We do not warrant the accuracy, adequacy or completeness of the information appearing on the Site, nor do we undertake to keep the Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of such information. You acknowledge that, despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or the Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
SECURITY OF INFORMATION: Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which is transmitted to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
DISCLAIMER: We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may suffer in connection with your use of the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site. We will not be liable to you for indirect or consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise arising from or connected to the Site or these Terms of Use. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is excluded. If legislation implies any condition or warranty, and that legislation voids or prohibits us from excluding or modifying any such term, that term will be deemed included in these Terms of Use. Nothing in this disclaimer is intended to limit or exclude any liability that cannot be lawfully excluded.
WARRANTIES: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Our liability to you in respect of goods purchased by you from the Site is limited, at our option, to one or more of the following: in the case of services, the resupply of the services; or the payment of the cost of resupply; and in the case of goods, the replacement of the goods; the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods); or the payment of the cost of having the goods repaired. To claim against the warranty above you must contact us by sending an email addressed to the following address: chelsanne.scharg@hotmail.com. The email must contain the following information: details of the goods purchased, the date that the goods were purchased, the receipt or transaction number for the purchase, your complaint, what you believe will resolve your complaint. Please make the claim under the warranty as soon as reasonably practicable after receiving the goods and we will investigate your claim within a reasonable time of receiving an email complying with the requirements above. You may be required to provide additional information and to send the goods back to us.
INDEMNITY: You agree that you will not use this Site for any unlawful purpose, or for any purpose prohibited by these Terms of Use. You agree to defend, indemnify and hold harmless The Hope Valley Treehouse Co Pty Ltd and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable legal fees) arising out of your use of the Site and/or your breach of these Terms of Use.
LIMITATION OF LIABILITY: In no event shall we or our partners or affiliates, or contributors to this Site, be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from your access or use of this Site. You hereby waive any and all such claims against us, our partners, affiliates, and contributors. You agree that the limitations set forth above are fundamental elements of this agreement, and that the site and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability.
LINKED WEBSITES: The Site may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on, those linked websites, unless and to the extent otherwise indicated. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.
THIRD PARTY CONTENT: Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective authors or distributors and not of The Hope Valley Treehouse Co Pty Ltd. In many instances, the content available through the Site represents the opinions and judgments of the respective content provider. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorised by The Hope Valley Treehouse Co Pty Ltd while acting in official capacities.
GOVERNING LAW: These Terms of Use are governed by the laws of Australia and/or South Australia. You submit to the exclusive jurisdiction of the Courts of Australia for federal matters and South Australia for State matters.
GENERAL: We accept no liability for any failure by us to comply with these Terms of Use where such failure is due to circumstances beyond our control. The non-exercise or delay in performance of a right under these Terms of Use does not constitute a waiver. If we waive any rights available to us under these Terms of Use on one occasion, it does not mean that those rights will automatically be waived on any other occasion. Headings in these Terms of Use are for convenience only and do not affect interpretation. If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.