These Terms and Conditions (Terms) apply to your use of the Ngiilay Gift Boxes ABN 60 907 830 318 (Ngiilay Gift Boxes, we, us, our) website, which can be found at www.ngiilaygiftboxes.com.au (Website).
By using the Website, you agree to be bound by these Terms, and if you do not agree to these Terms, then you must not use the Website.
We may amend these Terms from time to time, without providing notice to you, by posting an updated version of the Terms on the Website. You should regularly check these Terms for any amendments. If these Terms are amended, you must comply with the updated Terms. If you do not agree to the updated Terms, you must immediately cease using the Website.
Capitalised terms used in these Terms are defined in the ‘Interpretation’ section at the end of the Terms.
All copyright and other intellectual property rights in the Website (including all trade marks appearing on the Website) are owned by us and/or our licensors.
You must not (and must not attempt to):
(a) use or copy any part of the Website without our prior written consent;
(b) distribute, translate, modify or tamper with, any part of the Website;
(c) create derivative works of or from any part of the Website;
(d) sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms; or
(e) permit or assist any person to engage in any act described in paragraphs (a) to (d) above.
You must provide your own internet access and Device in order to use the Website. You are responsible for all internet access, data download and other network charges arising from your use of the Website and you acknowledge and agree that we have no responsibility or liability for those charges.
You are responsible for the operation and maintenance of your Device and for ensuring that the Website is accessible from your Device, this includes but is not limited to a responsibility to ensure the installation of a compatible operating system for the operation and use of the Website on your Device.
We will use reasonable endeavours to generally make the Website available during our normal business hours. However, the availability of the Website depends on various third party suppliers of both you and us, and accordingly, we does not warrant or guarantee that:
(a) you will be able to use the Website at any time; or
(b) your use of the Website will be continuous, uninterrupted, secure or error-free.
You acknowledge and agree that the Website may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time for any reason, including if:
(a) any network connection difficulties occur;
(b) the systems providing those services are unavailable for any reason (including so that maintenance can be performed);
(c) you breach any of these Terms; or
(d) we decide to terminate your access to those services for any reason.
We make no guarantee as to the reliability or performance of the Website. The performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Website and the systems that support it.
The information available through the Website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Website is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate before using it.
You must not use (or attempt to use) the Website:
(a) for any unlawful or dishonest activity, or any activity prohibited by these Terms;
(b) to access, transmit, publish or communicate material which:
(i) is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful;
(ii) is xenophobic, racist, abusive, harassing or hateful;
(iii) is invasive of a person’s privacy or constitutes personal abuse directed at other users;
(iv) constitutes spam, commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation;
(v) contains a virus or other harmful code;
(vi) infringes a person’s copyright or other rights (including any other intellectual property rights); or
(vii) contains links to other sites that contain or promote the material identified in paragraphs (i) to (v) above;
(c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
(d) to transmit, publish or communicate bulk and/or unsolicited messages;
(e) in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website; or
(f) in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party.
We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms, and you must immediately comply with any such request. We may immediately terminate and block your access to the Website or the services provided by the Website for any reason, in our discretion.
To use the Website and its features as intended, you must:
(b) grant it any other permissions and access to your Device that it requires from time to time.
If you do not grant these permissions and this access, you may be unable to use the Website or some of its features.
The Website uses the internet to provide services and information. By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.
We do not warrant or guarantee the security of the Website. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.
You acknowledge and agree that your access to, and use of, the Website is at your own risk.
To the extent permitted by law, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).
We exclude all responsibility and liability arising from or in connection with your use of the Website, including, without limitation:
(a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and
(b) any other Losses.
We reserve the right to:
(a) suspend your use of, or withdraw, the Website and/or any of its features or components; and
(b) add to, amend, remove, or disable access to, any part of the Website and/or any of its features or components,
in each case at any time and for any reason, without notice to you.
If requested by us, you must immediately:
(a) cease use of the Website; and/or
(b) destroy, expunge, disable or restrict access to any information from the Website that you have printed or downloaded, and any information derived or generated from that information.
We do not waive a right, power or remedy in connection with these Terms if we fails to exercise or delay in exercising the right, power or remedy.
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.
In these Terms:
(a) Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time;
(b) Device means your own internet-enabled device that is compatible with the Website and has a current and working internet connection;
(c) Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning; and