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TERMS OF USE
This Web Site is owned and operated by Devine
Gift Baskets and Flowers
(A.B.N. 70 523 003 855)
Use of this Web Site is subject to the Terms of
Use.
Devine Gift Baskets and Flowers is not liable to
you or any other for any loss in connection with the use of this Web Site or a
Linked Web Site. This general disclaimer is not restricted or modified by any of
the following specific warnings and disclaimers. Please read the full Terms of
Use.
Please note: Devine Gift Baskets and Flowers
reserves the right to amend the Terms of Use at any time. However, since you are
bound by these Terms of Use you should periodically refer to them.
DISCLAIMER OF LIABILITY
General Disclaimer
We are not liable to you or anyone else for any Loss in connection with use of
this Web Site or a Linked Web Site.
This general disclaimer is not restricted or
modified by any of the following specific warnings or disclaimers. Specific
Warnings and Disclaimers The Trade Practices Act and similar State and Territory
legislation in Australia may confer rights and remedies on you in relation to
the provision by us of goods or services on the Web Site, which cannot be
excluded, restricted or modified.
We do not exclude these rights but do exclude all
other conditions and warranties implied by custom, law or statute.
We are not liable to you or anyone else if
interference with or damage to your computer systems occurs in connection with
use of this Web Site or a Linked Web Site.
You must take your own precautions to ensure that
whatever you select for your use from this Web Site is free of viruses or
anything else (such as worms or trojan horses) that may interfere with or damage
the operations of your computer systems.
We do not warrant that your access to the Web
Site will be uninterrupted or error free or that any defects will be corrected.
We may, from time to time, change or add to this
Web Site (including these Terms of Use) or the information, products and
services without notice. However, we do not undertake to keep this Web Site
updated.
We are not liable to you or anyone else if errors
occur in the information on this Web Site or if that information is not
up-to-date. Under no circumstances (including but not limited to any act or
omission on the part of Devine Gift Baskets and Flowers) will Devine Gift
Baskets and Flowers be liable for any indirect, incidental, special and/or
consequential damages or loss of profits whatsoever which result from any use or
access of, or any inability to use or access, the Web Site.
To the fullest extent permitted by law, Devine
Gift Baskets and Flowers liability for breach of any implied warranty or
condition which cannot be excluded is limited at the option of Devine Gift
Baskets and Flowers to the following: 1. In the case of services supplied or
offered by Devine Gift Baskets and Flowers,
(i) the supply of the services again, or
(ii) the cost of having services supplied again;
and 2. In the case of goods supplied or offered by Devine Gift Baskets and
Flowers,
(iii) the replacement of the goods or the supply of
equivalent goods,
(iv) the repair of such goods,
(v) the payment of the cost of the replacing the
goods or acquiring equivalent goods, or
(vi) the payment of the cost of having the goods
repaired. In these Terms of Use, certain words (particularly capitalised ones)
may have special meanings. If they do these special meanings are set out in the
"General" section. The Terms of Use are effective until terminated by
Devine Gift Baskets and Flowers and Devine Gift Baskets and Flowers may
terminate this agreement and your access to the Web Site at any time without
notice. In the event of termination you are no longer authorised to access the
Web Site, but all restrictions imposed on you and all disclaimers and
limitations of liability set out in the Terms of Use will survive.
COPYRIGHT
This Web Site is our copyright property.
You are provided with access to it only for your personal and non-commercial
use.
Other than for the purposes of and subject to the
conditions prescribed under the Copyright Act 1968 or any other applicable
legislation throughout the world, you may not, in any form or by any means: ·
Adapt, reproduce, store, distribute, transmit, print, display, perform, publish
or create derivative works from any part of this Web Site; or · Commercialise
any information, products or services obtained from any part of this Web Site
without our written permission. Nothing contained in the Web Site should be
construed as granting any licence or right of use of any trade mark or part of
any trade mark displayed on the Web Site without the express written permission
of Devine Gift Baskets and Flowers or third party owner.
LINKED WEB SITES
This Web Site may contain links to Linked
Web Sites. Those links are provided for convenience only any may not remain
current or be maintained. Links to those web sites should not be construed as
any endorsement, approval, recommendation or preference by us of the owners or
operators of the sites, or of any information, products or services referred to
on those other sites unless specifically stated. Unless otherwise stated the
Linked Web Sites are not under the control of Devine Gift Baskets and Flowers
and Devine Gift Baskets and Flowers is not responsible for the contents of any
Linked Web Site. You link to any such web site at your own risk.
COOKIES
Cookies are pieces of information that a
web site transfers to your computer's hard disk. We may store one or more
cookies in your computer or request your computer to transmit data to us. If you
do not wish to receive cookies you may set your browser to refuse cookies. This Web Site may store cookies on your computer in
order to better serve you upon subsequent visits to this Web Site.
GENERAL
In this Web Site: "Devine Gift
Baskets and Flowers" means Devine Gift Baskets and Flowers (A.B.N 70 523
003 855) and its subsidiaries unless otherwise specified. "Linked Web
Sites" means web sites of persons or entities other than Devine Gift
Baskets and Flowers which are hyper linked from this Web Site. "Personal
Information" means any information from which your identity is apparent or
can be reasonably be ascertained. "Web Site" means the whole or any
part of the web pages located at www.adevineflorist.com.au (including the
lay-out of this Web Site, individual elements of the Web Site design, underlying
code elements of this Web Site, or text, sounds, graphics, animated elements or
any other content of this Web Site.) "We" and "us" refer to
Devine Gift Baskets and Flowers, and "our" has the same meaning. These
Terms of Use are governed by the laws in force in New South Wales, Australia and
you irrevocably and unconditionally submit to the non-exclusive jurisdiction of
the courts of New South Wales, Australia and any courts which may hear appeals
from those courts. Nothing contained in these Terms of Use derogates from Devine
Gift Baskets and Flowers right to comply with law enforcement requests or
requirements relating to your use of this Web Site or information provided to or
gathered by Devine Gift Baskets and Flowers with respect to that use.
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