Terms & Conditions
TERMS AND CONDITIONS OF WEBSITE USE: November 2014
ACCESSING OUR SITES
Access to our Sites is permitted on the basis, and we reserve the right to withdraw, amend, suspend or terminate indefinitely the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property and database rights, in our Site, and in the materials published on it, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”) are owned by us NOVELTEA PTY LTD , The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on our Site.
NOVELTEA PTY LTD reserves the right to copy protect any of the Materials on our Site. Except as provided in these terms and conditions, the use of this Site does not grant you any rights, title, interest or license to any Materials you may access on this Site Provided that you are located in a country or other territory where the consumption of alcoholic beverages is permitted AND you are of a legal age to consume alcoholic beverages in the country or other territory in which you are located, you may print a reasonable number of hard copies, and may download extracts, of any page(s) from our Site for your lawful, personal, non-commercial use. Unless otherwise specifically authorised by us (by way of example only, explicit instructions such as “Click Here to Enlarge this Image”) you must not modify the paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or proprietary notice. All other copying (whether in electronic, hard copy or other format) reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of our Site or the Materials on our Site is prohibited and may breach intellectual property laws and other laws worldwide.
You must not use any part of the Materials on our Site for commercial purposes without obtaining a licence from NOVELTEA PTY LTD .
You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site. You may not use our Site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our content standards below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”).
UPLOADING MATERIAL TO OUR SITE
Any material you upload to our Site will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us, we have the right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You waive any moral rights in respect of any material you upload to our Site.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.
We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with the content standards below.
Any material which you contribute to our Site must comply with the following standards. The standards apply to each part of any contribution.
Your contributions must:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Your contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Contain sexually explicit material.
Harm, or attempt to harm, minors in any way.
Encourage, condone, promote or glamorise under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving.
Be targeted at an under legal drinking age audience.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right, trade mark or other proprietary right of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal or immoral activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
This list only serves to provide examples and is not meant to be an exhaustive list of the types of unacceptable uses that may result in the restriction, suspension or termination of your use of our Site.
OUR SITE CHANGES REGULARLY
We aim to update our Site regularly, and may change the content at any time. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided “As Is” and without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, hereby expressly exclude:
All conditions, warranties and other items which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Because some jurisdictions do not allow the exclusion or limitation of liability or damages, NovelTea Pty Ltd liability in such jurisdictions shall be limited to the extent permitted by the law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
Your privacy is important to us. We process information about you in accordance with Privacy laws. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
MALICIOUS CODE, HACKING AND OTHER OFFENCES
You must not misuse our Site by knowingly introducing any Malicious Code. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
We will report any such activity by you to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You must not establish a link from any website to any page in our Site or frame our Site on any other site. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.
If you wish to make any use of Material on our Site other than that set out above, please address your request to: firstname.lastname@example.org
LINKS FROM OUR SITE
Where our Site contains links to our other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.