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The following terms and conditions apply to your use of the Hamper Creations
service including without limitation events calendar, forums &
bulletin boards, community classifeds, community information, e-mail,
instant messaging, chat and organiser and any other services that may be offered
by Hamper Creations from time to time (the "Service").
By using this website and /or completing the registration process, you are stating that
you AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").
1. Member Account, Password And Security
1.1 To open an account, you must complete the registration process by providing us with current,
complete and accurate information as prompted by the Registration Form
and nominating a password and account name ("Registration Data").
You agree to maintain and update this Registration Data as required to keep it current,
complete and accurate.
1.2 You agree that Hamper Creations may disclose to third parties your Registration Data
in aggregate form. Such disclosures will not include your name, mailing address, email address,
account and phone number, unless:
You expressly authorise the disclosure; or
Hamper Creations is required to make such disclosures by law.
2.1 You must ensure that your password and account name are kept secure, confidential,
and not revealed to any other person. Furthermore, you are entirely responsible for any and
all activities that occur under your account.
2.2 You agree to notify Hamper Creations immediately of any unauthorised
use of your account or any other breach of security.
3. Modify Service
3.1 Hamper Creations may modify, suspend or discontinue the Service or any service
from time to time in its absolute discretion.
4. Member Privacy
4.1 It is the policy of Hamper Creations to respect the privacy of its members.
4.2 You agree that Hamper Creations may send email, newsletters and other forms
of communications (whether or not in electronic form) to you from time to time.
or in order to respond to service or technical issues.
5. Member Conduct
5.1 You agree that:
5.2 You agree that you will not use the Service to directly or indirectly:
5.3 Hamper Creations is not obliged to but may monitor your and other users
use of the Service.
Hamper Creations may monitor, review, retain and/or disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request.
6. Links To Third Party Sites
6.1 The links included within the service may let you leave the service web sites ("linked sites").
The linked sites are not under the control of Hamper Creations and Hamper Creations
is not responsible for the contents of any linked site or
any link contained in a linked site, or any changes or updates to such sites.
6.2 Hamper Creations is not responsible for webcasting or
any other form of transmission received from any linked site.
Hamper Creations is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Hamper Creations of the site or any association with their operators.
7. Limitation of Liability
7.1 Hamper Creations will not be liable to you in respect of any loss or damage which
may be suffered or incurred by you or which may arise either directly or indirectly
or in respect of your use of the Service.
To the extent permitted by law Hamper Creations shall not be liable for any direct, indirect,
punitive, incidental, special, consequential damages or any damages whatsoever including,
without limitation, damages for loss of use, data or profits, arising out of or in any way
connected with the use or performance of the Service, with the delay or inability to use the Service,
the provision of or failure to provide Services, or for any information, software, products, services
and related graphics obtained through the Service, or otherwise arising out of the use of the Service,
whether based on contract, tort, negligence, strict liability or otherwise,
even if Hamper Creations has been advised of the possibility of damages. Without limitation,
Hamper Creations will not be liable to you for losses arising directly or indirectly from any:
8. Exclusion of Warranties
8.1 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 Hamper Creations of goods or services
on the Network which cannot be excluded, restricted or modified ("Non-excludable Rights").
Hamper Creations does not exclude any Non-excludable Rights but does exclude all other conditions
and warranties implied by custom, law or statute.
Without limitation and excepting the Non excludable Rights:
Hamper Creations makes no express representations about the suitability, reliability, availability,
timeliness and accuracy of the Service for any purpose.
The Service is provided "as is" and to the extent permitted by law, Hamper Creations hereby disclaims
all warranties and conditions with regard to the Service, including all implied warranties and conditions
of merchantability, fitness for a particular purpose, title and non-infringement.
Hamper Creations does not warrant or make any representation regarding your access to, or the results of your access to,
the Service (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness,
completeness, reliability or otherwise.
9.1 You agree to indemnify and hold Hamper Creations, officers and employees,
harmless from any claims, actions, applications, arbitration, causes of action,
complaints, costs, debts due, demands, terminations, enquiries, judgments and verdicts,
at law, in equity or arising under any statute or award (including legal costs),
by any third party due to or arising out of your use of or conduct on the Service, including without limit:
10.1 Hamper Creations may terminate your access to any part or all of the Service and any related service(s)
at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
Hamper Creations may also terminate or suspend your account for inactivity, which is defined as
failing to sign-in to the Service for an extended period of time, as determined by Hamper Creations.
Upon termination of Service, your right to use the Service immediately ceases.
10.2 If you wish to terminate your account, your only recourse is to discontinue your use of
the Service and notify Hamper Creations that you have terminated your membership.
10.3 Upon termination, your right to use the Service ceases and Hamper Creations is thereafter
not obliged to forward any unread or unsent email to you or any third party.
11. Relationship with advertisers
11.1 Any dealings with any advertiser appearing on the Service or participation in promotions,
including the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such dealings or promotions,
are solely between you and the Advertiser or other third party.
Hamper Creations is not responsible or liable for any part of any such dealings or promotions.
12. Hamper Creations may amend these Terms of Service
12.1 Hamper Creations may amend the TOS or policies regarding the use of the Service from time to time.
Hamper Creations will post any update[s] to the TOS on this Web site. By continuing to use the Service,
you agree to be bound by the amended TOS.
13.1 These terms of service are governed by the laws of Victoria and the parties agree to
be bound by the non-exclusive jurisdiction of the Courts of Victoria.
13.2 In the event that any portion of this Agreement is deemed by a court to be invalid,
the remaining provisions shall remain in full force and effect.
In the event that any goods are unavailable, a substitute product of similar value will be provided. Props have been used in some photographs — unless listed, the prop is not included in the hamper.