TERMS OF ACCESS • LEGAL DISCLAIMER
This Website (referred to in these Terms of Access as the “Website”) is owned and operated by Hale Jewellery on the World Wide Web (“WWW”).
The material on the Website is copyright © 2019 Hale Jewellery and/or other copyright owners.
The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out
below/on this linked page. By continuing to access the Website you are agreeing to the terms and conditions set out below.
USE OF MATERIAL ON THE WEBSITE
A. Except for the limited use set out in paragraph B you may not use the Website, or the material contained on it, for any purpose.
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the WWW;
(e) “framing” the material on the Website with other material on any other WWW site.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
B. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
C. You may not modify or copy:
(a) the layout of the Website; and
(b) any computer software and code contained in the Website.
D. Hale Jewellery reserves all intellectual property rights, including, but not limited to, copyright in material and/or
services provided by it. The material provided on the Website is provided for personal use only and may not be:
(a) re-sold and/or re-distributed in any material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media, without the prior written consent of Hale Jewellery.
LINKS TO OTHER WEBSITES
F. The Website may contain links to sites on the WWW owned and operated by third parties and which are not under the control of Hale Jewellery.
G. In relation to the other sites on the WWW, which are linked to the Website, Hale Jewellery:
(a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Hale Jewellery of the linked site; and
(b) is not responsible for the material contained on those linked sites.
H. Hale Jewellery may make the Website available for others to publish information without assuming a duty of care to users. Hale Jewellery is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.
I. To the full extent permitted by law Hale Jewellery disclaims any and all warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the
Website and/or of any linked sites; and
(b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the
Website and/or on any linked sites.
J. Hale Jewellery will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
K. Hale Jewellery does not warrant, guarantee or make any representation that:
(a) the Website, or the server that makes the site available on the WWW are free of software viruses;
(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(c) errors and defects in the Website will be corrected.
L. Hale Jewellery is not liable to you for:
(a) errors or omissions in the Website, or linked sites on the WWW;
(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of Hale Jewellery, its employees or independent contractors, or through any other cause.
M. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
LIMITATION OF LIABILITY
N. Disclaimer 1 and/or Disclaimer 2 may not apply to you in jurisdictions in which limitations on or exclusions of warranties
or liabilities are not permitted by law. To the full extent permitted by law Hale Jewellery’s liability for any implied warranty or condition is limited, at the choice of Hale Jewellery, to one or more of the following:
If the breach of an implied warranty or condition relates to services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
If the breach of an implied warranty or condition relates to goods:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
USE OF INFORMATION GATHERED
O. Hale Jewellery and/or people authorised by it may gather and process the information:
(a)which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(b)regarding the way in which you use the Website including, without limitation, information acquired through the use
of “cookies” programmed during the accessing of the Website at Hale Jewellery’s sole discretion but in compliance with relevant legislation.
P. Hale Jewellery collects and uses Users personal information for the following purposes:
- To personalize user experience - we may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To process transactions - we may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To send periodic emails -The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
(a) We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
(c) By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site.
Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
TERMINATION OF ACCESS
Q. Hale Jewellery may terminate access to the Website at any time without giving any explanation or justification for the
termination of access, and Hale Jewellery has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
ALTERATION OF TERMS OF ACCESS
R. Hale Jewellery reserves the right to change these Terms of Access:
(a)with or without further notice to you; and
(b)without giving you any explanation or justification for such change.
S. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
T. This Agreement will be governed by and interpreted in accordance with the law of Queensland, without giving effect to any principles of conflicts of laws.
U. You agree to the jurisdiction of the courts and to the laws of the State of Queensland to determine any dispute arising out of this Agreement.
V. In this Agreement , unless the contrary intention appears:
“Agreement”means these Website – Terms and Conditions;
“Hale Jewellery”means the owner and operator of this website Hale Jewellery ABN 63 065 321 203;
“Intellectual Property Rights”means common law and statutory rights including rights associated with copyright, trade mark,
design, confidential information and business reputation;
“Material”means the property subsisting in the website comprised of the visual images and computer code for images created and displayed on the Website and also includes all intellectual property in copyright, trademark and design in the subject matter of any photograph or other image displayed on the Website;
“Website”means www.all-hale.com being the website to which these Terms and Conditions apply and includes all pages of the Website;
“You/user”means the person accessing the Website.