Terms and Conditions
LAST UPDATED: DECEMBER 16, 2018
IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
Welcome to www.101birthdaygift.com (the “Site”,”website”), our digital content platform which you may access in several ways, including but not limited to the World Wide Web, Puffin OS and natively on physical devices.
This site is owned and made available by WHARFwebsite Pty Ltd (referred to as “101BirthdayGift”, “101BG”, “101BG.COM” and “101BirthdayGift.com”; and referred to in these Terms and Conditions as “we”, “the Site” and “us”; and incorporated in the Commonwealth of Australia). The Terms and Conditions form part of an agreement between you, the end-user, and ourselves and sets out the conditions under which you may access the information, products, services and advertisements (the “Material”) available through the Site.
By accessing, viewing or using the Material on the Site you have indicated to us that you both understand and agree to be bound by these Terms and Conditions.
In these terms and conditions, when we say Site, we mean our digital content platform, regardless of how you access it.
101BirthdayGift.com reserves the right to amend these Terms from time to time. Any such amendment will be applicable to all persons accessing the website once the revised Terms have been posted on the website. You should therefore check the website from time to time to review the current Terms.
We do not actively moderate, monitor or edit contributions to the community forums, reader comments or blogs, but we may intervene and take such action as we think necessary. If you have any concerns over the contents on our site, please send us an e-mail at 101bg at limelume dot com <email@example.com>.
2. NO WARRANTY
The Site is provided on an “as is” and “as available” basis and in particular we do not warrant that:
• 101birthdaygift.com participates in affiliate/referral/partnership programs of amazon.com (“Amazon Services LLC”), fancy.com (“Thing Daemon Inc.”), fluryfoods.com (“LIMELUME.COM, LLC”) and many more. We generally do not sell any products on our website, rather you will be taken to the seller/merchant website to make a purchase that may generate us income. All the blog materials are original write-ups of 101birthdaygift.com. Images used on the site are generally copyrights of the respective merchants/sellers and are generally taken from our external sources. We do our best to provide the right information as possible, though things might change upon seller/merchant discretion.
• the Site will continue to be available to you in either its current format or from its current domain name;
• the Site or any software available from the Site will be free from viruses or defects;
• the Material contained on the Site will be true or complete in all respects, except always to the extent otherwise set out in the Terms and Conditions and to any warranties which would be implied by law (including without limitation, warranties as to satisfactory quality and fitness for a particular purpose).
We shall not be liable for any direct, indirect or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the Site, or your inability to use the Site.
4. DOWNLOADABLE MATERIAL
All our downloadable material is carefully checked for viruses before being uploaded onto the site, however we recommend that, as an extra precaution you run your own virus check on each document you download before saving it to your disk or hard drive.
5. USE OF THE WEB SITE
• not to use the Material for any unlawful purpose;
• that you shall not make any use of the Site so that the Site is interrupted, damaged, rendered less efficient, or the functionality of the Site is in any way impaired; in particular that you shall not run any automated scripts on any part of the site without our express authorization.
• not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
• not to use the Site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);
• that you shall not use the Site to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent; and
• that in the event that you may have any right, claim or action against any other user arising out of the use of the Site you shall pursue such right, claim or action independently of, and without recourse to, us.
• that you will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Material or the Site.
We shall have the right to immediately suspend your access to the Site if you commit a breach of these Terms and Conditions.
The design, images and content of the Site are, unless otherwise stated, our property. We provide Material on the Site solely for your personal use and the reproduction of the whole or any part of the Site, except for any temporary copies made necessarily in downloading the Site, for purposes other than private and personal use, is prohibited, as is distributing, displaying or copying the Site, unless it is for the personal use of a third party.
No part of the Site can be reproduced on, transmitted to or stored on any other web site or other form of electronic retrieval system, nor may any part of the site be accessed in such manner as to make it appear part of any third parties web site without our prior written consent.
7. LINKS TO OTHER SITES
Any web sites to which you link through the Site (including, without limitation, any web site provided by a third party but co-branded web site) shall be treated independent of the Site and we accept no liability in respect of your use or inability to use them or any of the content of such web sites.
We accept no liability with respect to any of the products, information, material or services offered or provided by other organizations listed on, or linked to, this Site, nor do we endorse any of those organizations or any of their products or services. Should you decide to contract with any of these organizations, the contract will be directly between you and the relevant organization. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these organizations.
9. CANCELLATION OR SUSPENSION
We can suspend or cancel this agreement and your ability to use the website with immediate effect at any time for any reason, including but not restricted to your serious or repeated breach of these Terms or any conduct in connection with your use of this site that we consider inappropriate or disruptive and which is serious or persistent. We will notify you of such termination at your registered e-mail address and invalidate your access to the site.
10. YOUR RESPONSIBILITIES
You are legally responsible for material you post or submit and you understand that by doing so you intend it to be published on the website. Such material may include without limitation words, artwork, pictures (still or moving) and sound. You give us free of charge the non-exclusive, sub-licensable right to edit, delete, copy, translate, create derivative works from, publish, broadcast, transmit, distribute, perform, make available to the public or otherwise use and re-use material contributed by you (or not use it) on the website and you waive any moral rights in your contribution for these purposes.
By publishing or posting material on this website, you warrant to us that:
• You do not infringe the rights of any individual, corporation or organization, including but not restricted to the owners of any copyright and other intellectual property, confidentiality or privacy right, and you have obtained any necessary permissions.
• The material is your own original work or you have the right to make it available to use for the purposes in section 10 above.
• You have not defamed any individual, corporation organization or otherwise affected their legal rights. This may include but is not restricted to: comment which cannot be justified; facts which are untrue or not provable; statements breaching an individual’s privacy; statements which may prejudice a court case; images or statements which are obscene, pornographic or illegal; statements which are offensive on grounds of race, religion, creed, color or which may incite hatred or disrespect in any third party; statements which breach the criminal law, whether or not known to be illegal; statements which may breach professional ethics or standards.
11. INTELLECTUAL PROPERTY
You acknowledge that all rights, including copyright and database rights, for any content on the website (including 101BirthdayGift.com trade names and logos) or which is submitted by you belong to us or are licensed by you to us for the purposes in section 10 above. You may read and contribute to the website and its communities, comments and blogs for your own private purposes but not for any advertising or other commercial purpose (which includes junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or commercial exploitation). For private purposes, you may download and use reader-generated content on a single PC and you may print out (but not photocopy) one hard screen copy of contributions to the website for your personal use only. But you will not otherwise copy, store, distribute, publish, broadcast, transmit, show in public, create a database (in electronic or any other medium) from downloaded materials or otherwise use any part of this website without our written permission, except that you may reproduce reasonable extracts of any contribution to the website without our prior permission for non-commercial purposes provided that you deal fairly with the material and you properly accredit any original work to 101BirthdayGift.com.
You indemnify and will keep indemnified WHARFwebsite Pty Ltd, together with their respective directors, partners, employees and shareholders, from and against all claims, actions, proceedings, liabilities, losses, damages, expenses and costs (including legal costs) arising from any breach of these Terms by you or from the publication of any posting or submission whatsoever contributed by you or on your behalf. We reserve the right to take over the exclusive defense of any claim, action or proceeding for which you shall be financially responsible, and for which we are entitled to indemnity from you. In such event, you shall provide us with all co-operation as may reasonably be requested by us.
13. LOSS OR DAMAGE – DISCLAIMER
You acknowledge that:
• the contributions to the website are the statements and views of the contributors and not of us or any of our connected companies, directors employees or shareholders;
• it is your sole responsibility to check the accuracy of any facts and opinions given on this website before entering into any commitment based upon them;
• we do not, as a matter of course, actively moderate, monitor or edit the contributions to the website;
• any third parties advertising on our websites, or external (or link) sites accessible via our websites, are not under our control and we are not responsible in any way for any of their contents or for any agreement you may enter into with a third party arising from your visit to our websites.
We are not liable for any loss or damage, howsoever arising, from contributions to the website and its community by other parties, your use of this site or inability to use this site, or any errors and omissions on this site, whether in contract, tort or otherwise and whether such loss or damage is foreseen or foreseeable. This includes but is not restricted to indirect, consequential, special or exemplary damages, loss of business, loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of data and loss suffered by third parties. This does not exclude our liability for fraud, or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited by law.
14. REPRESENTATIONS AND WARRANTIES
We make no representations and give no warranties with regard to the quality, suitability, reliability, compatibility, accuracy, non-infringement or completeness of the contents of this website, and any implied warranties are excluded to the extent permitted by law.
We do not warrant that this website, the server that supplies it or any other of our systems will be uninterrupted or free of errors, viruses or bugs and we shall not be liable if this site is inaccessible at any time. Access may be suspended temporarily without notice for technical reasons or for reasons over which we have no control.
15. DATA PROTECTION
We will use your personal details to administer this site. From time to time, we may send direct marketing or promotional material information from us or selected third parties. You can indicate you do not wish to receive such material by emailing us.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall remain in full force and effect.