Terms & Conditions of FINECOTTONNIGHTWEAR Website
Last updated 1st April 2009
This Website is owned and operated by Darby Street Pharmacy (ABN 18503682076), trading as WWW.FINECOTTONNIGHTWEAR.COM.AU.
The following Terms and Conditions govern the use of the FINECOTTONNIGHTWEAR (“FCNW”) Website (“Site”), the materials and information contained therein and related services made available to you via this Site. By clicking on the “I Accept” button below you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not visit or use the site. FINECOTTONNIGHTWEAR may from time to time change this Site (including these Terms & Conditions of use). Please read these Terms and Conditions and re-read before subsequent use. In the event of change(s) to these Terms and Conditions that you do not agree with you must immediately stop using the site.
FINECOTTONNIGHTWEAR, its representatives and associated agents are not liable to you or any other for any loss in connection with the use of this site or a linked web site. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Exclusion of Liability and Overall Disclaimer
The materials and information provided on this Site and related communications are provided on and “as is” basis. FCNW assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. Any reference to products or services on this Web site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by FCNW. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), FCNW expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site. FCNW shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if FCNW is expressly advised of the possibility of such loss or damages.
The Terms and Conditions are effective until terminated by FCNW and FCNW may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.
You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect FCNW or its users.
We shall share your personal data with companies and organisations in order to enable us to perform credit checks and you hereby consent to us so doing.
You should not send any information or material that you consider to be confidential or proprietary, to FCNW or any other person, through this Site. Any information or material sent to FCNW at, or through this Site, is deemed to be not confidential. You are deemed to grant to FCNW an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Site. FCNW is free to use any ideas, concepts, know-how or techniques that you send to FCNW, for any purpose.
Use of this Website
You will be required to register to use some of the features on this Site. We may change registration requirements from time to time and without notice. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your this information change, please notify us immediately at the following e-mail address\n \n info@FINECOTTONNIGHTWEAR.COM.AU
You must comply with all proprietary and copyright notices on this Site. This Website is owned by FCNW and its associates, and subject to copyright. The information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:
(a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site;
(b) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or
(c) use or apply, for commercial purposes any material or information on this Site, without the prior written consent of FCNW.
Any software which you down load from this Site is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by down loading such software you agree to abide the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.
All trademarks, brands and names appearing on this Site are the property of their respective owners.
Nothing contained on this 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 Site without the express written permission of FCNW or third party owner.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
Links and Third Party Representation on this Website
FCNW makes no representations or warranties about any other website which you may access through this site (“Other Website”). When you access another website, that other website is independent from this site, and FCNW has no control over the content on that other website. Any link to another website is provided as a convenience to users of this site. Other websites are not under the control of FCNW, and FCNW is not responsible for the accuracy of any information on any other website. FCNW does not monitor or review the content of any other website. You must take your own precautions to ensure that any other website that you access by link from this site is free from viruses, worms, trojan horses and other material of a destructive nature.
FCNW will not monitor or review statements made by persons other than FCNW (“Third Parties”) on this Site. Third Parties may post statements or information relating to items offered for sale by Third Parties on some portion of this Site, from time to time (“Third Party Posted Material”). FCNW makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. FCNW expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, FCNW is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Site, the use of any other linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if FCNW has been expressly advised of the possibility of such loss or damages.
You must indemnify and keep indemnified FCNW in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
Subject to any non-excludable provisions of the Trade Practices Act, 1974, FCNW disclaims liability for all warranties or representations express or implied, in relation to goods or services, or both, referred to in this Site, or offered for sale on this Site by any Third Party.
Product information in relation to products referred to in this Site has been provided by the respective manufacturers of the relevant products. Product information and illustrations is published with the permission of the relevant manufacturer and/or owner of that product.
These Terms and Conditions 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 and Conditions derogates from FCNW’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by FCNW with respect to that use.
In this Site:
“FINECOTTONNIGHTWEAR” (“FCNW”) means DARBY STREET PHARMACY (ABN 18186903847), trading as FINECOTTONNIGHTWEAR.COM.AU and its subsidiaries, associates and officers unless otherwise stated.
“Other Website” means websites of persons or entities other than FCNW which are linked to and from this Site.
“Your Information” means any information from which your identity is apparent or can be reasonably be ascertained.
“Site” means the whole or any part of the web pages located at WWW.FINECOTTONNIGHTWEAR.COM.AU (including the lay-out of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site.)
“We” and “us” refer to FCNW, and “our” has the same meaning.
“Third Parties” means persons or entities represented on the Site other than FCNW