1. Website Terms and Conditions
Welcome to the Esme’s Patchwork Website. Please note that your access to and use of the Website is subject to your acceptance and compliance with this Agreement. By using and/or continuing to access the Website, you agree to be bound by this Agreement and any amendments to it . If you do not agree to any of the terms and conditions of this Agreement or any amendments, please stop using the Website immediately.
2. About the Agreement
2.1 Use of some parts or features of the Website may be governed by other terms and conditions. Those terms and conditions will also apply to this Agreement, and will prevail over this Agreement if there is any inconsistency between them.
2.2 We may amend this Agreement at any time without notice. Any amendments to this Agreement will be effective as soon as they are posted to the Website. By using this Website you agree to be bound by any changes to this Agreement.
3. Protecting Your Privacy
4. Use of the Website
4.1 You may not use the Website in any manner or for any purpose that is unlawful, that violates any right of Esme’s Patchwork or any other person, or that is prohibited by this Agreement. In particular, but without limitation, it is a condition of your use of and/or access to the Website that you do NOT do any of the following:
(1) use the Website for commercial purposes unless you are making a purchase from our Online Store;
(2) use any mechanism, software or other scripts in relation to the Website which could disrupt or interfere with the Website or any servers, software, hardware or equipment connected to or via the Website, including any robot exclusion headers;
(3) restrict or inhibit any other User or Member from using or enjoying the Website;
(4) distribute or transmit any Content of any kind which contains a virus or other harmful component;
(5) distribute, post or upload any pornographic, extremist or racist material or any material which might otherwise be harmful to other Members or Users;
(6) use the Website for the purpose of advertising or promoting political parties or extremist organisations;
(7) violate any Applicable Law relating to your use of the Website; or
(8) use the Website in any manner which we, in our sole opinion, consider inappropriate or inconsistent with the intended purpose of the Website.
4.2 In order to protect other Users, Members and Esme’s Patchwork from inappropriate use of the Website, you warrant, without limitation, that Your Information:
(1) relates directly to Esme’s Patchwork and off-road vehicles, or activities associated with Esme’s Patchwork and off-road vehicles or is information provided for purchases from our online store;
(2) is owned by you;
(3) does not infringe any third party’s copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(4) is not false, inaccurate, misleading or fraudulent;
(5) is not obscene, violent, lewd, sexually explicit, defamatory, libellous, threatening or harassing;
(6) does not contain nudity or offensive subject matter or contain a link to an adult website;
(7) does not involve commercial activities or sales, including advertising or pyramid schemes;
(8) does not promote any criminal activity or enterprise, including but not limited to inciting an act of terrorism, buying or making weapons, or violating someone’s privacy;
(9) does not contain or describe pornography and is not otherwise harmful to other Members or Users;
(10) does not violate any Applicable Law; and
(11) will not create liability for Esme’s Patchwork or cause us to lose (in whole or in part) the services of our internet service providers or other suppliers.
4.3 Esme’s Patchwork reserves the right to investigate and take appropriate legal action against any Member who breaches clause 4.2, including without limitation, removing the offending Content without notice to the offending Member, terminating their membership, and/or referring a Member to the appropriate law enforcement agencies.
4.4 If you believe that a Member has violated this Agreement including without limitation by posting inappropriate or offensive material on this Website, please alert the Website administrators by clicking on the link entitled “Report Abuse”. Esme’s Patchwork will consider all reported incidents, however it does not guarantee that a request for removal of Content will be accepted.
5. Your Information
5.2 You must promptly inform us if you become aware that any of Your Information breaches this Agreement and take whatever steps may be necessary to correct the breach. This clause is not intended to limit our rights under any other provision of this Agreement if such a breach occurs.
6. Other Information
6.1 We do not check, and do not take responsibility for:
(1) the veracity, accuracy or completeness of information provided by Members on or in connection with the Website (including the identity, age or place of residence of Members); or
(2) the content of information posted on the Website by Members, which other Members may regard as harmful or offensive; or
(3) Content on this Website which we source from Third Party Websites.
6.2 In using the Website, you acknowledge that Members may have registered under false pretences and that there are risks involved in communicating with and disclosing Your Information to other Members.
6.3 We reserve the right to remove Content that we in our sole opinion consider offensive, illegal or may violate the rights of any person, or may harm or threaten the safety of any person.
7. Intellectual Property
7.1 You acknowledge that the Content in this Website is the subject of Intellectual Property and legal rights (including third party rights). You may not, during or at any time after the expiry or termination of this Agreement, do or permit any act which infringes any of those rights.
7.2 Other than as expressly permitted by law or this Agreement, you may not, without the specific prior written consent of Esme’s Patchwork, do any of the following things, either directly or indirectly:
(1) use, copy, reproduce, translate, reuse, transmit, retransmit, adapt, vary, remove, alter, modify, store, publish, republish, broadcast, link, distribute, frame, post, upload, rewrite, broadcast or store Content;
(2) incorporate Content into any other website or use Content for any commercial purpose;
(3) store Content in a retrieval system by any means, including graphic, electronic or mechanical means, photocopying, recording, taping or storage in an information retrieval system; or
(4) use Content in any manner or for any purpose which is unlawful, which violates any right of Express or which is prohibited by this Agreement.
7.3 Subject to clause 7.2, you must ensure that all copies of material from the Website retain any copyright or other intellectual property notices contained in the original material.
7.4 Some of the copyright in the Content is included on the Website under a licence from third parties. Any permission to use, copy or reproduce that Content (other than in the course of viewing this Website) must be obtained from the copyright owner. It is your responsibility to obtain such authorisation.
8. Indemnity and Limitation of liability
8.1 You indemnify Esme’s Patchwork, its directors, officers, employees, suppliers and agents to the fullest extent permitted by law, from and against all Loss however occurring to you or anyone else arising out of, or in any way connected with, the use of this Website. The cause of the Loss includes but is not limited to:
(1) access or use, or inability to access or use this Website;
(2) reliance on any Content;
(3) the transmission of any computer virus;
(4) Esme’s Patchwork’ negligence;
(5) a breach of your computer’s security;
(6) any unauthorised access to, modification or alteration of Content;
(7) any material or data sent or received or not sent or received;
(8) any infringement of another’s rights, including Intellectual Property;
(9) any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party;
(10) any Content sent by any third party using and/or included in this Website; and
(11) delays, interruptions, inaccuracies, errors, omissions or cessation of services.
8.2 In relation to Non Excludable Rights, any liability incurred by Esme’s Patchwork in relation to the use of this Website or the Content is limited as provided under the Trade Practices Act 1974 Cth (section 68A). Liability which cannot be excluded, is limited to the extent possible, at Esme’s Patchwork’s option, to:
(1) the supply of the goods or services again;
(2) the repair of the goods; or
(3) the payment of the cost of having the goods or services supplied again or repaired.
9.1 The Website and the Content are provided on an “as is” basis. Esme’s Patchwork makes no representations or warranties regarding the accuracy, reliability or completeness of the Content of the Website.
9.2 From time to time Esme’s Patchwork may change the Website to add or remove features or services, without liability to Users or Members.
9.3 To the fullest extent permitted by law, Esme’s Patchwork disclaims all warranties, express or implied or otherwise, including without limitation any implied warranties of merchantability or fitness for a particular purpose relating to your use of the Website, or access to or non-access to the Website. In addition, Esme’s Patchwork does not warrant that the Website or the server that makes it available, or email sent from Esme’s Patchwork are free of viruses or other harmful components.
10.1 The Website contains links to Third Party Websites that are not owned, operated or maintained by Esme’s Patchwork. Esme’s Patchwork has no control over the content or policies of such Third Party Websites and accepts no responsibility for any Loss arising from your use of a Third Party Website.
10.2 Links to Third Party Websites are for your convenience only and do not constitute endorsement or recommendation by Esme’s Patchwork of any material found at those sites.
11.1 During your use of the Website, we may issue to and request from your computer blocks of data known as “cookies”. By using this Website you authorise us to issue such cookies to your computer. You must not alter any cookies sent to your computer from the Website and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Website.
12.1 If any provision of this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this Agreement which will continue in full force and effect. All rights not expressly granted are reserved.
12.2 If you breach any provision of this Agreement, and Esme’s Patchwork has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of our legal rights. Any waiver or legal rights granted under this Agreement will only be effective if it is in writing and signed by Esme’s Patchwork.
13. Governing law and jurisdiction
13.1 All matters relating to this Website are governed by and are to be construed according to the laws applicable in the State of Tasmania, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Tasmania, Australia.
15.2 Express has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if Esme’s Patchwork considers (in its discretion) that the action is necessary or desirable.
14 Using the Website from outside Australia
14.1 If you access the Website from a country other than Australia and the Content and this Agreement do not satisfy the laws of your country, you are not entitled to use the Website or become a Member.
14.2 If you do use the Website despite infringing clause 14.1, you agree to indemnify Esme’s Patchwork for any Loss which may be incurred as a consequence.
15. Online Store
15.1 The online store is owned and operated by Esme’s Patchwork an Australian company. Contact details are set out in this Agreement.
15.2 By clicking on the order button you are agreeing to the following:
(a) You are accepting an offer to purchase a product for the price advertised at the time of your purchase in the online store. (b) You have the intention of being legally bound.
(c) You are over the age of 18 years or have the permission of an adult to do so.
(d) You have read and understood the terms and conditions of this Agreement.
(f) You authorise us, our financial institution and our bill payment systems provider to deal with your credit or debit card in order to process your information for the purposes of payment to us for the purchase of subscriptions and/or products.
15.3 Prices advertised are in Australian dollars and are inclusive of GST.
15.4 Prices for magazines sold outside Australia are advertised in Australian dollars and are inclusive of delivery costs.
15.5 Payment is to be made in Australian dollars.
17.6 Esme’s Patchwork will not be held liable for any loss due to you entering incorrect details on the form including but not limited to an incorrect address provided by you. In the event that you change your address between the time you purchase a subscription or product you must notify Esme’s Patchwork in writing of your change of address.
15.7 You may cancel your your order at any time subject to clause 15.9 below by contacting the store on (03) 6344 7040 and will receive a pro rata refund on the cancelled issues. All cancellations are subject to a $20.00 cancellation fee which will be deducted from the amount to be refunded to you. Refund cheques take approximately 3 weeks to process.
15.8 You may cancel your product/s at any time subject to clause 15.9 below.
15.9 Esme’s will not provide a refund for products returned after cancellation where the packaging has been opened and/or damaged.
15.10 In the event a delivery is delayed we will inform you of this and provide you with the option to either wait giving you an approximate wait time, choose a different product of equivilent value or refund your money.
15.12 Offers on the online store form part of these terms and conditions.
15.13 All statutory warranties that relate to our goods apply.