Welcome to VillageMall on the Internet

Before accessing our site, or transmitting information to our site, you need to carefully read the following 
TERMS AND CONDITIONS OF USE FOR VILLAGEMALL WEB SITES

Acceptance of Terms. When you access this site, or transmit information to this site, you acknowledge that you have read and agree to abide by the terms described below. If you do not agree to the terms discussed here, you should exit this site and cease all transmissions now.

AGREEMENT BETWEEN USER AND VillageMall Operations Pty Ltd

The VillageMall Operations Pty Ltd Web Site is comprised of various Web pages operated by VillageMall Operations Pty Ltd.

The VillageMall Operations Pty Ltd Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the VillageMall Operations Pty Ltd Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

VillageMall Operations Pty Ltd reserves the right to change the terms, conditions, and notices under which the VillageMall Operations Pty Ltd Web Site is offered, including but not limited to the charges associated with the use of the VillageMall Operations Pty Ltd Web Site.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the VillageMall Operations Pty Ltd Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the VillageMall Operations Pty Ltd Web Site.

LINKS TO THIRD PARTY SITES

The VillageMall Operations Pty Ltd Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of VillageMall Operations Pty Ltd and VillageMall Operations Pty Ltd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VillageMall Operations Pty Ltd is not responsible for web casting or any other form of transmission received from any Linked Site. VillageMall Operations Pty Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VillageMall Operations Pty Ltd of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the VillageMall Operations Pty Ltd Web Site, you warrant to VillageMall Operations Pty Ltd that you will not use the VillageMall Operations Pty Ltd Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the VillageMall Operations Pty Ltd Web Site in any manner which could damage, disable, overburden, or impair the VillageMall Operations Pty Ltd Web Site or interfere with any other party’s use and enjoyment of the VillageMall Operations Pty Ltd Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the VillageMall Operations Pty Ltd Web Sites.

USE OF COMMUNICATION SERVICES

The VillageMall Operations Pty Ltd Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
 
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
     
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
     
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
     
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
     
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
     
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
     
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
     
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
     
  • Restrict or inhibit any other user from using and enjoying the Communication Services.

    Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
     
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
     
  • Violate any applicable laws or regulations.

VillageMall Operations Pty Ltd has no obligation to monitor the Communication Services. However, VillageMall Operations Pty Ltd reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. VillageMall Operations Pty Ltd reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

VillageMall Operations Pty Ltd reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in VillageMall Operations Pty Ltd’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. VillageMall Operations Pty Ltd does not control or endorse the content, messages or information found in any Communication Service and, therefore, VillageMall Operations Pty Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised VillageMall Operations Pty Ltd spokespersons, and their views do not necessarily reflect those of VillageMall Operations Pty Ltd.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO VillageMall Operations Pty Ltd OR POSTED AT ANY VillageMall Operations Pty Ltd WEB SITE

VillageMall Operations Pty Ltd does not claim ownership of the materials you provide to VillageMall Operations Pty Ltd (including feedback and suggestions) or post, upload, input or submit to any VillageMall Operations Pty Ltd Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting VillageMall Operations Pty Ltd, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. VillageMall Operations Pty Ltd is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in VillageMall Operations Pty Ltd’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AVAILABLE ON THE VillageMall Operations Pty Ltd WEB SITE

Software (if any) that is made available to download from the VillageMall Operations Pty Ltd Web Site, excluding software that may be made available by end-users through a Communication Service, (“Software”) is the copyrighted work of VillageMall Pty Ltd and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, VillageMall Operations Pty Ltd hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular VillageMall Operations Pty Ltd Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by VillageMall Pty Ltd and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, may be subject to applicable export control laws and regulations. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE VillageMall Operations Pty Ltd WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VillageMall Operations Pty Ltd AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE VillageMall Operations Pty Ltd WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE VillageMall Operations Pty Ltd WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

VillageMall Operations Pty Ltd AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE VillageMall Operations Pty Ltd WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VillageMall Operations Pty Ltd, VillageMall Operations Pty Ltd AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VillageMall Operations Pty Ltd, VillageMall Operations Pty Ltd AND/OR ITS SUPPLIERS 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 VillageMall Operations Pty Ltd WEB SITE, WITH THE DELAY OR INABILITY TO USE THE VillageMall Operations Pty Ltd WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VillageMall Operations Pty Ltd WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VillageMall Operations Pty Ltd WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VillageMall Operations Pty Ltd OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VillageMall Operations Pty Ltd WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VillageMall Operations Pty Ltd WEB SITE.

SERVICE CONTACT: VillageMall Support

TERMINATION/ACCESS RESTRICTION

VillageMall Operations Pty Ltd reserves the right, in its sole discretion, to terminate your access to the VillageMall Operations Pty Ltd Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Queensland, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Brisbane, Queensland, Australia in all disputes arising out of or relating to the use of the VillageMall Operations Pty Ltd Web Site. Use of the VillageMall Operations Pty Ltd Web Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and VillageMall Operations Pty Ltd as a result of this agreement or use of the VillageMall Operations Pty Ltd Web Site. VillageMall Operations Pty Ltd’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of VillageMall Operations Pty Ltd’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the VillageMall Operations Pty Ltd Web Site or information provided to or gathered by VillageMall Operations Pty Ltd with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and VillageMall Operations Pty Ltd with respect to the VillageMall Operations Pty Ltd Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and VillageMall Operations Pty Ltd with respect to the VillageMall Operations Pty Ltd Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. C’est la volonté express des parties que la présente conversion ainsi que les documents qui s’y rattachment soient rédigé en anglais.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the VillageMall Operations Pty Ltd Web Site are: Copyright © 1999,2003 VillageMall Pty Ltd or VillageMall Operations Pty Ltd and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement of copyright should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Non-Australian Residents

The products and services described in this site are not available in countries or to residents of countries, where it is unlawful to provide the information included in this site or where it is unlawful to offer the products and services described in this site. Also, the availability of some products and services may be limited to Australian residents only and may also be limited to residents of certain States or Territories of Australia only. The information provided in this site has been provided in accordance with Australian laws only and may not satisfy the laws of other countries. Overseas residents may contact VillageMall by email for further assistance regarding the availability of the products and services described in this site.

Withdrawal of Products and Services

The products and services described in this site can be withdrawn or varied at any time without notice. All information regarding the products and services described in this site can be withdrawn or varied without notice.

Terms and Conditions and Fees and Charges

Terms and conditions apply to all products and services described in this site and may be varied at any time without notice. Fees and charges also apply to all products and services and may be varied at any time without notice. Government charges, taxes and duties may also apply. Full details of the terms and conditions and the fees and charges are available on request from VillageMall. 
All fees and charges quoted on this site for VillageMall services are GST exclusive unless explicitly stated.

Approval

All applications for any products or services described in this site are subject to an approval process.

Liability

To the extent permitted by law VillageMall disclaims all warranties with regard to the information and applications contained on the website and your use of the website, including all implied warranties of merchantability and fitness. In no event shall VillageMall, its contractors, agents, or employees be liable for any damages whatsoever (including special, indirect or consequential) arising out of or in connection with the use or performance of the website whether in contract, at common law or in equity, or on any other basis. These Terms and Conditions do not exclude warranties or conditions which VillageMall cannot, by law, exclude. These Terms and Conditions do not exclude any liability which any law requires VillageMall to accept. If VillageMall becomes liable for any breach of any such condition or warranty, VillageMall's liability shall be limited at its option, to any one or more of the following:

(a)  in the case of goods, to any one it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
(b)  in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.

Data Mining or Deep Linking. Information may only be accessed from this site by a human using a industry standard web browser. Information may only be accessed via a URL provided for navigation within this site. The use of any computer program to extract the contents of this site, except for the above or under a written agreement from VillageMall expressly allowing such access,  is strictly prohibited.

Use of Images. The VillageMall network contains images that will be transmitted to your browser for viewing as part of a HTML or XML page.  These images are for on-line viewing only, it is expressly prohibited from viewing or copying these images when not connected on-line to the VillageMall network. Any copies that may be keep by a caching mechanism associated with your  browser must be destroyed as part of a scheduled or manual cache cleanup. Any image in the said cache may not be viewed or copied for any purpose. 

These Terms and Conditions are governed by, construed and enforced in accordance with the law of Brisbane, Australia. Disputes arising from these Terms and Conditions are in the first instance exclusively subject to the jurisdiction of the courts of Brisbane, Australia.