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Please read these
Terms and Conditions prior to using the Global
Feather Website. These Terms and Conditions govern the use of the Global
Feather Website including the purchase of any goods or services
from it.
These Terms and Conditions were last updated on 8 February, 2000. We recommend
that you check back regularly to update yourself as to the current Terms and
Conditions.
1. Acknowledgment and Acceptance of Terms
and Conditions
1.1 This is a website operated by Global
Feather Limited ("Global
Feather”) under the domain name “www.Globalfeather.com” (the
“Global Feather
Website”).
1.2 By accessing, browsing or using the Global
Feather Website, you agree to these terms, conditions and disclaimers
as amended from time to time (the “Terms and Conditions") and acknowledge
and agree that you have read and understood the Terms and Conditions.
1.3 By downloading any of the material on the Global
Feather Website, purchasing an item from this Website and/or by
completing the registration process to become a member of Global
Feather ("a Member"), you expressly agree to be bound by
the Terms and Conditions.
2. Acceptance and Changes to Terms and
Conditions
2.1 You acknowledge and accept that your use of the Global
Feather Website indicates your acceptance of these Terms and
Conditions and the Privacy and Security Information.
2.2 These are current terms and conditions. Global
Feather may amend these Terms and Conditions from time to time. Any
amendment will be effective immediately upon publication of the varied terms in
this section of the Website. Your continued use of the Global
Feather Website after any amendment becomes effective constitutes an
agreement by you to abide by and be bound by these Terms and Conditions, as so
amended.
3. User and Other Information Provided By
You
3.1 You agree to provide certain current, complete, and accurate information
about yourself as prompted to do so by the Global
Feather Website; and maintain and update this information as required
to keep it current, complete and accurate.
3.2 Any order placed by you with the Global
Feather Website must contain your name, email address, mailing
address, credit card name and number and the expiry date of your credit card so
that Global Feather can process
your order.
3.3 All information provided by you when you sign up to become a Member or which
you provide when placing an order is referred to in these Terms and Conditions
as "User Information". You grant to Global
Feather the right to disclose to third parties certain aspects of
your User Information, provided that such disclosures do not include your name,
mailing address, email address, account number or phone number, unless you
expressly direct Global Feather
to disclose such information.
3.4 Please note, the Global Feather
Privacy and Security Statement contains further information concerning the
collection and usage of User Information.
3.5 You represent and warrant that all User Information provided by you is true
and correct and agree to indemnify Global
Feather for any losses, costs, expenses or damages that Global
Feather may suffer if any of this information is not correct.
3.6 You must not transmit or attempt to transmit any material of any kind to the
Global Feather Website which
contains a virus, malicious computer code or other harmful component or
otherwise attempt to alter any of the content on the Global
Feather Website.
3.7 If any User Information provided by you is incomplete or inaccurate or you
attempt to transmit any material of any kind to the Global
Feather Website which contains a virus, malicious computer code or
other harmful component or you otherwise attempt to alter any of the content of
the Global Feather Website, or
you are otherwise in breach of these Terms and Conditions, Global
Feather retains the right to terminate your rights to use the Global
Feather Website and to prosecute you to the fullest extent of the
law.
3.8 You consent and agree to the disclosure by Global
Feather to any law enforcement agency in any jurisdiction that is
investigating any breach or suspected breach of any law in any jurisdiction of
your identity or other information provided by you to the Global
Feather Website, upon being requested to do so by that law
enforcement agency.
4. Disclaimer & Limited Liability
4.1 The information contained on the Global
Feather Website is provided by Global
Feather in good faith on an "as is" basis and any reliance
or use of this information is made solely at your own risk. The information is
believed to be accurate and current at the date the information was placed on
the Global Feather Website.
4.2 None of Global Feather, its
related bodies corporate, any of their directors, officers, employees or
shareholders makes any representation or warranty as to the reliability,
accuracy or completeness of any of the information or ideas contained on the Global
Feather Website (including in relation to any products or services)
and none of them accept any responsibility arising in any way (including
negligence) for errors in, or omissions from, the information contained on the Global
Feather Website. To the fullest extent permitted by applicable law. Global
Feather disclaims all representations and warranties, express or
implied, including but not limited to, implied warranties of merchantability and
fitness for a particular purpose and non-infringement. Global
Feather makes no warranty that the Global
Feather Website, any information or ideas contained on the Global
Feather Website or any products or services advertised on the Global
Feather Website will meet your requirements, or that the Global
Feather Website will be uninterrupted, timely, secure or error free.
4.3 You expressly acknowledge and agree that Global
Feather does not control other users including Members, of the Global
Feather Website, the providers of information or ideas to the Global
Feather Website or the suppliers of goods and services purchased from
the Global Feather Website and Global
Feather is therefore not liable for their opinions or their
behaviour, including any information or advice provided by them or any
defamatory statements made by them or any
offensive conduct on their part.
4.4 No advice or information, whether oral or written, obtained by you from or
through the Global Feather
Website creates any warranty not expressly made in these Terms and Conditions.
4.5 Information on the Global Feather
Website (including information relating to products and services) has been
prepared in accordance with Australian law for the supply of information,
products and services in Australia only. This information may not satisfy the
laws of any other country. To the extent that it does not satisfy the laws of
the country in which you reside or from which you are accessing the Global
Feather Website, it is not directed at you and cannot be relied upon
by you and you are unable to order any products or services from the Global
Feather Website. If you do, you agree to indemnify Global
Feather for any losses, costs, expenses or damages Global
Feather may suffer as a consequence.
4.6 None of Global Feather, its
related bodies corporate, any of their directors, officers, employees, or
shareholders will in any way be liable for any direct, indirect, incidental,
special or consequential damages (including in negligence), resulting from your
use or your inability to use the Global
Feather Website; your reliance on any information or advice contained
on the Global Feather Website
or for the cost of procurement of substitute products or services or resulting
from any products or services purchased or obtained or messages received or
transactions entered into through the Global
Feather Website or resulting from unauthorised access to or
alteration of your transmissions or data or of any information contained on your
computer system or on the Global Feather
Website, including but not limited to, damages for loss of profits, use, data or
other intangible, even if Global Feather
has been advised of the possibility of such damages.
4.7 Where any Act of Parliament implies in these Terms and Conditions any term,
condition or warranty, and that Act avoids or prohibits provisions in a contract
excluding or modifying the application of or exercise of, or liability under
such term, condition or warranty, such term, condition or warranty shall be
deemed to be included in these Terms and Conditions, however, the liability of Global
Feather for any breach of such term, condition or warranty shall be
limited, at the option of Global
Feather, to any one or more of the following:
i. if the breach relates to goods:
the replacement of the goods or supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods;
or the payment of the cost of having the goods repaired; and
ii. if the breach
relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
5. Ordering Products or Services
5.1 Any order placed by you in the manner described in the Global
Feather Website is an offer by you to purchase a particular product
or service for the price (including the delivery and other charges) specified in
the Global Feather
Website at the time you place your order.
5.2 Global Feather
reserves the right to accept or reject your offer for any reason, including,
without limitation, the unavailability of any product or service, an error in
the price or the product or service description posted on the Global
Feather, or an error in your order.
5.3 There may be reasons why Global
Feather cannot fulfil your order. Therefore, your contract with Global
Feather only comes into existence when Global
Feather advises you that it has accepted your order and receipt of
your payment has been confirmed.
5.4 Prices of products and services and delivery and other charges displayed on
the Global Feather Website
are current at the time of issue, but may change at any time and are subject to
availability. The availability of products and services may change from time to
time.
5.5 Until you have made payment in full for products you have ordered title in
such goods will not transfer to you, but all risk in the products will pass to
you on dispatch from Global
Feather's or its agents' distribution centre. You are responsible for
any taxes, duties or other liabilities imposed by any governmental agency,
including without limitation, any customs duty, goods and services taxes or any
value added tax imposed on any products or services acquired or ordered by you
from the Global Feather
Website.
6. Delivery
6.1 All times for delivery listed on the Global
Feather Website are indicative only. Global
Feather will not be liable for any failure to observe these delivery
times. You understand and agree that you
shall not be entitled to withdraw or modify any commitment made for the purchase
of products or services from the Global
Feather Website once that commitment has been made for any reason,
including without limitation, due to any delay in delivery.
7. Returns and/or Exchange
7.1 Our Return and/or Exchange Policy is incorporated into these terms and
conditions as follows:
i. Any items that are faulty, were damaged in transit or were not as ordered can
be returned within one (1) week of receipt by the purchaser;
ii. Non-perishable items may be returned or exchanged within 3 weeks of receipt
by the purchaser;
iii. Return of perishable items will not be accepted;
iv. Returned products (unless faulty or damaged in transit) must be in
re-saleable condition;
v. Upon request of a refund in accordance with the above terms the original
method of payment will be credited with the price of the returned goods,
excluding delivery (unless the goods were faulty, damaged in transit or not as
ordered.
8. Membership
8.1 You do not need to register as a Member in order to purchase products and
services from the Global Feather
Website. Membership is free and does not obligate you to purchase anything. You
will however, be responsible for any tax, duty or similar liability arising from
any Membership benefit that you receive or become entitled to.
8.2 Membership is non-transferable. You may change your information on an
existing membership account only to update your membership account.
8.3 Global Feather may
terminate your Membership and any Membership program at any time. You may
terminate your Membership by sending a written notice or an email to Global
Feather. Termination of your Membership only becomes effective upon
actual receipt by Global Feather
of your notification of termination.
9. Termination
9.1 Your ability to purchase products and services from this the Global
Feather Website may be terminated at any time by Global
Feather without notice. All restrictions, licenses and the like
granted by you and all disclaimers and limitations of liability by Global
Feather will survive termination.
9.2 Should you object to any of these Terms and Conditions (including any
subsequent amendments), you must immediately discontinue use of the Global
Feather Website.
10. Security
10.1 In the event of unauthorised use of your credit card, you must immediately
notify your credit card provider in accordance with its reporting rules and
procedures.
10.2 Once you become a Member, you will receive a password. You agree to take
responsibility for the safekeeping of your user name and password. You are
entirely responsible if you do not maintain the confidentiality of your
password. Furthermore, you are entirely responsible for any and all activities,
which occur under your email address, user name and password.
10.3 You agree to immediately notify Global
Feather of any unauthorised use of your email address or any other
breach of security that you become aware of. You agree to release and indemnify Global
Feather in relation to any liability arising out of the unauthorised
use of your e-mail address, user name and/or password.
11. Links to other WebSites
11.1 This site contains links to Websites maintained by other companies and
organisations. Global Feather
does not make any warranties or representations:
i. As to the quality, accuracy, merchantability or fitness for purpose of Third
Party Website material or products or services available through Third Party
Websites and Global Feather
will not accept any responsibility for the accuracy, ownership or any other
aspect of the information contained on those Third Party Websites; or
ii. That Third Party Website material does not infringe the intellectual
property rights of any person. Global
Feather does not authorise the reproduction of Third Party Website
material by linking material on the Global
Feather Website to Third Party Website material.
11.2 All offers to sell and statements relating to goods and services available
on Third Party Websites are the responsibility of and given by the Third Party
Website operator. Global Feather
expressly disclaims acting in any other respect on behalf of Third Party Website
operators.
11.3 The Global Feather
Website also contains third party advertisements (including banner ads and
referral buttons) which contain embedded hyperlinks to Third Party Websites. All
third party advertising is paid for by the relevant third party advertisers and
the placement of third party advertisements on the Global
Feather Website does not constitute a recommendation or endorsement
by Global Feather of
the products or services advertised. The third party advertiser is solely
responsible to you for any representations or offers made by it and for the
delivery of any goods or services you agree to purchase from any Third Party
Website.
12. Intellectual Property
12.1 Unless otherwise indicated, intellectual property rights in the information
on the Global Feather Website is owned or licensed by Global
Feather. All rights are reserved.
12.2 Except where necessary for viewing the material on the Global
Feather Website on your browser or as permitted under the Copyright
Act 1968 (Cth) or other applicable laws or these Terms and Conditions, no part
of the information contained on the Global
Feather Website may be otherwise reproduced, duplicated, copied,
sold, re-sold, adapted, uploaded to a Third Party, performed in public,
transmitted in any form by any process (graphic, electronic or mechanical,
including further copying, recording, taping or by a storage and information
retrieval system) or otherwise exploited for any commercial purpose without the
specific prior written consent of Global
Feather.
12.3 Any trademark or logos which appear on the Global
Feather Website are owned or licensed to Global
Feather. You must not do anything to prejudice the rights of the
trademark owner or licensee to such trademark or logo.
13. Virus Warning
13.1 Global Feather
does not represent that any information (including any file) obtained from or
through the Global Feather
Website is free from computer viruses or other faults or defects. Global
Feather will not be liable to you or to any other person for any loss
or damage (whether direct, indirect, consequential or economic), however caused
and whether by negligence or otherwise, which may result directly or indirectly
from any such information. To the extent that any
applicable law that cannot be excluded imposes any liability on Global
Feather, that liability shall be limited to the cost of re-supplying
that information. We recommend that you scan any such information for computer
virus.
14. Release and Indemnity
14.1 You hereby waive, release, forgive, discharge and relinquish any and all
claims that you now have or may have in the future against Global
Feather, its related bodies corporate, directors, employee, agents
and representatives which are connected with, arise out of, relate to or are
incidental to any transaction.
14.2 You hereby agree to indemnify, defend and hold Global
Feather, its related bodies corporate, directors, employees, agents
and representatives harmless from and against any and all claims, loss, damage,
tax, liability and/or expense that may be incurred by Global
Feather, its related bodies corporate, directors, employees, agents
and representatives arising out of or in connection with the performance of its
duties as described in these Terms and Conditions including the legal costs,
fees and expenses of defending itself against any claim by any or all of the
parties to any transaction and/or by any other person and/or as a result of you
taking any action or refraining from taking any action or instituting or
defending any action or legal proceeding.
14.3 You further agree to indemnify and hold Global
Feather, its related bodies corporate, directors, employees, agents
and representatives harmless from any claim or demand, including the costs of
legal fees on a solicitor/client basis, made by any third party due to or
arising out of your use of the Global
Feather Website, the violation of these Terms and Conditions by you,
or the infringement by you, or other user of the Global
Feather Website using your user ID, of any intellectual property or
other right of any person or entity.
15. Participation in Promotions of
Advertisers
15.1 From time to time, Global
Feather may communicate, via email, items that may be of interest to
you as a Member or as a user of the Global
Feather Website if and only if you have agreed upon registration or
subsequently to receive such emails. Global
Feather may also sell or make available to advertisers online
advertising using the pages of the Global
Feather Website. You may enter into correspondence with or
participate in promotions of the advertisers showing their products on the Global
Feather Website. Any such correspondence or promotions, including the
delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such correspondence or
promotions, are solely between the you and the advertiser. Global
Feather assumes no liability, obligation or responsibility for any
part of any such correspondence or promotion. You agree to pay all sales taxes
goods and services taxes, personal property or other governmental tax or levy
imposed on goods or services (if any) that you purchase.
16. Applicable Law
16.1 These Terms and Conditions shall be governed by and construed in accordance
with the laws of the State of Western Australia, Australia. You and Global
Feather agree to submit to the exclusive jurisdiction of the courts
of the State of Western Australia, Australia and any courts of appeal.
16.2 If any provision(s) of these Terms and Conditions is held by a court of
competent jurisdiction to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the parties with
the other provisions remaining in full force and effect.
17. No Waiver
17.1 Global Feather's
failure to exercise or enforce any rights or provisions of these Terms and
Conditions shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by Global
Feather in writing.
18. General
18.1 The products and services offered for sale by Global
Feather are only available to individuals who can make legally
binding contracts. The products and services are not available to persons under
the age of 18 years old and any other persons who are legally prohibited from
entering into binding contracts.
18.2 Any party engaging in illegal activities involving the use of the Global
Feather Website will be subject to civil and criminal prosecution. Global
Feather cannot guarantee that it will be able to prevent any illegal
or inappropriate use of the Global
Feather Website, nor can Global
Feather guarantee that it will give advance notice or warning of any
illegal or inappropriate use of the Global
Feather Website.
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