Terms of Use

This web site, www.twentysixletters.com.au and its related pages (Website) are owned and operated by Twenty Six Letters (ABN 83 718 891 349) (Firm). Your access to, browsing, contributions to and use of this Website are subject to the following terms and conditions of use (Terms) and other terms and conditions on the Website, as well as all applicable laws, rules and regulations. By accessing or using this Website you accept and agree to the Terms. The Terms may be revised or updated from time to time by the Firm and notified as set out in these Terms.

1. Content

All text, images, trademarks (registered or unregistered), graphics, photographs, designs, icons, logos and service marks (Content) and selection, arrangement or "look and feel" of all content contained on the Website, is the property of the Firm or third parties who have granted the Firm permission to use it on the Website and is protected by international copyright, design and trademark laws. Your right to use the Content is limited only to those rights expressly set out in the Terms.

2. Use

To use the Website you may be required to register, which will involve submitting data, and by doing so you agree all data provided is accurate, true and up-to-date in all respects and at all times. The Firm reserves the right to refuse data or registrations at its sole discretion. Breaches of these Terms will allow the Firm to lock or delete any registration and not accept any further or future registration.

The Firm grants you a revocable limited non-exclusive license to access, browse or contribute to experience the Website or use the Content on your computer or similar device and download and use downloadable Content for personal, private or domestic purposes or the sole purpose of ordering products from the Website and except as expressly permitted herein or on the Website, or with the Firm’s prior written permission, you are prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using Content available via this Website for commercial or public purposes, including but not limited to use as meta tags or linking the Website or Content on other pages or sites on the world wide web.

You are not allowed to damage, interfere with or disrupt access to the Website or the Content or engage in any other conduct that will or may restrict or limit any other person from using or accessing the Website or the Content.

You, upon contributing or providing content of any kind to the Website, immediately grant the Firm a license to use it for the purpose for which it was given. You acknowledge that this clause if sufficient to give effect to the license. You acknowledge that any contribution you make to or via the Website, does not in any way give you a right, title or interest in the Content or the Website but you warrant to the Firm you have all necessary rights, including copyright, in the content you are contributing and have not granted any rights inconsistent with any rights granted under these Terms, it is not unlawful, defamatory, false or misleading, in violation of laws including privacy, harassment or discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or a solicitation and there is currently no claim or dispute with any party about any ownership or use of it. You must be over the age of 18 to make contributions. All material published on the Website is at the Firm’s sole discretion and it may be edited, removed or republished.

3. Special terms and conditions

These Terms shall only apply to this Website. This Website may contain links to websites and the content of third parties (Third Party Content) as a service to you. The Firm does not monitor, review or update, and does not have any control over, any Third Party Content or third party websites. Unless expressly stated otherwise, the Firm does not endorse or adopt any Third Party Content and makes no representation, warranty or guarantee as to accuracy, completeness, timeliness or reliability of any Third Party Content. If you use these links and the Third Party Content, you do so entirely at your own risk. In addition, reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply any endorsement, sponsorship or recommendation by the Firm.

4. No Warranties

The Website and Content are provided "as is" without warranty of any kind, express or implied. Except to the extent required by the law, the Firm does not make any representations or warranties as to the Website, including but not limited to, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, informational content, system integration or accuracy and the express warranty of quiet enjoyment. The Firm does not represent or warrant that the Website or its server(s), applications or functionalities are free of viruses or other harmful components, and you bear the entire risk of losses or damages that you may incur or suffer as a result of any use of or visit to this website. The Firm does not guarantee continuous, uninterrupted, error-free or secure access to the Website or its services, since the operation of the Website may be interfered with by numerous factors outside of the Firm’s control.

5. Limitation of Liability

Except to the extent required by the law, the Firm specifically disclaims all or any liability arising from your access to or use of the Website and in no event will the Firm, its subsidiaries, affiliates, officers, directors, shareholders, employees or agents be liable for any loss or damage of any kind, including indirect, incidental, consequential, punitive, or special damages or any loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with access to or use of the Website (even if the Firm has been advised of the possibility of such damages), including associated with any viruses, macros, or other disabling software that may infect your computer equipment. In any event, the Firm’s total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) will now exceed the amount paid by you, if any, for accessing the Website.

6. Indemnification

You agree to indemnify and hold harmless the Firm and its subsidiaries, affiliates, officers, directors, agents, shareholders, employees or agents from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of any party. You also agree to indemnify the Firm from any and all damage you may cause the Firm, its business, or the Website due to your interaction with the Website including without limitation your contributions, if any to the Website.

7. Termination

The Firm reserves the right, without notice and in its sole discretion, to restrict or terminate your ability to use this Website, and to limit, block or prevent access to and use of this Website, including access to and use of your account or orders, without any liability to you. Failure by you to abide by these Terms revokes your authorisation to use the Website and its services, including any license granted.

8. Updates and Revisions

You acknowledge and agree you will be bound by updates and revisions to these Terms and will have had an opportunity to review them. The Firm recommends you periodically visit this page to review and familiarize yourself with all Terms and review the Website generally to familiarize yourself with updates or revisions.

9. Privacy Policy

The Firm’s Privacy Policy at www.twentysixletters.com.au forms part of these Terms and governs the use of the Website and collection, use and disclosure of the Consumer’s personal information respectively and by agreeing to the Terms the Consumer is also agreeing to the Privacy Policy. The Firm’s Terms of Sale will apply to you too if you make or proceed with any part of an order on the Website.

10. General

If either party fails to do anything it is entitled to under these Terms that does not amount to a waiver of that right. Any waiver or variation must be in writing. If any clause or part of a clause is illegal or unenforceable, it is to be treated as removed, but the rest of this document is not affected. Any references to a party include their agents, officers, employees or assigns. These Terms are interpreted under and governed by laws and jurisdiction of the courts of Victoria, Australia.

[V.1 dated 25 February 2010]