In order to use the Vanishing Elephant Online Store you must read and agree to our Terms & Conditions. They are for your protection and outline our obligations to you.
TERMS & CONDITIONS
Vanishing Elephant Pty Ltd ("Vanishing Elephant")
Last updated 1st March 2013
This Website is owned and operated by Vanishing Elephant Pty Ltd (ABN 77 133 729 987), trading as Vanishing Elephant.
These Terms and Conditions govern the use of the Vanishing Elephant website ("Site"), the materials and information contained therein and related services made available to you via this Site. By accessing or using this Site in any manner, 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. Vanishing Elephant 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.
Vanishing Elephant, its representatives and associated agents are not liable to you or any other person 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 specific warning or disclaimer contained herein.
EXCLUSION OF LIABILITY AND OVERALL DISCLAIMER
The materials and information provided on this Site and related communications are provided on an "as is" basis. Vanishing Elephant 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 Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Vanishing Elephant.
Subject to any non-excludable provisions in the Competition and Consumer Act, 2010 (Cth) (the “Act”), Vanishing Elephant 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. Vanishing Elephant will 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 Vanishing Elephant is expressly advised of the possibility of such loss or damages.
These Terms and Conditions are effective until terminated by Vanishing Elephant and Vanishing Elephant 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.
USE OF THIS WEBSITE
You will be required to register to use some of the features on this Site. Vanishing Elephant 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 amend your details, or notify us immediately at the following e-mail address firstname.lastname@example.org
In consideration of your use of all Vanishing Elephant offers, discounts and promotions, you hereby represent that you are of legal age and agree to provide true, accurate and current information about yourself as prompted through the Site’s registration. If you do provide details that are untrue, inaccurate, not current or complete, Vanishing Elephant has the right to suspend or terminate your account and refuse all current or future use of the Site. If you use the Site you are entirely responsible for maintaining the confidentiality of your access including but not limited to, your account registration, password and restricting access for any person other than yourself, to your computer. You agree that you accept responsibility for any and all activity that occurs under use of your account and password. As a strict security measure, we advise you to exit your account after each use to avoid unauthorized use. Vanishing Elephant reserves the right to terminate, refuse service, or remove or edit content at its sole discretion.
The content and information on this Site as well as the infrastructure used to provide such consent and information is proprietary to us. You agree not to modify, copy, distribute, transmit, display, reproduce, publish, licence, create derivative works from, transfer, sell or resell any information, software, products or services obtained from or through this Site. You may also not use this Site or its contents for any commercial purpose.
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 Vanishing Elephant or its users.
We will also share your personal data with relevant companies and organisations to the extent necessary for 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 Vanishing Elephant or any other person, through this Site. Any information or material sent to Vanishing Elephant at, or through this Site, is deemed to be not confidential. You are deemed to grant to Vanishing Elephant 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. Vanishing Elephant is free to use any ideas, concepts, know-how or techniques that you send to Vanishing Elephant, for any purpose.
You must comply with all proprietary and copyright notices on this Site. This Website is owned by Vanishing Elephant and its associates, and is 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 Vanishing Elephant.
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 trademark or part of any trademark displayed on the Site without the express written permission of Vanishing Elephant 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 have engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree to indemnity and hold Vanishing Elephant (and it’s officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any demand or claim, including reasonable solicitor’s fees, arising out of or related to your breach of these Terms and Conditions or your violation of any law or the rights of a third party.
LINKS AND THIRD PARTY REPRESENTATION ON THIS WEBSITE
The site may contain hyperlinks to websites operated by third parties ("Third Party Sites"). Such links are provided for your convenience. Unless otherwise indicated, Vanishing Elephant does not control Third Party Sites and is not responsible for their content.
For the avoidance of doubt, Vanishing Elephant makes no representations or warranties about any Third Party Site which you elect to access through this Site. Third Party Sites are not under the control of Vanishing Elephant, and Vanishing Elephant is not responsible for the accuracy of any information on any Third Party Site. Vanishing Elephant does not monitor or review the content of any Other Website. You must take your own precautions to ensure that a Third Party Site that you access by link from this Site is free from viruses, worms, trojan horses and other material of a destructive nature.
LIMITATION OF LIABILITY
Subject to any non-excludable provisions of the Act, Vanishing Elephant 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. In particular, Vanishing Elephant will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for the loss of profits, goodwill, use, data or other intangible losses (even if Vanishing Elephant has been advised of such damages), resulting from use of the Site, content or related services.
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 without regard to its conflict of law provisions 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 Vanishing Elephant's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Vanishing Elephant with respect to that use.
If any of these conditions are deemed invalid, void or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Vanishing Elephant may offer special promotional offers, which may or may not apply to your Vanishing Elephant account. You agree to be bound by any additional terms and conditions for these special offers. Headings are for reference purposes only and do not limit the scope or context of such section.
Vanishing Elephant does not guarantee it will take action against all breaches of these Terms and Conditions. Except as otherwise expressly provided in these Terms and Conditions there shall be no third-party beneficiaries to this these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between you and Vanishing Elephant and governs your use of the Site, superseding any prior agreements between you and Vanishing Elephant with respect to the Site.
In this Site:
"Vanishing Elephant" or "Vanishing Elephant Online Store" means Vanishing Elephant Pty Ltd (ABN 77133 729 987), trading as Vanishing Elephant
"Linked Web Site" means websites of persons or entities other than Vanishing Elephant which are linked to and from this Site.
"Site" means the whole or any part of the web pages located at www.vanishingelephant.com (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.)
"Third Parties" means persons or entities represented on the Site other than Vanishing Elephant.
"We" and "us" refer to Vanishing Elephant, and "our" has the same meaning.
"Your Information" means any information from which your identity is apparent or can be reasonably be ascertained.
Vanishing Elephant Pty Ltd
42 Davies Street
Surry Hills NSW 2010
P: +612 9698 1688