Terms & Conditions

Terms and Conditions of Use

Acceptance of Purchasing Information

By choosing to purchase, you accept the purchasing terms and conditions as outlined in the Purchasing Information page on this (PARTY MATTERS) website.

Preamble

This website (the "Site") is owned and operated by PARTY MATTERS ("PARTY MATTERS"). By viewing or using our Site, you agree to these Terms and Conditions. PARTY MATTERS reserves the right to amend, change or modify these Terms and Conditions at any time, with or without notice to you. By using the Site after we post any such changes, you hereby agree to such modified terms. If you do not agree to any of these Terms or Conditions or any changes made by PARTY MATTERS hereafter, you may simply exit the Site.

The content that appears on our Site is for informational purposes only. We do our best to ensure that the information posted on the Site is timely and accurate; however, errors do appear from time to time. We are not responsible for any third party to whose website we link. We may from time to time place a button or link to the website of another individual or company. Any links on this Site are designed for convenience only, and do not constitute an endorsement by PARTY MATTERS of that site, its owner or host or the products or services offered or listed on such site.

All text, images, graphics, logos, icons, design elements, trademarks, trade dress and other Site content, as well as the specific arrangement thereof, are Copyright 2009, PARTY MATTERS. All Rights Reserved.

Applicable Law

This Site is administered by PARTY MATTERS from its premises in Adelaide, Australia. These Terms shall be governed by and construed in accordance with the laws of the State of South Australia, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of this Site must be commenced in the appropriate court in the State of South Australia. If you use this Site from locations outside of South Australia, you are solely responsible for compliance with your local laws.

If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions. PARTY MATTERS may revise these Terms at any time by updating this posting. You are bound by such revisions and should therefore regularly revisit this page to review the then current Terms by which you are bound.

Linking and Framing

As a matter of policy, PARTY MATTERS does not permit you to create or post a link or a frame to this Site without PARTY MATTERS prior written approval. If you wish to link to the Site, please contact us at info@partymatters.com.au , to apply for permission to do so.

Viruses

PARTY MATTERS cannot and does not guarantee or warrant that any files available for downloading through this Site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are solely responsible for ensuring that you have in place appropriate procedures for the backing up and restoration of your data.

Limitation of Liability

To the maximum extent permitted under the law, in no event will PARTY MATTERS and its employees be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Site, any web sites linked to this Site, or the materials or information contained at any or all such sites. If circumstance arise where you are entitled to claim damages from PARTY MATTERS notwithstanding the provisions of these Terms, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us including, without limitation, negligence) is limited to the provision of the services again or the cost of providing the services again (at our election).

Privacy

You should not give any personal information to us (including your name, address, telephone number and e-mail address) unless you provide it to us voluntarily. You agree that any materials (including without limitation comments, feedback and information) provided by you in connection with this Site will be considered non-confidential and non-proprietary. PARTY MATTERS shall have no obligation of any kind with respect to such materials and shall be free to use or disseminate such materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the materials that you submit, and that you, not PARTY MATTERS, assume full responsibility for the materials including their legality, reliability, appropriateness, originality and copyright.

Disclaimer of warranties

You expressly agree that use of the Site is at your own risk. Neither PARTY MATTERS, its affiliates nor any of their respective employees, agents, officers, directors, shareholders, third party content providers or licensors warrant that the Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Site. The Site is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. You specifically acknowledge that PARTY MATTERS is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

In no event will PARTY MATTERS or any person or entity involved in creating, producing or distributing the Site or the software used in connection with the Site, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Site. You hereby acknowledge that the provisions of this section shall apply to all content on the Site.

In no event shall PARTY MATTERS (including its employees, directors, and agents) be liable to you or any third party for any damages whatsoever (including without limitation any special, indirect, or consequential damages, and damages resulting from loss of use, loss of data, loss of profits, or business interruption) arising out of the use of or inability to use the Site or any hyperlinked website, even if PARTY MATTERS has been advised of the possibility of such damages. Some states and/or countries do not allow the exclusion or limitation of certain categories of damages and as a result, some of the above limitations may not apply to you. In such states and/or countries, the liability of PARTY MATTERS is limited to the fullest extent permitted by law.

Content You Post

You agree not to post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without PARTY MATTERS express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in PARTY MATTERS discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on line services, whether or not such other services are competitive with PARTY MATTERS. By submitting material to any public area of the Site, including but not limited to chat rooms, you automatically grant (or warrant that the owner of such material has expressly granted) PARTY MATTERS the royalty free, perpetual, irrevocable, non exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store or reproduce the material for that user's personal use. You hereby grant PARTY MATTERS the right to edit, copy, publish and distribute any material made available on the Site by you. PARTY MATTERS shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and forums, to determine compliance with these Terms and Conditions or any operating rules established by PARTY MATTERS and to satisfy any law, regulation or authorized government request. PARTY MATTERS shall have the right in its own discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, PARTY MATTERS shall have the right to remove, at any time and without notice to you, any material that PARTY MATTERS, in its own discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Termination

This agreement is effective until terminated by PARTY MATTERS, at any time without notice. In the event of termination, you are no longer authorized to access this Site and the restrictions imposed on you with respect to the Site Content as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.