Conditions of use
Effective Date: 5 November 2014
Terms & Conditions (Australia)
Shanga may present information and content, including but not limited to, articles, opinions, text, statistics, data, product information, time stamps, software applications, commentary, advertisements, graphics, photographs, illustrations, calendars, designs, games, reviews, video and audio files, buttons, icons, programs and code, in addition to User Generated Content (as defined herein) (collectively, "Content"), that is owned or licensed by the Company. The Services may also include materials, applications and information owned by third parties and made available through the Services by virtue of a license, grant or some other form of agreement between the third party and Shanga.
Other than where required by law, Shanga is not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy, reliability, timeliness or completeness of Content, including without limitation the description, availability or effectiveness of any product. Other than where required by law, Shanga does not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Services.
User Generated Content. Shanga does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising from any content posted by any user. User Generated Content submitted through the Services is not necessarily reviewed by Shanga prior to posting or at any time. If the Company chooses, in its sole discretion, to monitor any Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.
Certain portions of the Services may offer you the ability to send (by e-mail or otherwise) messages directly to Shanga or another user. To the extent permitted by law, the Company shall have no liability for any delay, loss or damage that may result from your use of such features or from interception or unauthorised use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Services.
User Disputes. Shanga reserves the right - but has no obligation to monitor - disputes between users. In the event a dispute arises between you and Shanga or any third party, please e-mail the Company at email@example.com and we will work quickly towards a resolution. Shanga will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal third party conduct to local law enforcement.
Ownership and Use of Content. Except as otherwise set forth herein, as between you and Shanga, all Content is owned by Shanga and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Shanga. Please contact us at firstname.lastname@example.org with any licensing inquiries.
In addition to the above, except as described by the limited licenses herein, or required by law, neither Content nor any portion of the Services may be used, reproduced, duplicated, copied, sold, resold, modified or exploited in whole or in part for any purpose without the express written consent of Shanga.
By providing information or posting Content through the Services, you hereby grant the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, edit, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such Content for any purpose, commercial, advertising, or otherwise, on or in connection with any product, the Services or the promotion thereof. Shanga does not assert ownership over your User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of User Generated Content created by you.
By submitting User Generated Content on or through the Services, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company the rights described herein. You acknowledge that the Company has relied upon this representation. Accordingly, you further agree to defend and hold harmless the Company, its parents, affiliates and subsidiaries, together with their respective employees, agents, officers, directors, shareholders and licensees (the "Shanga Parties"), from and against any and all threats and claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by any third party against the Shanga Parties in connection with your User Generated Content and reimburse the Shanga Parties for any loss, damage or costs incurred as a result.
Limitation of Use. You agree that you will neither post nor submit any User Generated Content that:
is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
violates the copyright, trademark or other intellectual property rights of any other person or Shanga;
is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
is for the purpose of spamming or promoting goods or services without our prior authorisation;
is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
is libellous or invasive of privacy or publicity rights or any other third party rights.
Furthermore, Shanga grants you a limited, revocable and non-exclusive license to access and make personal use of the Site, and you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal information about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, (iii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Shanga, the Services, or their users; or (iv) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user or Shanga.
Intellectual Property. Shanga and third party trademarks and service marks may or may not be designated as such from time-to-time through the TM or ® symbols. Except when included in any authorised printouts of the Content, you are not authorised to make use of any names, logos or taglines posted through the Services, whether or not designated by such symbols, including without limitation as metatags or in any other fashion without the express prior written permission of the Company in each instance. Nothing herein grants you any right, title or interest in any Shanga names, trade names, trademarks, service marks, taglines, logos, patents, patent applications, formulas, technology or designs (whether or not the subject of a patent application) (together, "Shanga IP"). At no time during or after the term of this Agreement shall any user, either directly or through any third party or agent (i) challenge or assist others to challenge the Shanga IP or the registration thereof; (ii) attempt to use or register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the Shanga IP, or domain names incorporating any of the same; or (iii) incorporate any Shanga IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any Shanga marks, names or designations by operation of law or otherwise, you will immediately upon request from Shanga, and at no expense to Shanga, assign such rights, registrations and applications to Shanga or its designee.
If you have reason to believe that your copyright has been infringed, please send an email or written notice to our Designated Agent, Renuka Sharma by email at email@example.com or by post c/- Shanga, 41, 40-44 Belmont Street, Sutherland NSW 2232, Australia or by phone on +61 2 9521 8231, for notices of infringement and provide the following information: (i) identification of the copyrighted work(s) that you believe has been infringed and confirmation that you are the copyright owner or authorised to act on the copyright owner's behalf; (ii) description of the material that you claim is infringing and location of the material in our Services; (iii)_your contact information including your address, telephone number and email address.
Note: All powers (if any) conferred on you by section 26 Trade Mark Act 1995 (Cth) are expressly excluded.
Registration and Security. In connection with your use of the Services, you may establish or otherwise receive Shanga user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Services.
You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms ("Registration Information") and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorise Shanga, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. Shanga reserves the right to pursue legal actions against all persons who misrepresent personal information in any transactions or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Shanga cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.
Site Transactions Products offered through the Services are offered subject to availability. We do not accept any backorders. While we do our best to ensure that product and pricing information is current and complete, Shanga is not liable to the extent permitted by law, for inaccurate information or for any information that has been omitted or is out of date. Prices for products are quoted in AUD dollars and are valid only in Australia. Shanga may, from time to time, offer promotions for shipping and other discounts on product purchases. To qualify for free Registered Post shipping, your expenditure must be $100.00 or more. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to refuse or cancel any order you place with us at our sole discretion. In the event we cancel an order, we will attempt to notify you using the contact information provided at the time the order was made. If the order has been cancelled and payment has been processed we will refund to you the full payment amount.
Any Samples provided are for personal use only. Unless you are registered as a Brand Ambassador, you may not sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us. By entering into any transaction through the Services, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Services. Furthermore, you warrant and represent that you are not a dealer, reseller or distributor. If, in our sole discretion, we determine that (a) your means of payment is not valid, (b) a transaction is not authorised, (c) your means of payment cannot be processed or verified at the time of any charge (d) a charge is disputed for any reason other than failure by Shanga to deliver the product purchased by you, (e) you have abused or misused promotions or promotion codes, or (f) you have otherwise used the Services to enter into an improper transaction, the Company reserves the right to immediately terminate any pending transactions, suspend your access to the Services, and terminate all of Shanga's obligations hereunder.
Notwithstanding anything herein to the contrary, if you dispute any payment transaction, you will notify Shanga of the dispute within 60 days from the date of the applicable transaction and use reasonable, good faith efforts to resolve such dispute with Shanga directly. You can e-mail details regarding your dispute to firstname.lastname@example.org. You must pay for goods at the time you place your order. You may pay using the agreed purchase methods which are set out on the relevant payment page within the Services.
We will take payment for all amounts owing at the time of processing your order. Payment must be cleared before goods will be despatched to you.
Delivery. Once your order has been accepted, Shanga will process your order by packing and arranging for delivery of the goods to you.
Shanga will determine the most appropriate means of delivering goods to you depending on your location and any election of delivery method received from you where the Services permit such an election.
Depending on your location within Australia, the delivery time will usually be within 7 to 10 business days from the time that Shanga processes your order. We cannot guarantee or provide a day of the week or time of day for delivery.
We accept no responsibility for deliveries to incorrect or incomplete addresses provided by customers. If you provide an incorrect address and delivery is completed, you will be responsible for the purchase. If you provide an incorrect address and delivery is not completed, the order will be returned to us and you will be responsible for any charges incurred in re-delivering the goods to the correct address.
Risk and title in goods purchased from the Company will pass to you upon delivery of the goods at your nominated delivery address. We accept no responsibility for damage caused to goods after delivery.
Prices and Payments. You agree to pay all charges and fees applicable to your transaction, including without limitation, GST and shipping and handling, in accordance with the billing terms that were in effect at the time the charges or fees became payable. In compliance with Australian law, all prices are GST inclusive. Shanga reserves the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you).
All returns must be made within a reasonable time, preferably within 30 days from purchase. All merchandise must be accompanied by a valid receipt. The customer is entitled to an exchange or refund to the same method of payment as the initial purchase. No exchange or refund applies to gift vouchers or promotional items unless faulty. Shanga is committed to its obligations to consumers under the Australian Consumer Law. Each request for an exchange or refund will be dealt with on its merits in accordance with Shanga's legal obligations.
Not all of the Services are available in all geographic areas, and we reserve the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any jurisdiction or country that would subject Shanga or its licensees or affiliates to any registration requirement within such jurisdiction or country.
DISCLAIMER OF WARRANTIES:
"Released Parties" include Shanga and its affiliates, subsidiaries, officers, employees, agents, partners, Business Owners, licensors, licensees, resellers and distributors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE Service AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service IS AT YOUR SOLE RISK, AND THE Service AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Released Parties DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS AND SERVICES OFFERED BY THE RELEASED PARTIES OR OTHER PERSONS ON OR THROUGH THE Service, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. Released Parties DO NOT WARRANT THAT (A) THE Service AND THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Service ARE ACCURATE, UN-INTERRUPTED, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS Service WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (C) THE Service OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service WILL MEET YOUR REQUIREMENTS, (D) THE QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE ON THE Service WILL MEET YOUR EXPECTATIONS, OR (E) THE Service OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS Service MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Service IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Released Parties DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST Released Parties WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY ServiceS (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). Released Parties MAY IMPROVE, SUSPEND, OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS Service AT ANY TIME WITHOUT NOTICE OR LIABILITY. Released Parties ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS Service OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS Service.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT TO THE EXTENT PERMITTED BY LAW, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THEIR PROPERTY ARISING FROM USE OF THE SERVICES OR THE CONTENT. SHANGA SHALL NOT BE RESPONSIBLE FOR SHIPPING OR FULFILLMENT DELAYS, THE CANCELLATION OF ANY TRANSACTION OR THE UNAVAILABILITY OF ANY PRODUCT.
TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE PRODUCTS, SERVICES AND CONTENT ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
Consent to Receive Notices Electronically by Posting on the Site and Via Email. You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at email@example.com and discontinue your use of the Services. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.