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1 Website User Terms and Conditions
1.1 These terms and conditions (Terms) apply to your use of Boneyard's Website. Please read these Terms carefully before accessing or using the information and services available through the Website. By accessing or using the Website, you agree to be bound by these Terms.
1.2 These Terms may be modified from time to time and you should regularly review these Terms, because they are binding on you.
1.3 Your continued use of the Website and our services constitutes your agreement to these Terms and any modifications to them.
1.4 If you do not agree to, or cannot comply with, these Terms, do not use this Website.
2 Use and Prohibitions
2.1 The Website is only intended for individuals who can form legally binding contracts. By using the Website, you are representing and warranting that you are capable of entering into a legally binding contract.
2.2 The Website Content is the property of Boneyard, its content suppliers and Sellers. Boneyard authorises you to view and access a single copy of the Website Content available on or from the Website subject to the prohibitions and limitations in these Terms.
2.3 Boneyard specifically prohibits and you agree not to:
2.3.1 use the Website in violation of any applicable law or regulation;
2.3.2 use the Website to transmit, distribute, store or destroy material, including without limitation Website Content, in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of Boneyard or others or violate the privacy, publicity or other personal rights of others;
2.3.3 sell, modify or delete the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose;
2.3.4 access data not intended for you or logging into a server or account which you are not authorised to access;
2.3.5 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
2.3.6 use the Website to transmit, distribute, store or destroy material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity, or contains sexually explicit images or statements;
2.3.7 copy or adapt the HMTL code created to generate any Website Content or the pages making up the Website;
2.3.8 impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
2.3.9 collect or store data about other users or merchants, including e-mail addresses;
2.3.10 harass any individual or breach the National Privacy Principles as set out by the Privacy Act 1988 (Cth);
2.3.11 send unsolicited mail or email, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Website;
2.3.12 use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including without limitation, material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
2.3.13 attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or
2.3.14 frame or link to any Website Content or information available from the Website.
2.4 You acknowledge and agree to be responsible for your own communications and are responsible for the consequences of your actions.
2.5 Neither Boneyard nor its Personnel recommend or endorse the content or privacy practices of any third party sites which may be linked to or from Boneyard, or products or services of any third party organisations mentioned or described on the Website or linked to or from this Website. you acknowledge that you enter any third party sites at your own risk and that Boneyard is not responsible for third party sites.
2.6 The Website may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Boneyard nor its Personnel recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.
3 Registration
Optional Registration
3.1 If you register as a member of the Website, you must provide Boneyard with certain information, including (without limitation) a valid email address.
3.2.1 maintaining the confidentiality of your information and password where you are issued with one as part of the registration process; and
3.2.2 all uses of your account, whether or not authorised by you.
3.3 You may not disclose to, or share your password with any third parties or use your password for any unauthorised purpose.
Boneyard's use of information provided by you
3.4 Boneyard may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application or purchase, in addition to the terms and conditions that may be set forth in any privacy policy on this Website.
3.5 Boneyard will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Boneyard reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter. Such offers may be made by Boneyard or by third parties.
4 Access and Security
4.1 Boneyard reserves the right to deny you access to, or use of, all or part of the Website, without prior notice, if you engage in any conduct that Boneyard believes, in its sole discretion:
4.1.1 violates any term or provision of these Terms;
4.1.2 violates the rights of Boneyard or third parties; or
4.1.3 is otherwise inappropriate for continued access and use of the Website.
4.2 You acknowledge and agree that Boneyard has no obligation to monitor your access to or use of the Website, but has the right to do so for the purpose of operating the Website, or to ensure compliance with these Terms, or to comply with any law or order of a court.
4.3 You are prohibited from violating or attempting to violate the security of any Website. Violations of system or network security may result in civil or criminal liability. Boneyard will investigate occurrences which may involve violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Pricing
5.1 Prices are subject to change at the Seller's discretion without a reason or notice.
5.2 All prices include Boneyard's commission and all other applicable taxes and duties.
Payment and invoices
5.3 Payment must be made using the methods provided on the Website, including, but not limited to, payment by credit card or direct debit.
5.4 Boneyard does not provide or offer any credit facilities.
5.5 Upon payment for a purchase, the Website will generate an invoice. The invoice is based on information provided by you and the Seller and Boneyard is not liable for any incorrect information, misrepresentation, and the invoice does not represent that a transaction was entered into between Boneyard and you.
Delivery
5.6 Orders will not be delivered until full payment has been received by the Seller and the Seller is satisfied with the integrity of the order. All deliveries are co-ordinated by the Seller. Boneyard has no involvement of the delivery of the Product and takes no responsibility for loss or damage to Products.
5.7 It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, Boneyard is under no obligation to re-send the order to the correct address. It is your responsibility to contact the Seller and arrange delivery to the actual address.
5.8 It is your responsibility to inform the Seller directly if an order does not arrive. Boneyard will not be held liable if the order does not arrive.
Returns through the Seller
5.9 If you have any concerns, enquiries regarding the Product, or if the Product is defective in any way, your sole recourse is to contact the Seller directly.
6 Intellectual Property Rights
6.1 The Website Content is protected by copyright, trade mark and other intellectual property laws. Subject to this clause 6, the owner of such content placed on the Website retains any and all rights that may exist in such content.
6.2 The Boneyard logo and name are the property of Boneyard, and may not be used as part of your business or in connection with any goods and services without the prior written consent of Boneyard.
6.3 By submitting content to any public or non-public area on any Website, including message boards, forums, contests and chat rooms, you:
6.3.1 grant Boneyard and its affiliates the royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content;
6.3.2 warrant that the holder of any rights, including moral rights in such content, has effectively waived all such rights and validity and irrevocably granted to you the right to grant the license stated above; and
6.3.3 permit any subscriber to access, display, view, store and reproduce such content for personal use.
7. Liability, indemnity and warranties
Boneyard not acting as agent
7.1 You acknowledge and agree that Boneyard acts as a passive conduit for your online participation and purchasing through the Website. No Products are directly sold by Boneyard through the Website. Boneyard is not acting as an agent for any party, merchant or supplier and does not sell, re-sell or licence any Products listed. Boneyard is not involved with, or a party to any transactions that take place between you and the Seller. Boneyard is not, and can not, be involved in user-to-user dealings and / or control the behaviour of participants on the Website.
7.2 Boneyard, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement in respect of the Website and any Products advertised on it.
7.3 Without limiting clause 7.2 Boneyard does not warrant:
7.3.1 the accuracy, reliability, completeness or timeliness of the Website Content, services, software, text, graphics and links;
7.3.2 that each User of the Website is who they claim to be;
7.3.3 that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. The Website is provided by Boneyard on an “as is” basis without any express or implied warranty of any kind.
7.4 You agree to defend, indemnify and hold harmless Boneyard and its Personnel, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:
7.4.1 any material you provide to the Website;
7.4.2 any Website Content that you use;
7.4.3 your breach of the terms of these Terms; or
7.4.4 any dispute you have with a Seller.
No liability
7.5 Boneyard, Boneyard's Personnel, Boneyard's suppliers, or any other third party mentioned on the Website, will not be liable for any direct or indirect damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website and the Website Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Boneyard is advised of the possibility of such damages.
7.6 Without limiting clause 7.5, Boneyard does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with any Seller in any way.
8. Termination
8.1 Boneyard reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to:
8.1.1 deletion of your postings from the Website;
8.1.2 immediate termination of your account with or ability to access the Website; and / or
8.1.3 immediate termination of any other service provided to you by Boneyard,
upon any breach by you of these Terms, or if Boneyard is unable to verify or authenticate any information you submit to the Website at registration.
8.2 Boneyard reserves the right to inform other users of any breach committed by you.
9. Miscellaneous
Additional terms of use
9.1 Certain areas of the Website are subject to additional terms of use. By using such areas, or any part of, you agree to be bound by the additional terms of use applicable to such areas.
9.2 These Terms contain everything the parties have agreed in relation to the subject matter it deals with. No party can rely on an earlier written document or anything said or done by or on behalf of another party before this document was executed.
Governing law and jurisdiction
9.3 These Terms are governed by the law of the State of Victoria. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis.
9.4 The Website contains links to other websites. These links are provided solely as a convenience to you and not as an endorsement by Boneyard of the contents on such third party websites. Boneyard is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
9.5 Boneyard makes no claims that the Website Content may be lawfully viewed or accessed outside the Territory. Access to the Website Content may not be legal by certain persons or in certain countries.
9.6 If you access the Website from outside the Territory, you do so at your own risk and responsible for compliance with the laws of your jurisdiction.
Resale, assignments and transfers
9.7 You must not resell, assign or transfer any rights or obligations under these Terms.
9.8 You must not make any unauthorized commercial use of the Website.
9.9 Each provision of these Terms is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this document in the relevant jurisdiction, but the rest of this document will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.
10 Definitions and interpretation
Definitions
10.1 In this document the following definitions apply:
Boneyard means Boneyard Holdings Limited (ACN 127 828 657), Unit 12, 246 Windsor Road, Baulkham Hills, New South Wales, 2153.
Personnel means in relation to a party:
(a) that party's director, officer, employee, agent, contractor, financier, professional adviser, invitees, licensees and guests; and
(b) any persons granted security identification cards or keys at the request of that party.
Products means the products available for purchase through the Website whether made available by you or another member.
Seller means the manufacturer or supplier of the Products.
Territory means the country in which you access the Website.
User or Users means the individuals/entities that use, view, or access the Website, including customers, members and Sellers.
Website means www.boneyard.com.
Website Content means any information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website.
Thank you for your cooperation. We hope you find the Website helpful and convenient to use. If you have questions or comments regarding this website please Contact Us
If there are any technical problems with this Website, go to Contact Us
This document last updated May 2008.