Disclaimer
Aboriginal and Torres Strait Islander peoples, this website may contain the names, images, artworks and stories of people who have passed away.
Access and use
Your access to, and use of the materials contained in, the Website (regardless of whether or not your access or use is intended) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website.
Terms of Use
Your use of, and access to, the Website constitutes your agreement to the Terms of Use. Kaiela Arts Shepparton reserves the right to amend the Terms of Use without notice at any time. It is therefore important that you read this page regularly to ensure you are aware of any changes. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Website. Please read the Terms of Use carefully and save them. Any questions or comments regarding, or problems with, the Website should be sent to the site administrator immediately.
Copyright in the Content on the Website
The copyright subsisting in all information, text, material, graphics, software, advertisements and other material on the Website (Content) is owned by either Kaiela Arts Shepparton, its suppliers or licensors (as the case may be) unless expressly indicated otherwise on the Website.
You must not modify, copy, reproduce, communicate to the public, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for on the Website or expressly authorised in writing by Kaiela Arts Shepparton or the owner of the copyright subsisting in the Content. The use of materials from the Website on any other website or networked computer environment is similarly prohibited. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Kaiela Arts Shepparton or the owner of the copyright subsisting in the Content or which is prohibited by the Terms of Use.
All rights not expressly granted in the Terms of Use are reserved.
Copyright in other material
Kaiela Arts Shepparton makes no warranties or representations that material on other websites to which the Content is linked does not infringe the intellectual property rights of any person anywhere in the world.
Kaiela Arts Shepparton is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other websites by linking that material.
Trademarks
All trademarks displayed on the Website are trademarks of their respective owners. Nothing contained on the Website should be construed as granting any licence or right of use of any trademark displayed on the Website without the express written permission of Kaiela Arts Shepparton, the relevant Kaiela Arts Shepparton affiliate or third party owner.
Content
Changes are made periodically to the Content and the Content could include technical inaccuracies or typographical errors.
Content not legal advice
The Content is a summary only of the subject matter covered, without an assumption of a duty of care by Kaiela Arts Shepparton or its contributors. The summary is not intended to be nor should it be relied on as a substitute for legal or other professional advice.
Links
The Website contains hypertext reference links and other pointers to internet websites operated by third parties. These linked websites are not under the control of Kaiela Arts Shepparton, and Kaiela Arts Shepparton is not responsible for the contents of any linked website or any hypertext reference link contained in a linked website. Kaiela Arts Shepparton provides these links to you as a convenience only, and the inclusion of any link does not imply any sponsorship or endorsement of the linked website, or approval of any material on the website, by Kaiela Arts Shepparton. Kaiela Arts Shepparton makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which Content is linked. You link to any such website entirely at your own risk. When visiting other websites you should refer to each such website’s individual terms of use and not rely on this agreement.
Advertising and third party offers
The Website also contains third party advertisements (including banner ads) which contain embedded hypertext reference links or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hypertext reference links) are not recommendations or endorsements by Kaiela Arts Shepparton or its directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its goods or services. Kaiela Arts Shepparton takes no responsibility for third party advertisements posted on the Website.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by Kaiela Arts Shepparton, and the third party advertiser is solely responsible to you for all aspects of processing and delivery of any goods or services you purchase on the third party website (e.g. processing payments, cancellations and returns, and customer service and complaints).
On certain occasions, Kaiela Arts Shepparton will provide you with the opportunity to purchase goods or services from third party suppliers or carriers (on these occasions, Kaiela Arts Shepparton does not offer the goods or services itself). Kaiela Arts Shepparton does not accept any responsibility whatsoever for the acts or omissions of any such third party, and does not warrant the accuracy, completeness, or fitness for purpose of any such goods or services or that such goods or services comply with all applicable product safety and consumer product information standards. Any purchase of goods or services you may make from any such third party will be a separate contract with that third party supplier for those goods or services. Such purchases may be subject to separate terms and conditions imposed by that third party supplier. It is your responsibility to find out the terms and conditions imposed by that third party supplier on any transactions you may carry out.
Kaiela Arts Shepparton is not in any way responsible or liable for any failure in relation to:
(a) the communication from you to that third party;
(b) that third party’s failure to deliver the goods or services ordered;
(c) the condition of the goods or services on delivery;
(d) the payment of any goods or services tax (or similar tax) payable on the supply by that third party of the goods or services or the importation of the goods and services by you; and
(e) any loss incurred by you through currency fluctuations when purchasing the goods or services from that third party.
In certain circumstances, Kaiela Arts Shepparton may receive a fee from certain advertisers when a user:
(a) who has entered the advertiser’s website from the Website undertakes certain transactions on or in relation to that advertiser’s website; or
(b) purchases certain goods or services by faxing or otherwise placing an order for those goods or services using an order form downloaded from the Website.
Disclaimer of liability and warranties
The Trade Practices Act 1974 (Commonwealth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision Kaiela Arts Shepparton of goods or services on the Website which cannot be excluded, restricted or modified (Non-excludable Rights). Kaiela Arts Shepparton does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
(a) all Content is provided without warranties of any kind, either express or implied;
(b) Kaiela Arts Shepparton makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for a particular purpose of any Content;
(c) Kaiela Arts Shepparton does not warrant or represent that:
(i) the Content will not cause any damage;
(ii) the functions contained in any Content, or your access to the Website, will be reliable, uninterrupted or error-free;
(iii) any defects will be corrected; or
(iv) that the Website or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors;
(d) Kaiela Arts Shepparton does not warrant or make any representation regarding:
(i) your access to, or the results of your access to, the Website (including any related or linked websites);
(ii) the functionality of links to other websites, the security of those websites or the reliability or accuracy of the information contained on those websites; or
(iii) any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;
(e) you assume the entire cost of any necessary verification of any relevant Content which you wish to have verified; and
(f) you agree that you use the Website and rely on material contained in the Website at your own risk.
You should make your own inquiries before entering into any transaction on the basis of the Contents. Kaiela Arts Shepparton does not check the accuracy of the Contents and neither Kaiela Arts Shepparton nor any other party providing material displayed on the Website is under any obligation to give notice of any corrections or amendments.
You acknowledge that Kaiela Arts Shepparton is not liable for:
(a) any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or
(b) the theft, destruction, damage or unauthorised access to your computer system or network.
Under no circumstances (including but not limited to any act or omission on the part of Kaiela Arts Shepparton ) will Kaiela Arts Shepparton be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Kaiela Arts Shepparton does not exert control over users of the Website and is not liable either for their opinions or their behaviour including any information or advice and any defamatory statements, or offensive or illegal conduct.
To the fullest extent permitted by law, Kaiela Arts Shepparton ‘s liability for breach of any implied warranty or condition which
Cannot be excluded is limited at the option of Kaiela Arts Shepparton to the following:
(a) in the case of services supplied or offered by Kaiela Arts Shepparton:
(i) the supply of the services again; or
(ii) the payment of the cost of having services supplied again; and
(b) in the case of goods supplied or offered by Kaiela Arts Shepparton:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
Indemnity
You agree to indemnify Kaiela Arts Shepparton (its respective parents and affiliates and their respective employees and officers) against any loss or damage suffered, or costs incurred, by them in connection with your use of the Website or any breach by you of the Terms of Use or any other legal obligation.
Compliance with laws outside Australia
Kaiela Arts Shepparton makes no representation that the Content or the Website complies with laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
Termination
Kaiela Arts Shepparton may at any time without notice immediately terminate this agreement and your use and access to the Website. In the event of termination, you are no longer authorised to use or access the Website, however, all restrictions imposed on you and all Kaiela Arts Shepparton disclaimers and limitations of liability set out in the Terms of Use survive the termination.
Governing law
This agreement will be governed by and construed according to the laws of Victoria, Australia without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of the courts and tribunals of Victoria.
Severability
If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from that provision which will be deemed deleted.
