1.1 Commitment. Welcome to www.parkerandmorgan.com (the “Site”). Parker & Morgan will comply with all relevant laws, regulations and our own company policies regarding “Fair Trading”. Parker & Morgan’s policy is to adhere to the Trade Practices Act, state legislation and related company policies. All policies and procedures will reflect this commitment. We will act and make decisions in accordance with this commitment to Fair Trading. We are committed to ensuring that all of our business activities that we conduct with customers, suppliers and competitors are beyond reproach and reflect the highest levels of integrity and ethical behavior. We are committed to open and honest communications about our products with our customers, suppliers and employees.
1.2 Agreement. Your access to and use of the Site is subject to the following terms and conditions and all applicable laws. By accessing and using the Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, please exit the Site immediately.
1.3 Modification. Parker & Morgan shall have the right to amend or modify the Terms of Use or impose new conditions at any time with or without notice. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to these Terms of Use will constitute your acceptance of any such changes.
2.1 Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
2.2 Accuracy of Information. Parker & Morgan attempts to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
3.1 Copyright. The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned by PARKER & MORGAN or licensed by third parties (“Licensors”) to PARKER & MORGAN, subject to copyright and other intellectual property rights under the law. PARKER & MORGAN and the Licensors retain all rights, including copyright, in the Content on the Site and the files related thereto.
3.2 Approved Use. Content on the Site is provided to you “as is” for your information and personal use only. Unauthorized commercial use or publication of Content contained in the Site is specifically prohibited. Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for commercial use, publication or any other purposes whatsoever without the prior written consent of PARKER & MORGAN. Written consent by PARKER & MORGAN for such use is granted on a case-by-case basis at the sole discretion of PARKER & MORGAN and Licensors. PARKER & MORGAN reserves all rights not expressly granted in and to the Content.
3.3 Security Features. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
3.4 Permission for Reproduction. To request permission and written consent from PARKER & MORGAN for reproduction of materials contained on the Site please write to:
Mr. Stephen LaCava
Parker & Morgan (Australia) Pty Ltd
PO Box 6242
South Sydney Business Hub
Alexandria NSW 2015
4. MODIFICATION OF SITE OR CONTENT
4.1 Right to Modify. PARKER & MORGAN continuously updates and changes the Site’s Content, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any aspect or feature of the Site with or without notice. Through your use of the Site, you agree that PARKER&MORGAN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or its Content.
5.1 No Liability for Third Party Content. The Site includes third party content which PARKER&MORGAN posts for informational purposes only. PARKER & MORGAN CANNOT AND DOES NOT DETERMINE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF THE CONTENT PROVIDED AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATING TO ANY THIRD PARTY CONTENT LISTED.
6.1 Remedies. Upon your breach of any of these Terms of Use, in addition to any remedies set forth in any license agreement, PARKER & MORGAN’s remedies shall include any monetary benefits that accrued to you or to the authorized users as a result of the breach, any damages incurred by PARKER & MORGAN related to such breach, and any other damages and relief available at law or in equity.
7. USER CONTENT SUBMITTED TO PARKER&MORGAN
7.1 Submissions. We welcome your comments regarding the Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "User Comments") sent to parkerandmorgan.com shall be and remain the exclusive property of Parker&Morgan. Your submission of any such User Comments shall constitute an assignment to Parker&Morgan of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the User Comments. Parker&Morgan will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
7.1 Submissions. We welcome your comments regarding the Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "User Comments") sent to parkerandmorgan.com shall be and remain the exclusive property of Parker & Morgan. Your submission of any such User Comments shall constitute an assignment to Parker & Morgan of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the User Comments. Parker & Morgan will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
7.2 Gift Messages. The Parker & Morgan gift message service is subject to the following guidelines. Do not use obscene, profane or threatening language in gift messages. Examples of the kinds of conduct or content that are prohibited in Parker & Morgan gift messages include:
The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation, or Parker & Morgan rule or policy.
The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
The impersonation of any person or entity in any part of a gift message. We may, but are not obligated to, restrict or remove any and all content from a gift message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Parker & Morgan customers, or any third party.
8. TREATMENT OF SALES TAX
8.1 Goods & Services Tax (GST). We are required by law to charge applicable GST on all products sold as well as shipping & handling charges.
9.1 Disclaimers. YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER PARKER & MORGAN NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS SITE. THE MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER PARKER & MORGAN NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PARKER & MORGAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PARKER & MORGAN HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
10. LIMITATION OF LIABILITY
10.1 Limitation Of Liability. Parker & Morgan does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site or your downloading of any materials, from the Site. IN NO EVENT WILL PARKER & MORGAN, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.
11.1 Indemnity. You agree to defend, indemnify and hold Parker & Morgan harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
12. STATUTE OF LIMITATIONS
12.1 Statute of limitations. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
13.1 Your Liability. If you cause a technical disruption of the Site or Content or the systems transmitting them to you or others, you agree to be responsible for any and all liabilities, costs and expenses (including legal fees) arising from that disruption.
14. CHOICE OF FORUM, CHOICE OF LAW, AND JURISDICTION
14.1 Choice of Forum, Choice of Law, and Jurisdiction. These Terms of Use shall be construed in accordance with the laws of the State of New South Wales applicable to agreements that are executed and fully performed within said state. All disputes arising out of these Terms of Use shall be exclusively resolved and adjudicated in the federal and state courts of New South Wales. Each of the parties hereby submits to the exclusive jurisdiction and venue of said courts and waives its rights to have disputes arising out of these Terms of Use adjudicated in any other forum.