Website Terms & Conditions of Use
Please read these terms & conditions which regulate use of this website.
This website is owned and operated by Anaconda® Group Pty Ltd ACN 107 364 563 (“Anaconda"). The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use (“Terms"). References to “us" mean Anaconda and include its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to “you" mean you, the user of the website. By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.
Copyright in website material
All of the material on and in relation to the website is and remains the property of Anaconda at all times, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website except for your own private, non-commercial use. Any other use of the website material constitutes a breach of Anaconda’s copyright and other proprietary rights.
Intellectual Property
Anaconda is the owner or authorised user of all intellectual property in and associated with the website and any improvements and modifications thereto. Anaconda® is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the website.
Nothing contained in the website should be construed as giving you any right in or license to any of the intellectual property, trade marks, logos, names or designs, whether registered or unregistered, associated with the website
Advertising
This website may include advertisements concerning products or services provided by third parties. These advertisements are not recommendations or endorsements by Anaconda. Anaconda does not control the content of and is not responsible for the advertisements. Anaconda will not be held liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred as a result of your use of any goods or services the subject of advertising on the website. Any concerns you have regarding any advertisement on the website should be addressed to the third party advertiser.
Third party sites
This website may contain links to third party websites. These links are not recommendations or endorsements by Anaconda and Anaconda does not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.
Disclaimer
This website is provided to you by Anaconda “as is". To the fullest extent permitted by law, Anaconda® excludes any and all warranties (whether express or implied) relating to the website including, but not limited to, warranties concerning:
a. merchantability and fitness for purpose;
b. the website meeting your particular interests and requirements;
c. the material on the website being accurate, complete or reliable;
d. the website and the server being available and free of defects;
e. the website and the server being free of technical problems or viruses; and
f. the confidentiality of information transmitted to or from the website.
Limitation of liability
To the fullest extent permitted by law, Anaconda excludes any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred, including, but not limited to any loss, damage, cost or expense that results from:
a. your use or misuse of the website or any material on the website;
b. your inability to access or use the website or any material on the website;
c. the loss or modification of information or material transmitted to or from the website;
d. the loss of confidentiality in any information or material transmitted to or from the website;
e. any defect, technical problem or virus attached to or arising from the website or the server;
f. the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website;
g. any injury or illness you or any other person sustains as a result of the use of the website; and
h. the products displayed on the website being unavailable at any time.
Indemnity
You indemnify Anaconda, its subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.
Privacy
Any personally identifiable information that you submit through or in relation to the website is collected and used by Anaconda® in accordance with its Privacy Policy. You can review the Privacy Policy here http://www.anaconda.com.au/Privacy.aspx.
Additional Terms
Additional terms and conditions are attached to certain pages of the website such as the Adventure Club®. You should ensure that you are familiar with and are prepared to abide by these additional requirements before you make use of these particular website pages.
Changes to the website and your access
Anaconda reserves the right to:
a. vary or discontinue the website or any page of the website at any time; and
b. terminate your access to part or all of the website at any time,
but will not do so without providing you with prior notice of its intention to do so. If we vary or discontinue the website or any page of the website please note that notice will be given on the website itself.
Changes to the Terms
Anaconda reserves the right to amend the Terms from time to time. Amended Terms come into effect from the time they are posted on the website. You should review this page regularly to ensure that you are aware of any changes to the Terms.
Governing law
These Terms will be governed by and construed in accordance with the courts of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Severance of clauses
If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.
Prices
All references to $ and dollars on the website are to Australian currency. All prices were current at the time of publication on the website.