Please read these terms carefully. They govern your use of the Froot n Nutz.com website and your purchase of products from this website. They exempt Total ArKade Software Pty Ltd (TAKS) and other persons from liability or limit their liability, and contain other important provisions.
These Terms are an agreement between you (or any entity you represent) and Total ArKade Software Pty Ltd, ABN 47155149812 ("TAKS" or "we"). They govern your access to and use of Froot n Nutz.com website (the "Website"). These Terms also may refer to and benefit TAKS' affiliates, service providers, suppliers and other persons. Each time you use our Website you have agreed to be bound by these Terms as they then read. You represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any person or entity you claim to represent. If you do not agree with these Terms, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations.
We may change these Terms from time to time by posting revised Terms on the Website. Your use of the Website after these revised Terms have been posted signifies your acceptance and agreement to be bound by the revised Terms. TAKS may in its discretion at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Website.
Ownership; your use of the website
The Website (including all content, graphics, and other intellectual property and elements incorporated into the Website) is the property of TAKS and/or others, and is protected by Australian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website may not be used for unlawful or commercial purposes; it is for your lawful, personal use only. You may use the Website only as expressly permitted in these Terms and subject to all applicable laws. The Website and its content may not be copied, reproduced, modified or distributed in any way without the express prior written consent of TAKS. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Terms.
TAKS(tm), the Froot n Nutz.com logo and other names and logos that are used on our Website (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by TAKS or their respective owners or licensees. Any use of the Marks (other than as permitted by these Terms) is prohibited. Nothing in this Website shall grant, or is intended to grant, any license or right to use any of the Marks.
No linking, framing, mirroring, scraping, data-mining or unauthorized postings
Linking to the Website without the prior written permission of TAKS is prohibited. If you desire to link to our Website, you may send an email to contact@Froot n Nutz.com requesting such permission. TAKS may in its discretion deny or revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments or any other information of any kind to or on the Website that would be visible to any other users, except in connection with the use of TAKS forums or other Website locations intended for such comments and hosted by TAKS.
Disclaimers, liability exclusions/limitations on liability and indemnity
Your access to and use of the website is at your own risk. Subject to this clause, the website is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by TAKS to the fullest extent permitted by law.
Subject to this clause,, to the fullest extent permitted by law TAKS and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the website or these conditions of use including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory of law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by TAKS or any person for whom TAKS is responsible, and even if TAKS has been advised of the possibility of such loss or damage being incurred.
Acknowledgement and exclusion by statute in certain jurisdictions
The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you.
State, territory and federal legislation implies certain non-excludable warranties into contracts for the supply of goods or services to a consumer. This clause 11 does not limit such non-excludable warranties where they are implied into these terms.
Links to other websites/resources
Our Website may include links to other Internet websites or resources, and to businesses operated by other persons. These other websites are not operated or controlled by TAKS. Accordingly, TAKS is not responsible for, and will have no liability for, these other websites, their business, goods, services, or content. If you link to or use any of these other websites, your dealings with the owners or operators of these websites is at your own risk, and you agree that you will not make any claim against TAKS arising from your use of any of these other websites.
Governing law and dispute resolution
These Terms, your access to and use of the Website, and all related matters are governed solely by the laws of Queensland, Australia and applicable federal laws of Australia. Any dispute between you and TAKS or any other person arising from, connected with or relating to the Website, these Terms, or any related matters (collectively "Disputes") will be resolved before the Courts of Queensland, sitting in Brisbane, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
If any provision of these Terms is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect.
These Terms enure to the benefit of and are binding upon each of TAKS and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign any rights or obligations that you have under these Terms. TAKS may assign its rights and obligations under these Terms without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
Any rights not expressly granted by these Terms are reserved to TAKS.
TAKS CONTACT INFORMATION
You may contact TAKS by email:
Total ArKade Software Pty Ltd