Terms and Conditions for Using the Store

The Store

1)      Family Capers provides ‘space’ within the Family Capers Web Site (the Site) for a seller to promote and offer for sale goods and/or services to users of the site; and Family Capers facilitates the sale and purchase of those goods and services by providing a facility for the payment of monies by the purchaser to the seller.

2)     You acknowledge and agree that Family Capers is not involved in the actual transaction between sellers and buyers.  As a result Family capers has no control over the quality, safety or legality of items or content posted by sellers or members on the site the truth or accuracy of information the ability of sellers to sell items or the ability of buyers to buy items.  We cannot ensure and do not guarantee that a user of the site will actually complete a transaction or act lawfully on the site.

 

Acceptance of Terms

3)     Users of the site agree to be bound by these Terms and Conditions and any other notices and guidelines which appear on the site (Terms & Conditions), which are subject to change at the sole discretion of Family Capers. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.

 

Information On The Site

4)     The Family Capers Web Site (the Site) presents information provided by third parties including the store keepers.  We make no representations as to the accuracy of the information presented at or via the Site.

5)       Family Capers provides the ‘space’ for a seller to promote and offer for sale goods and/or services to users of the site; and Family Capers facilitates the sale and purchase of those goods and services by providing a facility for the payment of monies by the purchaser to the seller.

6)     You agree that you must evaluate, and bear all risks associated with, the use of all information at the Site, including any reliance on the accuracy, completeness, or usefulness of it.  By using the Site you agree that Family Capers and any of its subsidiary or related or affiliated companies or any of their employees or agents are not responsible for:

a)     the accuracy or otherwise of the information displayed or omitted from the Site;

b)     any person's reliance on the information presented on the Site;

c)     any loss in connection with the use of the Site.

 

Prices

7)     Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.

a)     Prices are inclusive of:

i)       GST; and

ii)     delivery within Australia

 

Risk and Title

8)     The seller will retain title to the products sold until the buyer has made payment in full for those products, but all risk in the products will pass to the buyer upon their delivery to or collection by a postal or courier service. The buyer should consider whether to obtain any suitable insurance.

 

 

 

Delivery

9)     The delivery of items sold is the responsibility of the seller only and Family Capers will not be liable for any failure regarding delivery.   

a)     Sellers will deliver within Australia within the price of the item. 

b)     Buyers from outside Australia should make appropriate enquiries regarding delivery to them

 

Refunds

10)   The circumstances in which the seller is obliged to make a Refund include;                                   The item

a)     is faulty

b)     does not do what it is supposed to do

c)      is wrongly described

d)     differs substantially from a sample shown

 

Intellectual Property

11)    Except where stated otherwise;

a)     all intellectual property rights in relation to Content on this Site belongs to Family Capers or its licensors, advertisers or affiliates, including but not limited to logos and trade marks. You acquire no rights, title or interest in that intellectual property. All Content on the site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Content.

b)     You may download and view Content or print a copy of material on this site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by Family Capers. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the site without the copyright or trademark owners’ permission.

c)      Other, non- Family Capers trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any license or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.

Disclaimer

12)   You expressly understand and agree that:

a)     your use of the Site is at your sole risk.

b)     the Site is provided on an “as is” and “as available” basis.

c)      Family Capers expressly disclaims all warranties of any kind, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

13)   Family Capers makes no warranty that:

a)     the Site will meet your requirements;

b)     the Site will be uninterrupted, timely, secure, or error-free;

c)      the results that may be obtained from the use of the Site will be accurate or reliable;

d)     the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations; and

e)      any errors in the Site will be corrected.

 

14)   Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Family Capers or through or from the Site shall create any warranty not expressly stated.

 

15)   If under any law any terms, conditions or warranties which apply to the supply of goods or services through the Site cannot legally be excluded, restricted or modified then those terms, conditions and warranties apply to the extent required by that law. Except as expressly stated in the terms of use, conditions and warranties that would otherwise be implied are excluded.

 

Limitation Of Liability

16)   You understand and agree that Family Capers, its related companies and other associated entities and the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if Family Capers has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:

a)     the use of, or the inability to use the Site;

b)     the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Site;

c)      unauthorised access to or alteration of your transmissions or data;

d)     statements or conduct of any third party on the Site; or

e)      any other matter relating to the Site or products ordered through the Site.

 

17)   To the extent permitted by law, Family Capers liability for any breach of a condition or warranty which must be implied into the terms of use by the Trade Practices Act 1974 (Cwlth) is limited to:

a)     in the case of goods supplied by Family Capers to any one of the following at our option:

b)     the replacement of the goods or the supply of equivalent goods;

c)      the repair of the goods;

d)     the payment of the cost of replacing the goods or of acquiring equivalent goods;

e)      the payment of the cost of having the goods repaired; and

f)      in the case of services supplied by Family Capers to any one of the following at our option:

g)     the supplying of the services again;

h)     the payment of the cost of having the services supplied again.

 

Trade Mark Information

18)   The Family Capers name and trade marks, including the distinctive slogans and logos, that appear at the Site are trade marks of Family Capers or other third parties. You agree not to display or use or link to the trade marks in any manner without prior permission from Family Capers or the relevant third party owner.

 

Links To Third Party Sites Or Services

19)   This site contains links to sites of third parties. Those sites are not under the control of Family Capers and Family Capers is not responsible in any way for the contents of any linked site. The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by Family Capers. Any link by you to a third party's site is done at your own risk.

20)  Family Capers is not responsible for webcasting or any other form of transmission received from any linked site.

21)   This site also contains advertisements for third parties (including banner ads or other types of advertisements). Those advertisements may also contain links to other sites controlled by third parties. Any third party pays for its advertising on this site and Family Capers does not recommend or endorse any products or services offered by its advertisers. You must check with the advertiser for information about products or services offered.

22)  Family Capers does not endorse any offers made by any third parties including sellers within the store and Family Capers is not a party to the making of the offer. The third party advertiser is solely responsible to you for the offer and for any goods and services you purchase from them.

 

Viruses

23)  Family Capers does not represent that any information (including any file) obtained from or through the site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Family Capers will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Family Capers, it shall be limited to the cost of re-supplying that information.

 

Indemnity

24)  Family Capers relies on you observing these terms at all times. You agree to indemnify and hold Family Capers its associated companies and its officers and employees harmless from any claim of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of the site. The indemnity in this clause extends to and covers your breach of these terms.

 

Information You Send Us

25)  If you send any information to us whether by email or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit. This right extends to any ideas you might send us in regard to new or improved products or services.

 

Privacy

26)  Family Capers will collect, use and disclose any personal information in accordance with its Privacy policy which is available upon request or can be viewed at  www.familycapers.com.au/privacypolicy   Advertisers and Users acknowledge Family Capers Privacy policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy policy.

27)  Family Capers collects your personal information to assist us in providing the goods or services you have requested, to process your competition entries, and to improve our products and services. We may be in touch by any means to let you know about goods, services, or promotions which may be of interest to you. We may also share your information with other persons or entities who assist us in providing our services, running competitions or with other companies who provide prizes for competitions or member offers.

28)  To contact us in relation to our Privacy Policy; Privacy Officer, Family Capers  PO Box 1213 Maroochydore Qld 4558; or privacy@familycapers.com.au  

 

General

29)  If any part of these terms and conditions is deemed unenforceable the remainder will not be affected.

30)  These terms and conditions shall be governed by the laws of the state of Queensland. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

31)   Any notice to be served to Family Capers under this Contract must be served personally by post, facsimile or email to Family Capers at:  Attention:  Family Capers
PO Box 1213 Maroochydore Qld 4558 or; Email: customerservice@familycapers.com.au