Shoppingbird - Terms of Use

Terms of Use

Welcome to www.shoppingbird.com.au (\"Shoppingbird\"). By accessing and using shoppingbird.com.au you are agreeing to the following terms, which are designed to make sure that Shoppingbird works for everyone. Shoppingbird.com.au is provided to you by Shoppingbird Pty Ltd. This policy is effective from May 1st, 2011. 

Using Shoppingbird
As a condition of your use of Shoppingbird you agree that you will not:
  • violate any laws; 
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • be false or misleading; 
  • infringe any third-party right; 
  • distribute or contain spam, chain letters, or pyramid schemes; 
  • distribute viruses or any other technologies that may harm Shoppingbird or the interests or property of Shoppingbird’s users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of Shoppingbird; 
  • copy, modify, or distribute any other person\'s content without their consent; 
  • use any robot spider, scraper or other automated means to access Shoppingbird and collect content for any purpose without our express written permission; 
  • harvest or otherwise collect information about others, including email addresses, without their consent; bypass measures used to prevent or restrict access to Shoppingbird. 

You are solely responsible for all information that you submit to Shoppingbird and any consequences that may result from your post. You accept that we may at our discretion remove, withhold, edit, rephrase, and monitor your reviews, comments and materials before posting them on shoppingbird.com.au. Once you have submitted or posted your content, you grant Shoppingbird and its affiliates a royalty-free, perpetual, irrevocable and full right to use, reproduce, modify, adapt, publish, translate and create derivatives works from, distribute and display such content worldwide by whatsoever means. We also reserve the right at our discretion to restrict a user\'s usage of the site either temporarily or permanently, or refuse a user\'s registration.

Whilst shoppingbird has taken reasonable care in compiling shoppingbird.com.au, it is not responsible for any action taken by any person or organisation, wherever they are based, as a result, direct or otherwise, of information contained in or accessed through shoppingbird.com.au. 

Shoppingbird has no obligation to monitor the comment services, ratings, reviews and/or other message or communication facilities. However, Shoppingbird reserves the right at all times to disclose any information deemed by Shoppingbird necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

You acknowledge that communications to or with comment services, reviews, ratings  and/or other message or communication facilities are public communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself. Shoppingbird does not control or endorse the content, messages or information found in any message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. 

Collection
Our servers are located in Sydney, NSW, Australia. Shoppingbird will hold and transmit your information in a safe, confidential and secure environment. If you choose to provide us with personal information, you are consenting to the transfer and storage of that information on our servers. We retain personal information as permitted by law to resolve disputes, enforce our policies; and prevent misuse of our website. We use many tools to protect your personal information against unauthorized access and disclosure, but we make no guarantees.

Disclosure
We will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a posting or other content violates other\'s rights, or protect anyone\'s rights, property, or safety. We may also share personal information with service providers who help with our business operations.

Access, Modification, and Deletion
You can see, modify or delete your personal information by editing your personal profile page. 

Communications 
You agree to receive marketing communications from us unless you tell us that you prefer not to receive such communications. If you don\'t wish to receive marketing communications from us, simply indicate your preference by following the directions provided with the communication. 
You may not use our site or communication tools to harvest addresses, send spam or otherwise breach our Terms of Use Policy. We may automatically scan and manually filter messages sent via our communication tools for malicious activity or prohibited content, but we do not permanently store such messages. 

Website Content
The purpose of this site is to provide a directory for fashion retailers around Sydney and to provide information about forms services offered by these retailers. The information provided is provided for informational purposes only. While all reasonable attempts have been made to provide accurate and recent information, the information included on Shoppingbird may include inaccuracies or typographical errors. 

Shoppingbird makes no warranties about about the suitability, reliability, timeliness, and accuracy of the information contained on shoppingbird.com.au, or any representations or undertakings about any content of any other website referred to or accessible, through shoppingbird.com.au. 
As such, Shoppingbird shall have no liability regarding information provided in this site. We cannot accept any responsibility for the sites linked to, or the information found there, as links from shoppingbird.com.au are provided for information and convenience purposes only. Shoppingbird does not endorse these link sites. This information is provided solely as information for our users. Advice received via Shoppingbird should not be relied upon for personal, legal or financial decisions.

Shoppingbird hereby disclaims all warranties and conditions with regard to the information contained on shoppingbird.com.au, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall Shoppingbird be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of shoppingbird.com.au, with the delay or inability to use shoppingbird.com.au, with the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through shoppingbird.com.au, or otherwise arising out of the use of shoppingbird.com.au, whether based on contract, tort, strict liability or otherwise, even if Shoppingbird has been advised of the possibility of damages.
If you are dissatisfied with any portion of shoppingbird.com.au, or with any of these terms of use, your sole and exclusive remedy is to discontinue using shoppingbird.com.au.

Limited Liability
This agreement is governed by the laws of the State of New South Wales, Australia. You hereby consent to the exclusive jurisdiction and venue of courts in New South Wales, Australia in all disputes arising out of or relating to the use of shoppingbird.com.au. Use of shoppingbird.com.au is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shoppingbird as a result of this agreement or use of shoppingbird.com.au. The performance of this agreement by Shoppingbird is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of its right to comply with governmental, court and law enforcement requests or requirements relating to your use of shoppingbird.com.au or information provided to or gathered with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the user and Shoppingbird with respect to shoppingbird.com.au and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to shoppingbird.com.au. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.

The content of shoppingbird.com.au is protected by international copyright laws. If you wish to copy, redistribute or enquire about any of the information provided within this site please contact Shoppingbird.

General
We may update this policy at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this policy will continue to apply. If you have any questions about this policy please contact Shoppingbird here