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Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Australian and other copyright laws, and is the property of Happy Hearts Australia Inc. The collective work includes works that are licensed to Happy Hearts Australia Inc. Copyright 2003, Happy Hearts Australia Inc ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Happy Hearts Australia Inc or purchasing Happy Hearts Australia Inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Happy Hearts Australia Inc or to purchase Happy Hearts Australia Inc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Happy Hearts Australia Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Happy Hearts Australia Inc used in the site are trademarks or registered trademarks of Happy Hearts Australia Inc and may also contain trademarks owned by other parties. You are not authorised to use these trademarks without the express written permission of Happy Hearts or the relevant other party.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Happy Hearts Australia Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Happy Hearts Australia Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Happy Hearts Australia Inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Protection

It is your responsibility to ensure that you have sufficient protections in place to protect your computer and systems and to scan any materials from this web site for viruses or other defects or corruptions that may cause damage to or interfere with your computer or systems. Happy Hearts endeavours to keep, but does not warrant that, its web site is free from viruses, defects or other corruptions and accepts no liability that may arise as a result of use, directly or indirectly, of this web site. Happy Hearts will also not be liable and accepts no responsibility for any interruption to your access to this web site.

Limitation of Liability

Happy Hearts Australia Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Happy Hearts Australia Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Happy Hearts Australia Inc product is mistakenly listed at an incorrect price, Happy Hearts Australia Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Happy Hearts Australia Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Happy Hearts Australia Inc shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Happy Hearts Australia Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Happy Hearts Australia Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Happy Hearts Australia Inc.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Queensland, Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Happy Hearts Australia Inc products) shall be in the state or federal courts located in Brisbane, Queensland, Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Happy Hearts Australia Inc products) must be commenced within one (1) year after the claim or cause of action arises. Happy Hearts Australia Inc's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Happy Hearts Australia Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Happy Hearts Australia Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Happy Hearts Australia Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Happy Hearts Australia Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Happy Hearts Australia Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Happy Hearts Australia Inc in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Happy Hearts Australia Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Happy Hearts Australia Inc may link to sites operated by third parties. The presence of a link is not to be interpreted as an endorsement of the site or the information contained on it. However, even if the third party is affiliated with Happy Hearts Australia Inc, Happy Hearts Australia Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Happy Hearts Australia Inc. and will not accept any responsibility or liability for any loss or damage suffered by you arising from or caused by any linked site. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Happy Hearts Australia Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Disclaimer

Happy Hearts Australia Inc. endeavours to ensure that all information on this web site is current and accurate and is provided on an “as is” basis. Happy Hearts Australia Inc., members of its Management Committee, officers and employees do not accept any responsibility or liability (whether direct or consequential) that may arise from the use of this web site or errors/omissions in the information or content on this web site.

Any photos or illustrations shown on the web site are for illustrative purposes only and colours may vary slightly on the actual product.