Website Terms of Use

Welcome to the Above Toys website. These Terms govern your access to, usage of all content, Product and Services available at www.abovetoys.com.au website (the “Service” or “Website”) operated by Above Toys ("us","we" or "our").

Your access to our services is subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.

Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.

If you purchase products through our website, there will be additional terms and conditions relating to the purchase. Please make sure you agree with the terms and conditions.

Limitation of Liability

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. The information contained on this Website should not take the place of professional advice.

Further, all of our Services are provided without a warranty with the exception of any warranties provided by law.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.

Submissions

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Intellectual Property

We hold the copyright to the content and marks of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases, trademarks, service marks and logos contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.

The Agreement does not transfer from Us to you any of Ours or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Above Toys and its licensors.

Third Party Services

In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).

If you use any Third-Party Services, you understand that:

Any use of a Third-Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.

You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.

Accounts

Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.

Links

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked website, its contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites. 

You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Privacy

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, please refer to our Privacy Policy.

Termination

We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate the Agreement or your Above Toys account, you may simply discontinue using our Services.

Security

Although technical and professional consultation is undertaken; We cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Above Toys entirely of all responsibility for any consequences of its use.

Disclaimer and Indemnity

Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Above Toys and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Above Toys, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitor’s fees of every kind and nature incurred by you or any third parties through you.

Jurisdiction and Governing Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Australia.

The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the courts located in Australia.

If you are accessing or using this website from outside Australia, you warrant that you will comply with the laws of the jurisdiction from which you access or use this website at all times. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Severance

If any of the terms are found to be void or unenforceable in court, the other will remain in force.

Changes

Above Toys reserves the right, at our sole discretion, to modify or replace these Terms at any time.

If we make changes that are material, we will let you know by posting on our website. It is your responsibility to periodically review these Terms of Use to stay informed of updates.

By continuing to use the website, you agree to be bound by the changes.