Terms & Conditions

IMPORTANT! PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THIS SITE.

This Site, www.flushecheeks.com.au (the 'Site') is owned, operated and maintained by flushedcheeks and has been created for your information, education, entertainment and communication.

Your access to and use of this Site is conditional upon your acceptance of and compliance with the terms and conditions contained in this document ('Terms and Conditions').

By accessing and browsing the Site you accept, without qualification or limitation, these Terms and Conditions.

Intellectual Property

All copyright in any information, text, materials, graphics and software ('Content') on this Site is owned by flushedcheeks. The Content is protected by both Australian and International copyright laws. All names, logos and trademarks are the property of flushedcheeks or her affiliates.

Nothing contained on the Site should be construed as granting any licence or right of use of any trademark displayed on the Site without the prior express written permission of flushedcheeks.

Restrictions on Use

This Site is available only for your personal, non-commercial use. You may: (1) make copies of the Content for your personal use only; (2) store the files on your own computer for your personal use only.

You must not:

(1) copy, modify, republish, transmit or distribute the Content in any form unless you receive prior written authorisation from flushedcheeks; or (2) use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of flushedcheeks or which is prohibited by the Terms and Conditions.

Jurisdiction

The products referred to in this site are available in Australia and may not be available in your country. This Site is controlled and operated by flushedcheeks from Australia and flushedcheeks makes no representation that the information and materials in this Site, including without limitation the information and other materials promoting the products identified herein, are appropriate or available for use in other locations.

DISCLAIMER OF WARRANTIES FLUSHEDCHEEKS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT. THE TRADE PRACTICES ACT, 1974(CTH) AND CERTAIN CORRESPONDING STATE LEGISLATION AND SIMILAR NEW ZEALAND LEGISLATION IMPLY TERMS, CONDITIONS AND WARRANTIES INTO SOME CONTRACTS FOR THE SUPPLY OF GOODS AND SERVICES AND PROHIBIT THE EXCLUSION, RESTRICTION AND MODIFICATION OF SUCH TERMS ("PRESCRIBED TERMS").

EXCEPT AS PROVIDED BY PRESCRIBED TERMS, ALL TERMS, CONDITIONS AND WARRANTIES EXPRESS OR IMPLIED BY CUSTOM, LAW OR STATUTE IN ANY WAY RELATING TO ACCESS TO, OR NON-ACCESS TO, THIS SITE OR YOUR USE OF, OR RELIANCE UPON, THIS SITE OR THE CONTENTS HEREOF ARE HEREBY EXCLUDED. FLUSHEDCHEEKS DOES NOT WARRANT EXPRESSLY OR IMPLICITLY THAT YOUR ACCCESS TO THE SITE (OR ANY SITE LINKED IN ANY WAY TO THIS SITE) WILL BE UNINTERRUPTED OR ERROR FREE. FLUSHEDCHEEKS DOES NOT WARRANT EXPRESSLY OR IMPLICITLY THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SITE (OR ANY SITE LINKED IN ANY WAY TO THIS SITE) OR THE SERVER WHICH STORES AND TRANSMITS CONTENT TO YOU ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

Limitation of Liability Except as provided by the Prescribed Terms, flushedcheeks or flushedcheeks shall not be liable for any indirect, incidental, special and/or consequential damages including but not limited to loss of profits arising out of your access to, or inability to access, this Site or your use of, or reliance upon, this Site or the Content hereof.

In addition, flushedcheeks has no duty to update this Site or the Content hereof and flushedcheeks shall not be liable for any failure to update such information. To the maximum extent permitted by law flushedcheeks's liability for breach of any Prescribed Term is limited at the option of flushedcheeks to the following: (1) in the case of services supplied or offered by flushedcheeks: (a) the supply of the services again; or (b) the payment of the cost of having services supplied again. (2) in the case of goods supplied or offered by flushedcheeks: (a) the replacement of the goods; or (b) the supply of equivalent goods; or (c) the payment of the cost of replacing the goods or acquiring equivalent goods.

Links

flushedcheeks disclaims all warranties with regard to the content of or otherwise relating to other web sites or resources linked in any way to this Site. Any links to a third party site are provided for convenience only. flushedcheeks is not responsible for and makes no representations concerning the condition and content of, or products offered at the third party site.

A link does not indicate, expressly or implicitly, that flushedcheeks endorses the site or the products or services offered there. Your access to any linked site and use of any products and services offered there is at your own risk.

Governing Law Any disputes relating to the Content or otherwise relating to this Site shall be governed by the laws of New South Wales, Australia.

Privacy

Any personal data you transmit to the Site by electronic mail or otherwise, will be used by flushedcheeks in accordance with the Privacy Policy displayed on this Site.

Future Changes flushedcheeks may at any time at her absolute discretion revise this Legal Statement including any or all of the Terms and Conditions. By continuing to use this Site after any revisions are made you are bound by such revisions.

Other

flushedcheeks, in its sole discretion, reserves the right to monitor and remove postings and discontinue site availability at any time without notice. If any term, condition, or provision of this Legal Statement is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby. This Legal Statement constitutes the entire agreement between you and flushedcheeks relating to the subject matter herein. By using this site, you are acknowledging your consent to the foregoing terms and conditions.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS,
DO NOT USE THIS SITE.