TERMS AND CONDITIONS AND USAGE AGREEMENT
MTOA No.1 Pty Ltd (ABN 49 125 812 857) and Golding & Golding Pty Ltd (ABN 64 009 928 223) T/A The Culturemag Online Trust (referred to herein as "culturemag Online") operates culturemag.com.au, which is an information and broadcasting service that allows Members to create unique personal profiles online in order to promote their ideas, art and thoughts to the broader hairdressing and like-minded community. culturemag Online can be contacted at PO Box 1212, Toowong, Brisbane Australia 4066. The services offered by culturemag Online include culturemag Online branded URL (the "culturemag.com.au" Website), and other collateral and other features, content, or applications offered from time to time by culturemag Online in connection with culturemag Online's business (collectively, the "culturemag Online Services"). The culturemag Online Services are hosted in Australia.
By using and/or visiting this website you acknowledge your agreement to these Terms and Conditions and Usage Agreement (the "Terms of Service"). If you do not agree to any of these terms, please do not use the culturemag Online website.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. culturemag Online may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
By using culturemag Online Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the culturemag Online Website, including through a mobile device or otherwise use the culturemag Online Services without being registered) or you are a "Member" (which means that you have registered with culturemag Online ). The term "User" refers to a Visitor or a Member. You are only authorised to use the culturemag Online Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it.
If you wish to become a Member, broadcast to other Members and/or make use of the culturemag Online Services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes culturemag Online's policy for acceptable use of the culturemag Online Services and Content, posted on or through the culturemag Online Services and your rights, obligations and restrictions regarding your use of the culturemag Online Services and Content. In order to participate in certain culturemag Online Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from culturemag Online. Unless otherwise provided by the additional terms and conditions applicable to the culturemag Online Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Your culturemag Online submissions, images and descriptions may not include any form of Prohibited Content including lewdness, pornography, defamation, sexism, racism, bigotry, or any criminal activity. culturemag Online reserves the right, at its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the culturemag Online Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. culturemag Online also expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the culturemag Online Services if culturemag Online determines, at its sole discretion, that you have violated this Agreement or pose a threat to culturemag Online and/or its Users and/or violating any applicable law.
By using the culturemag Online Services, you represent and warrant that all registration information you submit is truthful and accurate; and your use of the culturemag Online Services does not violate any applicable law or regulation. In the event that your information given is not legitimate, or if there is just cause, culturemag Online may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You are solely responsible for any and all use of your account.
All culturemag Online website content is available for personal use only and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorised by culturemag Online. culturemag Online reserves the right to remove commercial content at its sole discretion. culturemag Online reserves the right to take appropriate legal action for any illegal or unauthorised use of the culturemag Online Services.
All trade marks and copyrighted materials appearing on this website must not be copied, modified, reproduced, republished, uploaded, transmitted or altered. culturemag Online takes no responsibility for the downloading of software from this website or from any linked websites. The websites linked to this website are beyond the control of culturemag Online. No liability or responsibility is taken for cookies, data or personal information collected by other linked websites accessed through this website or the linked websites.
LEGAL NOTICE, PRIVACY STATEMENT AND DISCLAIMER
Content within this site is subject to trademarks and copyrights and cannot be reproduced or altered in any way. culturemag Online endeavours to present only accurate and reliable information and any errors are completely unintentional. We reserve the right to amend information at anytime. Any personal information collected may be utilised by culturemag Online and its associated partners to improve the content of this site or for marketing purposes. culturemag Online, its officers, directors, shareholders, employees, and agents disclaim all warranties, expressed or implied, in connection with the website and your use thereof and accepts no liability for damages of any kind for the use of this site. culturemag Online does not warrant that the use of this site will be error-free or uninterrupted, or that the site's server is virus or bug free. culturemag Online accepts no responsibility for the content of any linked or external sites.
INDEMNITY
You agree to defend, indemnify and hold harmless culturemag Online, its parent corporation, officers, directors, shareholders, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the culturemag Online Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the culturemag Online Website.
For any questions, queries, or information you require about the website or content of the website please contact info@culturemag.com.au
SHIPPING
The item will be posted by Australia Post, within 10 working days after payment is received.
Whilst the Australia Post mail service is generally very reliable, it is not unusual for some items to become delayed within the postal system. culture Magazine will not be held responsible for lost items or delay by Australia Post once posted.
Please note: Shipping charges are non-refundable.
RETURN POLICY
No refund will be given for change of mind. Please choose your purchases carefully.
Should you receive a faulty item, please send back in its original packaging within 14 days. Once we have received your faulty item please allow 15 working days to process the return and have the replacement item sent to you.
We cannot provide an exchange on Hair Products or DVD's. Should you have any questions about your purchased item, please contact us at info@cultremag.com.au
COMPETITIONS
GENERAL TERMS AND CONDITIONS OF ENTRY
Information on how to enter and the prize details of all competitions form part of these terms and conditions of entry. By participating in any competition administrated by culture Magazine or culturemag Online, entrants agree to be bound by these terms and conditions.
Depending on the promotion, the Promoter is MTOA No.1 Pty Ltd, publisher of culture Magazine, of 49 Culmstock Place, Fig Tree Pocket, QLD 4069 or MTOA No.1 Pty Ltd (ABN 49 125 812 857) and Golding & Golding Pty Ltd (ABN 64 009 928 223) T/A The Culturemag Online Trust. This is specifically stated in the relevant terms and conditions for each separate promotion.
Employees and immediate family of the Promoter and any agencies and/or partners associated with this promotion are ineligible to enter.
Entry is open to all countries.
Upon receipt of the entries, they become the property of the Promoter and will not be returned to entrants. The entrants irrevocably consent to the Promoter publishing the entries.
The Promoter's decision is final and binding. No correspondence will be entered into.
The winners will be notified either by email or phone (where applicable). Prize winners are required to acknowledge their acceptance of the prize within five (5) working days of notification. In the event of non-acknowledgment, the promoter will award the prize to the next entry selected.
Where prizes include either domestic or overseas travel; taxes, airport charges and fuel surcharges are included. Frequent flyer points are not redeemable with a prize of this nature. The standard point of departure and arrival is Sydney, Australia unless otherwise noted and/or agreed in writing.
Spending money, meals, other government charges, insurance, transport to and from departure point items of a personal nature, alcoholic drinks, laundry, additional tours, passport, any visas and all ancillary costs are the responsibility of each prize winner.
Where the winner is located outside of Australia, all freight charges for the delivery of a prize to the winner are the responsibility of the winner.
The Promoter will not be responsible if the prize or any part of the prize becomes unavailable for reasons beyond the Promoter's control. In the event of such cancellation, re-scheduling or unavailability of the prize, the Promoter will endeavour but is not obliged to provide a substitute prize of equivalent value.
The prize is strictly as stated in the relevant terms and conditions for each individual competition. The prize is not transferable or exchangeable and cannot be taken as cash. The Promoter accepts no responsibility for any variation in the prize value.
To the full extent permitted by the law, the Promoter excludes liability for any loss, damage or injury whatsoever suffered or sustained (including, but not limited to direct, indirect, special or consequential loss or damage, loss of opportunity revenue or profit) arising directly or indirectly out of or in connection with this promotion.
By entering into competitions, the entrant agrees that if they win, they acknowledge and accept that participation in the prize is at their own risk. To the extent permitted by law, the winning entrants must exclude, release and forever discharge the Promoter, and their respective employees, officers, agents and contractors from all liability for claims, loss, damage, cost or expenses (whether arising under statute, from negligence, personal injury, death, property damage, infringement of third party rights or otherwise) arising from or in connection with the participation in the prize or otherwise howsoever arising. The winning entrant must, on request of the Promoter, execute any and all documentation (if any) necessary to give effect to this clause.
Details from all entries will be collected and used for the purposes of conducting each promotion (which may include disclosure to third parties for the purpose of processing and conducting the promotion) and for publicity purposes surrounding this promotion. The Promoter, for publicity purposes, may use the name, image and email address of the winners. By entering this promotion, unless otherwise advised, each entrant also agrees that the Promoter may use this information in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages. A request to access, update or correct any information should be directed to the Promoter at their address set out above.
The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.
CULTUREMAG.COM.AU WIN A MACBOOK COMPETITION
TERMS AND CONDITIONS OF ENTRY
The above General Terms and Conditions apply to this competition, along with the following.
The Promoter is MTOA No.1 Pty Ltd (ABN 49 125 812 857) and Golding & Golding Pty Ltd (ABN 64 009 928 223) T/A The Culturemag Online Trust.
Competition opens on 7 June 2008 and closes at 4.00pm Eastern Standard Time, on 9 June 2008. The winners will be drawn on Friday 13 June 2008.
To enter, entrants must fill in the required fields (name and email address) of the promotional flyer and submit to the allocated box at the culture Stand (#1112 and #1116) at Hair Expo 2008 in Sydney, or enter online at www.culturemag.com.au.
There will be six (6) prize winners only.
The prizes include the following only: Apple MacBook 15-inch laptop - six (6) only available.
Entrants may submit an unlimited number of entries. However, only one prize will be awarded per person.
The Promoter will communicate with the winners via email on Friday 13 June 2008. Each winner has five (5) working days to respond by reply email with his or her full contact and address details. Should no response be received during that time period, the Promoter reserves the right to select another winner.