Last Updated: 12 June 2018
Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all these Terms & Conditions, you must immediately stop using the Site.
CURRENCY AND PRICING
All prices on our site are in Australian dollars (AUD) and include GST (Goods and Services Tax). The total cost of your order is displayed at checkout and includes delivery and GST charges.
All content included on the site, including website design, software, text, graphics, logos, images, video, data, and other material (collectively "Content") is the property of Calendars.com.au or its content suppliers and is protected by Australian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Calendars.com.au and is protected by Australian and international copyright laws. The images used on this site are the property of their respective copyright owners and are used by Calendars.com.au pursuant to express or implied authorization from the copyright owners or their agents. Calendars.com.au and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
LICENSE AND ACCESS
Graphics, logos, page headers, button icons, and scripts included on Calendars.com.au are trademarks or trade dress of Calendars.com.au. Our trademarks and trade dress may not be used in connection with any product or service that is not our, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Calendars.com.au. All other trademarks not owned by Calendars.com.au that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Calendars.com.au.
USE OF SITE
(i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
(ii) trying to change the behavior of the Site;
(iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
(iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing";
(v) forging any header or any part of the header information in any email or posting; or
(vi) forging communications on behalf of the Site (impersonating the Calendars.com.au Site) or to the Site (impersonating another user).
You must create an account at Calendars.com.au in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Calendars.com.au immediately of any breach of security or unauthorized use of your account. Calendars.com.au will not be liable for any losses caused by any unauthorized use of your account. In addition to all other rights available to Calendars.com.au including those set forth in these Terms & Conditions, Calendars.com.au reserves the right, in its sole discretion, to terminate your account, refuse service to you or cancel orders.
MODIFICATION AND TERMINATION
Calendars.com.au may at any time:
(i) modify or discontinue any part of the Site;
(ii) charge, modify, or waive fees required to use the Site; or
(iii) offer opportunities to some or all Site users.
Calendars.com.au reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site
(ii) for any other reason, or
(iii) for no reason.
Upon any such termination, your right to use the Site will immediately cease.
USER REVIEWS, COMMENTS, AND SUBMISSIONS
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Calendars.com.au assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion:
(i) monitor User Content;
(ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or
(iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Australian Digital Millennium Copyright Act.
For any User Content you submit, you grant to Calendars.com.au a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Calendars.com.au the right to include the name provided along with the User Content submitted by you; provided, however, Calendars.com.au shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Calendars.com.au neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. You agree that Calendars.com.au will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Calendars.com.au.
Calendars.com.au may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from Calendars.com.au, and access certain other features (collectively the "Mobile Services"). Although Calendars.com.au does not charge you for these Mobile Services, your mobile carrier's normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Calendars.com.au the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. Calendars.com.au reserves the right, with or without prior notice, to do any one or more of the following:
(i) limit the available quantity of or discontinue any product or service;
(ii) impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion;
(iii) bar any user from making or completing any or all Transaction(s); and
(iv) refuse to provide any user with any product or service.
You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Calendars.com.au or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
LIMITATIONS ON QUANTITY
Calendars.com.au reserves the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied.
Calendars.com.au reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
AVAILABILITY, ERRORS, AND INACCURACIES
Calendars.com.au's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Calendars.com.au makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Calendars.com.au strives to display the colours of the products shown on this Website accurately; however, because a monitor’s display may vary from the colours shown, we cannot and do not guarantee that your monitor’s display of any colour will be the actual colour of the products. Calendars.com.au reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.
RISK OF LOSS
Except as otherwise set forth herein, the risk of loss and title for all items purchased via sites owned and operated by Calendars.com.au passes to you upon delivery of the item to the carrier.
LINKS TO THIRD PARTY SITES
Calendars.com.au may contain links to other websites and interactive functionality interacting with the websites of third parties (“Linked Sites”) including social sites and product manufacturers’ sites. The Linked Sites are not under the control of Calendars.com.au and Calendars.com.au is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Calendars.com.au does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links.
Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Calendars.com.au strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Calendars.com.au of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
LINKING TO CALENDARS.COM.AU
Linking to Calendars.com.au from another website ("Linking Site") is only allowed under the following conditions:
The Site is controlled and operated by Calendars.com.au from Australia and is not intended to subject Calendars.com.au to the laws or jurisdiction of any state, country or territory other than that of Australia. Calendars.com.au does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than Australia. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY CALENDARS.COM.AU ON AN "AS IS" BASIS. CALENDARS.COM.AU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CALENDARS.COM.AU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CALENDARS.COM.AU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF CALENDARS.COM.AU HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND CALENDARS.COM.AU. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CALENDARS.COM.AU. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.
INDEMNIFICATIONS AND DEFENSE
NOTICES AND ELECTRONIC COMMUNICATIONS
Except as explicitly stated otherwise, any notices you send to Calendars.com.au shall be sent by mail to: Legal Affairs, Calendars.com.au, 30 Lawson Crescent, Thomastown VIC 3074. In the case of notices Calendars.com.au sends to you, you consent to receive notices and other communications by Calendars.com.au posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your account. You agree that all agreements, notices, disclosures, and other communications that Calendars.com.au provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given:
(i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or
(ii) in the case of mailing, three days after the date of mailing.
RULES FOR PROMOTIONS
ADDITIONAL TERMS & CONDITIONS
If you have any concerns about Calendars.com.au or your use of the Site, please contact us with a detailed description, and we will endeavour to resolve it.
Calendars.com.au, 30 Lawson Crescent, Thomastown VIC 3074 Australia
Last Updated: 12 June 2018