TERMS AND CONDITIONS OF USE OF WEBSITE
The website is owned and operated by Fireworks Kingston Pty Ltd ("we", "our" or "Fireworks") ACN: 162 061 869
If you do not agree to these terms and conditions do not access this website or use any of its services or products.
Applicable Law and Jurisdiction
Your use of this site shall be governed in all respects by the laws of the State of VIC, Australia. You agree to submit to the exclusive jurisdiction of the courts of VIC in relation to any legal proceeding directly or indirectly arising out or relating to this site (including but not limited to the purchase of products and services of Fireworks).
Review of Terms
These terms and conditions are subject to change from time to time, such changes to be effective upon posting on this website. Your continued use of the website after any such changes will indicate your acceptance of such changes. Please regularly check these pages for any alterations.
The entire content of this site including but not limited to website design, text, graphics, photographs, images, artworks, illustrations, caricatures, sound, software or code is the property of Fireworks and/or its content supplier and protected by Australian and international copyright laws. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Fireworks or purchasing products of Fireworks. Any other use, including but not limited to the reproduction, transmission, adaptation, publication, broadcast or distribution of the content of this site is strictly prohibited unless expressly permitted by Fireworks or expressly permitted by law.
All names, logos and trademarks are the property of Fireworks or the third parties who have contributed to this site. Nothing on the site should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of Fireworks or the relevant contributor. Nothing displayed on the site should be construed as granting any licence or rights to use any name, logo or trademark without the express written permission of Fireworks or the relevant third party contributor.
Fireworks provides this site and its contents on an "as is" basis. So far as is permitted by law, Fireworks and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, or services offered or sold on or through this site or any other site to which this site links and the uninterrupted and error-free use of this site. So far as is permitted by law, Fireworks and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Fireworks and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Fireworks or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.
Limitation of Liability
Fireworks and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability
This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. Notwithstanding the foregoing, the sole and entire maximum liability of Fireworks and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product or service purchased by you from Fireworks.
You agree to indemnify, defend and hold harmless Fireworks and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable solicitors fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms & Conditions of Use of Website, your infringement or violation of any rights of another, or termination of your access to this site.
Use of website
You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.
You further agree that you will not access by any means except through the interface provided by Fireworks for access to the site. You agree that you will not access this site from any country or territory where its contents are illegal, and that you, and not Fireworks and its affiliates, are responsible for compliance with applicable local laws.
You agree that Fireworks may terminate or suspend your access to all or part of this site, without notice, for any conduct that Fireworks, in its sole discretion, believes is in violation of these Terms and Conditions of Use of Website or any applicable law or is harmful to the interests of another user, Fireworks or its affiliates.
If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
The failure of Fireworks or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement.
The provisions above relating to Copyright, Trademark, Limitation of Liability, Indemnity and Applicable Law and Jurisdiction shall survive the termination of these terms and conditions.
These terms and conditions supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the use of this website. You agree to review these terms and conditions prior to your use of this site and your use of this site shall be deemed acceptance of and assent by you to these terms and conditions.