Terms of Use

These Terms of Use (Terms) govern your use of our website located at <https://www.toymonster.net.au> (Site) and form a binding contract between you, the user of the Site and us, ToyMonster International Limited (ToyMonster, we, us, our).
These Terms together with the Privacy Policy available on the Site constitute the entire contract between you and us. No other terms will apply except where terms may be implied by law. We may vary these Terms by placing the updated Terms on the Site. Any varied Terms will apply from the date they are posted.

For that reason, these Terms are important, and you should ensure that you read them carefully. Please also review the Site’s Privacy Policy. If you have any questions regarding these Terms or the Privacy Policy, please contact us before you use the Site. You may contact us by email at <cs@toymonster.net.au>.

By accessing or using the Site you acknowledge and agree that you have read and understood the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

1. Licence to use the Site

1.1
We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this document.

1.2
The Site and all the material featured and displayed on the Site, including but not limited to all text, data, graphics, illustrations, photographs, images, videos, sounds, music, interactive features, applications, download, layout and ‘look and feel’ (Content) is owned by us, our licensors and other third parties. The Site and Content are protected by trade mark, design registration, copyright, moral rights and any other intellectual property rights and laws. You are prohibited from using any trademarks, service marks, trade names and logos used on our Website without prior written consent.

1.3
Except as expressly authorised by us in specific documents which may be posted on the Site, you are authorised to view, play, print and download Content for personal, information and non-commercial use only, and in accordance with these Terms. The Content remains the exclusive property of us, our licensors and other third parties, unless otherwise expressly agreed by us.

1.4
You must not use the Content for any illegal purpose.

1.5
You must not attempt to gain unauthorised access to any other user’s computer systems, interfere with or disrupt networks associated with the Site or violate regulations, policies or procedures of such networks.

1.6
You may not modify, attempt to modify or in any way tamper with the Site.

1.7
You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell Content.

1.8
You must not use the content of the Site in a manner which may infringe the intellectual property rights of third parties, including trade mark, copyright, privacy or publicity rights of third parties:

1.9
You must not add any content to the Site:

(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Site, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.

1.10
You acknowledge and agree that:

(a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion;
(b) the website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it;
(c) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
(d) the content on the Site may include technical inaccuracies and typographical errors.

2. Product Prices

2.1
If a price of a product is displayed on the Site, it represents the recommended retail price, including GST, for the relevant product. That price will not include postage and handling charges which a retailer might charge.

2.2
Versions, promotions and the price of products displayed on the Site are subject to change without prior notice. We do not warrant that products displayed on the site are available for sale.

3. Intellectual Property Rights

3.1
The Content is protected by copyright.

3.2
Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

3.3
Any content you post or add onto the Site is non-confidential. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing, and we are not liable to you for such use.

3.4
You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party consents in the same manner.

3.5
The licence in clause ‎3.3 will survive any termination of these Terms.

3.6
You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses ‎3.2 – ‎3.5.

3.7
None of the terms in this clause ‎3 apply to personal information about you, which is governed by our Privacy Policy.

4. Collection of personal information through social media sites or using your social media log-in

4.1
When you interact with any ToyMonster page or account on a social media platform (e.g. Facebook, Instagram, Twitter, Google+, Tumblr, LinkedIn, YouTube etc) we may collect personal information which you make available to us on that page or account, including your account ‘ID’. If we do collect such information, we will comply with the privacy policies of the corresponding social media platform and will only collect and store personal information as permitted under those policies.

5. Warranties

5.1
You represent and warrant to us that:

(a) you are at least the age of majority in your jurisdiction and have the legal capacity to enter these Terms (or if you are under the age of majority in your jurisdiction, you have your parent’s or legal guardian’s consent to enter into and comply with these Terms);
(b) any information you provide to us is true, accurate and complete; and
(c) you have complied with clause ‎1.4.

5.2
Due to photographic and screen limitations associated with the representation of as well as different settings on users’ computers and monitors, some delivered goods may differ in appearance to a small extent (for example in colour) from the way they appear when viewing them on the Site. Further, some depictions of products on the Site have been developed for promotional purposes and may not be an exact representation of the product delivered. Accordingly, we do not warrant that the product we make available for sale will be identical in appearance to that viewed on the Site.

6. Disclaimers

6.1
You acknowledge and agree that the disclaimers and limits on liability set out in these Terms reflect a reasonable and fair allocation of risk between you and us and are an essential basis of the bargain between us.

6.2
You agree that your access and use of the Site is at your sole risk. To the full extent permitted by law, the Site is provided ‘as is’ and without any warranties of any kind. We expressly disclaim any warranties, express or implied, including but not limited to warranties of title, merchantability, fitness of purpose, non-infringement, or warranties of uninterrupted, timely, secure, accurate, error or computer virus free use or operation of the Site.

6.3
To the full extent permitted by law, we exclude all liability in respect of:

(a) loss of data, interruption of business or any consequential or incidental damages however caused (including negligence) arising out of or in connection with the Content and the use or performance of the Site. This includes but is not limited to loss or damage you might suffer as a result of any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Site by any third party;
(b) any errors mistakes or inaccuracies of the Site or its content, and any acts or omissions of other users of the Site, or third parties advertising or using the Site; and
(c) any interruption or cessation of transmission to or from the Site.

6.4
To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

6.5
To the full extent permitted by law, and in all circumstances, we exclude all liability for:

(a) any damage or loss of any kind whatsoever, including but not limited to personal injury (physical or emotional) or death, and any property damage or loss to your or to any third party; or
(b) any direct, consequential, indirect, incidental, punitive, reliance, exemplary or special damages
arising out of or in connection with these Terms or the Privacy Policy, your access or use of the Site or the use of its content, or your inability to access the Site.

6.6
The limitations of liability set out in this clause survive any termination or expiration of these Terms.

6.7
We are not responsible to you if you are unable to access the Site. Your sole and exclusive remedy from any use or inability to use the Site will be for you to discontinue use of the Site. Our aggregate liability in any case will not exceed $10.

6.8
You are solely responsible for the maintenance and cost of all devices, equipment, hardware, software and services needed for you to access and use the Site.

7. Indemnification

7.1
You agree to hold us harmless from and against all claims, demands liabilities, losses, damages and expenses of any kind (including reasonably incurred legal fees and costs) arising out of or in connection to any breach of these Terms or Privacy Policy for which you are responsible, and your access or use of the Site or its Content.

8. Third Party Links

8.1
The Site may contain links to other websites. We do not endorse, approve or sponsor any of those websites and we assume no responsibility or liability for any material that may be accessed on those websites. We have no control over the content, policies, terms of use or other elements of these third party websites. We do not make any representation regarding the products or services contained on any such sites or the accuracy and completeness of any content presented therein.

8.2
You expressly acknowledge and agree that we are in no way responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with your use of any third-party websites or links.

9. Competitions and Promotions

9.1
We may from time to time offer sales, competitions and promotions through the Site. You may be required to agree to additional terms and conditions to be eligible to enter into or take advantage of those sales, competitions and promotions.

10. Termination

10.1
The Site may be modified, replaced, superseded or terminated at any time without notice to you.

10.2
These Terms terminate automatically if, for any reason, we cease to operate the Site. Termination of these Terms will not affect any accrued rights or liabilities or the coming into force or the continuance in force of any provision of these Terms which is expressly or by implication intended to come into force or continue on or after the termination.

10.3
We may otherwise terminate these Terms and your access to the Site immediately, on notice to you, if you have breached these Terms in any way.

11. General

11.1
We may assign or licence our rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

11.2
If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

11.3
Our failure to exercise any right provided for under these Terms will not be deemed a waiver of any further rights provided hereunder;

11.4
Each party must at its own expense do everything reasonably necessary to give full effect to these terms and the events contemplated by it.

11.5
These terms are governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.

12. Contact

If you have any questions regarding these Terms or the Site, you may contact us by email at <cs@toymonster.net.au>.

Version dated 24 October 2018