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Terms of Use

PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY. BY ACCESSING, BROWSING, RELYING UPON OR OTHERWISE USING ANY PART OF THIS WEB SITE ("SITE"), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD NOT ACCESS, BROWSE, RELY UPON OR OTHERWISE USE ANY PART OF THIS SITE.

Use of this site 


The information provided at or through this Site is general and is not advice on any particular matter. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained at this Site. Accordingly, you should not act on the basis of any information accessed at or through this Site without obtaining and considering appropriate professional advice upon your own circumstances.

Copyright information 


Tiny Sparks WA owns and retains the copyrights in the materials found at this Site (but not materials accessed at other sites from this Site). You may download, view and print materials from this Site subject to the following: (1) the materials must be used solely for personal, informational, non-commercial purposes; and (2) the materials must not be modified or altered in any way. Except as expressly provided herein, you must not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials from this Site in whole or in part without the prior written permission of Tiny Sparks WA. If you breach any of these Terms, your authorisation to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Unauthorised transmissions 


There are many inherent risks involved in transmitting information over the Internet. Unauthorised access and faults in computer networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the Internet. Consequently, Tiny Sparks WA is unable to warrant that this Site will be free from such risks.

Disclaimer 


Tiny Sparks WA Inc does not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to the Trade Practices Act 1974 or other legislation to the extent that those rights and remedies can not be excluded by agreement (“non-excludable rights”). 
Tiny Sparks WA Inc and its employees and agents expressly disclaim all and any liability to any person in respect of anything and the consequences of anything done or omitted to be done by any person in whole or partial reliance on all or any part of the information accessed at or through this Site. 
The materials provided at this Site (and any links from this Site) are provided "as is". Subject to any non-excludable rights and to the maximum extent permitted under the law, Tiny Sparks WA Inc makes no representations or warranties of any kind, either express or implied, including (without limitation) warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Tiny Sparks WA Inc does not warrant the accuracy and completeness of information accessed at or through this Site. Tiny Sparks WA Inc may make changes to the materials at this Site at any time without notice. The materials at this Site may be out of date, and Tiny Sparks WA Inc makes no commitment to update the materials at this Site.

Limitation of liability


Subject to any non-excludable rights and to the maximum extent permitted under the law, in no event will Tiny Sparks WA Inc and its employees be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Site, any web sites linked to this Site, or the materials or information contained at any or all such sites, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. If circumstance arise where you are entitled to claim damages from Tiny Sparks WA Inc notwithstanding the provisions of these Terms, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us including, without limitation, negligence) is limited to the provision of the services again or the cost of providing the services again (at our election). You must indemnify Tiny Sparks WA Inc and the hosts, operators, developers of and contributors to this Site and keep each of them indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of them arising from your breach of these Terms or otherwise howsoever from or in connection with your use of the Site.

Sale of goods or services 


Unless otherwise expressly stipulated by Tiny Sparks WA, any sale of goods or services from the site is subject to the following conditions:

  • Fulfillment – Tiny Sparks WA will endeavor to provide accurate and fast fulfillment of any orders placed using the site. However, Tiny Sparks WA is not liable for delays caused by suppliers, postal and courier companies or any other circumstances.
  • Currency - All transactions are in Australian Dollars. If any amounts are shown in other currencies these are only indicative and may vary due to exchange rate variations at the actual time of transaction.
  • Credit Card Use – If credit card payment is facilitated by the site, Tiny Sparks WA undertakes to use Credit Card details only as specified by you in relation to purchases made on the site. Illegal use of credit cards is a serious crime. Tiny Sparks WA will report any suspicious activity and disclose all relevant evidence to credit card companies and law enforcement authorities.
  • Identity fraud - You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the site.
  • Errors in description or pricing – Errors may occur in the description or pricing of products or services offered on the site. Tiny Sparks WA may cancel any transaction if any such error occurs, notwithstanding any confirmation of an order or acceptance of payment.
  • Any supply of goods or services by Tiny Sparks WA is subject to any express written warranties offered by Tiny Sparks WA or a third party.
  • Subject to any non-excludable rights, all other express and implied warranties relating to such goods and services are hereby excluded and the provisions of the above clause (Limitation of Liability) apply.

User submissions 


Any materials (including without limitation comments, feedback and information) provided by you in connection with this Site shall be considered non-confidential and non-proprietary. Tiny Sparks WA shall have no obligation of any kind with respect to such materials and shall be free to use or disseminate such materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the materials that you submit, and that you, not Tiny Sparks WA, have full responsibility for the materials including their legality, reliability, appropriateness, originality and copyright.

Links to third party websites 


Links to third party web sites on this Site are provided solely as a convenience to you and such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked site or its content. Tiny Sparks WA has not reviewed any of these third party sites and should you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Links to this site 


Any site that links to this Site:

  • Must link to our home page
  • Must not replicate Tiny Sparks WA content or content of Third Parties accessed through this Site
  • Must not create a browser or border environment around Tiny Sparks WA content
  • Must not imply any endorsement by Tiny Sparks WA
  • Must not misrepresent its relationship with Tiny Sparks WA
  • Must not present false information about the services of Tiny Sparks WA
  • Must not use the Tiny Sparks WA logo without the prior written permission of Tiny Sparks WA
  • Must not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

Viruses 


Tiny Sparks WA cannot and does not guarantee or warrant that any files available for downloading through this Site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining an appropriate means for the reconstruction of any lost data.

Applicable law 


This Site is administered by Tiny Sparks WA from its offices in Nedlands, Western Australia. These Terms shall be governed by and construed in accordance with the laws of the State of Western Australia, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of this Site must be commenced in the appropriate court in the State of Western Australia. If you use this Site from locations outside of Western Australia, you are solely responsible for compliance with your local laws.

If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Tiny Sparks WA may revise these Terms at any time by updating this posting. You are bound by such revisions and should therefore regularly revisit this page to review the then current Terms by which you are bound.

Concerns 


If you have any concerns or questions, please contact us.