ListinGifts should be referred to herein as” we”, “us”, or “our”.
“You” means you, the User of the Website and “Your” shall be interpreted accordingly.
By providing links to other sites, ListinGifts does not guarantee, approve, or endorse the information or products available on these sites.
Access to and use of the Website are subject to the following Terms and Conditions.
These Terms and Conditions are governed by the laws of New South Wales, Australia. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of NSW and the Federal Court of Australia.
If any provision of these Terms and Conditions is held unenforceable, then such provision will be modified to reflect the parties’ intention. All other provisions of the Terms and Conditions will not be affected and shall remain in full force and effect.
You acknowledge and accept that your use of our Website indicates your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website.
We reserve the right to vary these Terms and Conditions at any time. You accept that by publishing the varied Terms and Conditions on the Website, we have provided you with sufficient notice of the variation.
We suggest that you check these Terms and Conditions, periodically, for changes.
The material displayed on this Website is provided without any warranty or condition, express, implied or statutory.
To the maximum extent permitted by law we, hereby, expressly exclude all guarantees, conditions, warranties and other terms which might otherwise be implied.
We disclaim liability for any damages whatsoever including but without limitation to any direct, indirect, general, special, consequential, punitive or incidental damages, or damages for loss of use, loss of profit, loss of income, loss of business, bodily injury, emotional distress, or any loss or corruption of or damage to data; or damage to goodwill or reputation, or the cost of procurement of substitute goods and services, relating to your use of the Website or as the result of your dealings with third parties accessible through the Website, or your breach of these Terms and Conditions, however arising, irrespective of whether such damages were foreseeable.
You agree to indemnify us from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) due to or arising from your use of this Website or your breach of these Terms and Conditions, or the documents it incorporates by reference or your violation of any law or the rights of a third party.
We do not give any representation and we specifically disclaim all warranties with regard to the information and applications contained on the Website and your use of the Website, including all implied warranties of title; merchantability; performance; fitness for a particular purpose and non-infringement; accuracy, reliability, completeness of the information, errors or omissions.
No advice or information (oral or written) obtained by you from us shall create any warranty.
We are in no way responsible for the content of any website that may be linked to our Website via a hyperlink; whether the hyperlink is provided by us or by a third party.
We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such website or material.
We do not guarantee continuous, uninterrupted access to the Website or availability of any third-party website or material you access through the Website, and operation of the Website may be interfered with by numerous factors outside our control.
We take precautions to detect viruses and other harmful codes, which may be introduced into the Website or related material. However, you are responsible for using your own procedures for detecting these and for protecting your systems against them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
We take reasonable steps to preserve the security of your information. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, although we strive to protect such information, we cannot guarantee the security of any information you transmit to us or from us and you do so at your own risk.
All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us.
You may use any content which appears on this Website for your personal and non-commercial purposes.
You will not, and you will not assist or facilitate any third party to copy, publish, transmit, broadcast, circulate, distribute, manipulate, create derivative works, or otherwise reproduce, in any format, any of the content which appears on this Website, for commercial purposes or in connection with any business or commercial enterprise, unless expressly authorised in writing by us.
Certain parts of this Website may be protected by passwords or require a login.
You must provide us with current, complete, and accurate information as prompted by the registration process and agree to regularly update this information to maintain its completeness and accuracy.
You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on this Website. You are responsible for logging off from your account and any protected areas of the Website.
Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers including that may result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures.
If you become aware of any suspicious or unauthorised conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you should contact us immediately. We will not be liable for any loss or damage arising from your failure to comply with this condition of use.
You will not commit or encourage a criminal offence; obtain or attempt to obtain unauthorised access to any part or feature of this Website through any means not intentionally made available to you by us; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material (commonly referred to as “spam”); or do anything that affects the performance or functionality of any computer facilities of or accessed through this Website or causes unreasonable inconvenience, offence or disruption to our staff.
Breaching this provision would constitute a criminal offence and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We expressly reserve the right to monitor use of this Website.