Using this Website

GENERAL DISCLAIMER

These terms and conditions govern your use of this website and should be read together with our privacy policy.

Please read these terms carefully. By using this website you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions of Use and the Privacy Policy. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.newd.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website. If you do not agree to these terms and conditions of use and/or the privacy policy, do not use (or continue to use) the website as authorisation is immediately withdrawn to access, use or continue to use the website.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Accessing Our Site

The information contained in this website is for general information purposes only and is provided by www.newd.com.au – the Naked Egg Web Design website. Naked Egg Web Design endeavours to ensure that all aspects of this website are available at all times. However, www.newd.com.au will not be liable if for any reason this website or any aspect of it is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Your access to this website and your ability to participate in all or certain parts of this website may be withdrawn, amended or terminated by Naked Egg Web Design at any time without notice and without any liability. Any limitations on our liability will survive such termination.

While we endeavour to keep the information current and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. You specifically acknowledge and agree that your use of this website and services found on this website are at your own risk. Anything available via this website may include inaccuracies or typographical errors. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

We assume no responsibility for any technical malfunction, error, omission, interruption, deletion, delay in operation or transmission, communication line failure, virus, bug, tampering, theft or destruction or unauthorised access to this website, or any injury or damage to any person’s computer related to the use of this website, or the uploading of material or downloading of any software/material (where permitted) from this website. Any costs associated with accessing this website are your responsibility and may be dependent on the internet service provider used.

Site use

You may use this website for lawful purposes only. You may not use this website:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that infringes the rights of any other person;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Limitation of liability

Naked Egg Web Design provides this website without warranty or guarantee. To the extent permissible by law, we exclude all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of this website, or reliance on the website, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the website (whether negligent or not), except that nothing affects any liability of us which may not be excluded or limited by law.

In the event that Naked Egg Web Design is liable for breach of any implied warranty or condition that cannot be excluded, then our liability shall be limited to the replacement or repair of goods if liability arises in respect of goods, or in the case of services, re-supplying the services, or paying for the costs of re-supplying the services.

Linking to this website

You may link to this website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement by Naked Egg Web Design.

You must not alter any of this website’s content or frame or reformat any content or material available on or through this website on any other website.

We reserve the right to withdraw linking permission without notice.

Links from this website

Naked Egg Web Design is not responsible for and makes no representations concerning the condition and content of, or products offered at or by third party websites. A link does not indicate, expressly or implied, that Naked Egg Web Design endorses the third party website or its products or services offered there. Your access to a third party website and its products or services are at your own risk.

Intellectual property

Naked Egg Web Design’s name, logo, corporate symbols, design layout, graphics, appearance, look and trademarks are owned by or licensed to us. You are not permitted to republish, transmit electronically, reprint, upload or other method of distribution of any materials, documents or products on this website, as this website and its contents are protected by applicable copyright laws and other intellectual property rights. Unless otherwise indicated as between Naked Egg Web Design and the user of this website, we are the owner of the copyright and all other intellectual property rights in this website and its contents. Save as set out below, no part of this website may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of Naked Egg Web Design.

You may retrieve and display the content of this website on a computer screen, or print one copy of such content in unaltered form (including these Terms and Conditions of Use, the Privacy Policy and any order confirmation) for your own personal use, or for use within your organisation, provided you keep intact all and any copyright and proprietary notices, and so long as you give appropriate acknowledgment of the copyright owner and indicate that permission of Naked Egg Web Design is required if the content is sought to be reproduced in any format.

Use of the content otherwise than in accordance with these Terms and Conditions of Use may expose you to claims for infringement of our intellectual property rights and/or the rights of third parties.

Amendment of Terms

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.newd.com.au’s rights and obligations to each other.

Jurisdiction

These terms and conditions are governed by the laws in force in Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions or this website. Naked Egg Web Design’s failure to exercise or enforce any rights or any provision of these Terms and Conditions of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.