General
By accessing the website www.polkadotduck.com and www.polkadotduck.com.au you agree to be bound by these Terms of Use.
This website is operated by Polka Dot Duck in Australia. Polka Dot Duck reserves the right to modify, alter or otherwise update these Terms of Use at any time without notification.
This Website is intended for usage within Australia and is not intended for usage outside of these borders. Product sales and service will not be available outside of Australia (via this website or through Independent Jewellery Designers) and using misleading address information to secure product is in breach of these Terms of Use.
Limitation of Liability
The above site allows access to both the general public and also the enrolment and usage of Independent Jewellery Designers. Polka Dot Duck reserves the right, for any reason, and without notice to revise our product and service offerings including the services provided by this site, including termination, suspension or discontinue of any aspect or the whole of the above sites. The Terms of Use do not alter in any way the terms and conditions of any agreement held with Polka Dot Duck or the Policies and Procedures set for Independent Jewellery Designers. You should seek independent professional advice in relation to any business opportunities or investments referred to on this Website and their impact on you. No content on this Site is to be constitute investment or business advice.
YOU RELEASE POLKA DOT DUCK, IT’S EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS AND REPRESENTATIVES (THE FOREGOING ENTITIES COLLECTIVELY, THE “POLKA DOT DUCK ENTITIES”) TO THE MAXIMUM EXTENT PERMITTED BY LAW, FROM ANY LIABILITY WHICH MAY ARISE AS A RESULT OF YOUR USE OF THE WEBSITE (OR INABILITY TO DO SO), ITS CONTENT OR INFORMATION CONTAINED WITHIN.
YOU HEREBY RELEASE POLKA DOT DUCK AND POLKA DOT DUCK ENTITIES FROM ALL LIABILITY FOR ANY LOSS OR DAMAGES, LOSS OF PROFITS OR BUSINESS OPPORTUNITIES ARISING OUT OF THIS AGREEMENT, ALL POLKA DOT DUCK WEBSITES AND CONTENT, USE OR INABILITY TO USE SITES, AND ALL ACTS AND OMISSIONS AND ALL ERRORS.
POLKA DOT DUCK EXPRESSLY DISCLAIMS LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THIS INFORMATION AND MATERIALS AND DOES NOT GUARANTEE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION HELD ON THIS WEBSITE.
ANY POSTING OF PERSONAL AND IDENTIFYING INFORMATION ON ANY POLKA DOT DUCK SITE INCLUDING BUT NOT LIMITED TO THIS SITE, SOCIAL MEDIA (INCLUDING BUT NOT LIMITED: TO FACEBOOK, AND TWITTER IS EXPRESSLY AT YOU OWN RISK. THIS INFORMATION WILL BE AVAILABLE TO OTHER/ALL USERS AND NOT WITHIN THE CONTROL OR LIABILITY OF POLKA DOT DUCK & POLKA DOT DUCK ENTITIES. THIS INCLUDES THE POSTING BY MINORS WHICH SHOULD BE UNDER THE SUPERVISION OF A PARENT OR ADULT GUARDIAN.
Disclaimer of Warranty
This website is provided without express or implied warranties of any kind, including and not limited to warranties of merchantability, fitness for any purpose or title. Polka Dot Duck/Polka Dot Duck Entities does not represent or warrant that the Website will be available on a timely basis, uninterrupted, or error-free. In no event will we be liable for any loss or damage of any kind resulting from or based upon use or inability to access the Website.
POLKA DOT DUCK DOES NOT WARRANT OR REPRESENT THAT THIS SITE IS FREE OF VIRUS OR OTHER HARMFUL COMPONENTS. USE OF THE SITE’S CONTENT OR DATA IS SOLELY AT OWN RISK.
4. Intellectual Property
All Site content, and the arrangement and its usage are are ALL RIGHTS RESERVED © 2014 Polka Dot Duck and/or its licensors.
No material from this Site, or any other controlled, owned or operated by Polka Dot Duck shall be copied, redistributed, shared in any format, duplicated in any manner including and not limited to digital and social dissemination without permission of Polka Dot Duck by any member for the public. All images are the copyrighted material of Polka Dot Duck and its photographer, images are not to be taken from the site and used elsewhere, this is a breach of Copyright and will be pursued to the full extent of the law.
Any material made available to Independent Jewellery Designers from this site is bound by the Policies and Procedures of Polka Dot Duck and can and may result in suspension, termination or legal action if not used in accordance to the Policies and Procedure. Policies and Procedures are subject to change and should be revisited accordingly.
Polka Dot Duck respects the Intellectual Property of others. Any violation or concerns that your Copyright, Intellectual Property or work has been violated in any way may be addressed by emailing Polka Dot Duck. Polka Dot Duck will take appropriate action under applicable intellectual property laws to any suspected infringement. Polka Dot Duck will take action, at its sole discretion, to remove or amend any challenged material as it sees fit.
5. Links to Third-Party Sites
This Website may contain links to third party Sites. Unless expressly stated Polka Dot Duck does not endorse, and is not responsible for, any content. Our Privacy Policy does not apply to third-party sites.
6. Indemnity and Release.
You agree to release, indemnify and hold Polka Dot Duck and its affiliates, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use and access to the Site, any Submissions, your connection to the Site, your violation of these Terms of Service or your violation of any rights of another.
Governing Law
This Terms of Use Agreement and Privacy and Policy Stement are governed by and interpreted in accordance with applicable South Australian laws, without regard to its conflicts of laws principles. You hereby agree that any dispute or claim arising out of or relating to these Terms of Use and Privacy Policy will be resolved only by Courts within South Australia, Australia and you hereby agree to the litigation of any such dispute or claim in the exclusive jurisdiction of such courts.
8. Privacy Policy
If you provide us with any personal information our Privacy Policy (see PRIVACY POLICY) will govern how we use or disclose that information. We are committed to the protection of minors that access our website and do not knowingly collect any information from minors.
Our privacy policy does not apply to other websites. Third party websites have separate privacy and data collection practices beyond our control. Polka Dot Duck assumes no responsibility or liability for their independent practices or actions. We recommend you carefully ready the privacy policy of third party sites prior to leaving personal information of any kind.