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1. Use of the Website
BY ENTERING, ACCESSING AND/OR USING THE NAMED.NET.AU WEBSITE ("WEBSITE"), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. The term "User(s)" in these Terms refers to visitors who simply browse the Website and those who register with the Website. Acceptance of these Terms created a binding contract between you and Named.net.au, the owner of the Website. Your use of the Website and Named.net.au personalised products and personalisation services (collectively, "Service(s)") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree to these Terms, then you should leave the Website and discontinue use of the Services immediately. Please read these Terms carefully and thoroughly, as they create a binding contract.
2. Limited License
Subject to the Terms stated herein, Named.net.au grants you a limited, revocable, and nonexclusive license to the access and use the Website and Service for personal, non-commercial use only. The Terms do not authorize you to collect, aggregate, copy, duplicate, reproduce, transmit, display, produce, perform, distribute, sell, license, or create derivative works of any portion of the Website and Service, without the express written permission of Named.net.au. Moreover, you are not authorized to compile or republish the content in any form. You agree to not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code for this Website and Service. In addition, you shall not use robots, spiders, and manual or automated software or scripts, or data mining or similar data extraction tools to access, scrape, crawl or spider the Website. A limited exception to the prohibition is granted to internet search engines and non-commercial archives.
3. Intellectual Property Rights
The Website contains intellectual property rights owned by Named.net.au and any unauthorized use of the Website may violate or infringe upon the intellectual property rights of Named.net.au or a third party. Specifically, Named.net.au owns the NANMED.NET.AU name, trademarks and logos, as well as other protected trademarks. You agree to not use the Named.net.au Marks without written permission from Named.net.au. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that are part of this site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Named.net.au, and are protected by Australian and international copyright laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Named.net.au and is also protected by Australian and international copyright laws. If you breach any of these Terms or otherwise infringe upon any intellectual property rights, then your authorization to use the Website and the license granted herein is automatically terminated.
4. Rules of Conduct for Users
BY ACCESSING THIS WEBSITE OR USING THIS SERVICE, YOU REPRESENT AND WARRANT THAT YOU WILL ABIDE BY AND COMPLY WITH THE TERMS CONTAINED HEREIN, INCLUDING THE FOLLOWING RULES OF CONDUCT FOR USERS:
A. You shall use the Service at your own risk.
B. While not condoned or allowed under these Terms, the Website may contain material you feel is offensive or inappropriate material, and you are solely responsible for such exposure.
C. The Website may not be used for any illegal or unauthorized purpose, and you agree to comply with all applicable laws regarding online conduct and acceptable content.
D. You shall not take any action on the Website that would disrupt, damage, or harm the Service.
E. If you are a registered user, then you are solely responsible for your account, including any activity undertaken under your username and password. You agree to notify Named.net.au promptly if there is an unauthorized use or access to your account, or any other breach of security.
F. You alone are responsible for your conduct and materials or content you submit, display or post on the Service.
G. You are not allowed to harvest, create, send or distribute any unwanted or unsolicited email or communications to Users, or otherwise violate any anti-spamming laws.
H. The collection and harvesting of private or personally identifiable information is strictly prohibited.
I. Named.net.au also reserves the right to cancel your order should it be deemed inappropriate in terms of language, content, or material.
5. Use of Website and Services at own Risk
You are solely responsible for your actions on the Website and Service, and for any content that is submitted, accessed, downloaded, linked to, or retrieved from or through the Website or Service. You expressly agree that you bear all risk related to your use of the Website and Service.
6. No Warranty
To the extent local law does not allow limitations on warranties, this provision may not apply in its entirety. Use of this Website and Service is at your own risk. The Website and Service are provided "as-is." NAMED.NET.AU, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS ("NAMED.NET.AU PARTIES") EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND OWNERSHIP. NAMED.NET.AU PARTIES DO NOT REPRESENT OR WARRANT THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE OR SERVICE, OR THAT THE WEBSITE AND SERVICE ARE FREE FROM ANY VIRUSES, ERRORS, BUGS OR OTHER HARMFUL COMPONENTS.
7. Copyright & Intellectual Property
This copyright and the trademarks and any other intellectual property rights belonging to third parties appearing in or arising from this website (together, the Intellectual Property) may not be used, copied or reproduced in any way without authorisation from the relevant owner. No licence is granted in respect of any use of any of the Intellectual Property. Unauthorised use of the Intellectual Property and of this website is strictly prohibited. The user agrees to indemnify Named.net.au for any losses that it may suffer or claims it may be exposed to as a result of unauthorised use of any Intellectual Property or any other information appearing on this website (which includes any such use by non-Australian residents).
At Named.net.au sole discretion, Named.net.au may terminate and close the accounts of Users who are offenders or infringers, including any My Personal Rewards membership and account. In addition, Named.net.au reserves, at its sole discretion, the right to limit or restrict access or otherwise terminate and close the accounts of any Users who infringe upon the intellectual property or other proprietary rights of third parties.
8. Linking to Third-party Websites
The Website may contain links to third-party websites that are not owned, controlled, endorsed or sponsored by Named.net.au . Named.net.au makes no representations or warranties regarding the content on these websites. These websites also contain different terms and conditions and privacy policies, and by visiting these websites you accept any and all risk.
9. General Contractual Clauses
a. PRIVACY: Named.net.au does not rent, sell, or otherwise provide your personally-identifiable information for third-party marketing or solicitation purposes. The Named.net.au Privacy Policy is incorporated herein by reference, and may be accessed and read at: Privacy Policy.
b. LIMITATION OF LIABILITY: To the extent your local law does not allow the limitation of liability, then this provision may not apply in its entirety. To the fullest extent provided under the law, Named.net.au, including its officers, directors, employees, affiliates, and agents have no obligation or liability to you or any third party, whether arising in contract, warranty, tort, (including negligence, product liability, or otherwise) for any direct, indirect, incidental, exemplary, punitive, special, or consequential damages (including any loss of data, revenue or profit) arising out of or with your use of this Service, the Website, any content submitted by you or any content submitted by other users, registered or not, even if you have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company's liability to you for any cause of action whatsoever, and regardless of the action, will at all times be limited to injunctive relief only, and you are not entitled to damages of any kind, unless otherwise permitted by law.
c. INDEMNIFICATION: You agree to indemnify, defend, and hold Named.net.au, and its officers, directors, subsidiaries, affiliates, parents, assigns, agents, service providers, suppliers, and employees, harmless from and against any and all losses, claims, liabilities, demands, including reasonable attorneys' fees and costs, made by any third party arising out of or related to your use of the Website or Service, including but not limited to any content submitted by you, your violation of these Terms, any damage you caused to another, your breach of the representations and warranties, and the violation of the rights of another. These obligations survive these Terms and your use of the site.
d. ASSIGNMENT: Users may not assign, convey, or otherwise transfer their rights under these Terms; however, Named.net.au may assign, convey or transfer without any restriction or notice.
e. TERMINATION: Your access and use of the Website and Service is at the sole discretion of Named.net.au. Named.net.au may remove any content and/or terminate your access without notice for any reason, and Named.net.au is not liable for any such termination.
f. MISCELLANEOUS PROVISIONS
i. Amendment: Named.net.au is free to alter, amend, or change these Terms at any time without notice. The amendments will be prospective only. You are encouraged to review these Terms from time-to-time because they may change without notice, and your use of the Website and Service is governed by the Terms in place at that time.
ii. Entire Agreement: These Terms reflect the entire agreement between you and Named.net.au. You may be subject to additional terms and conditions when you submit, download, access, or use third-party content.
iii. Enforcement: The failure to enforce any Term is not a waiver of such Term. Regardless of any statute, law, or regulation to the contrary, any claim, demand, or cause of action related to the Website, Service or the Terms must be filed within one year after the date it arose, otherwise it will be barred. If any provision or sections of these Terms is found to be invalid by a court of competent jurisdiction, then parties agree that the court should endeavor to give effect to the intent of the parties, and the remaining provisions or section remain in full force and effect.
For more information about Named.net.au or these Terms, please contact at:
Named Competition Terms and Conditions
1. Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions. The winner is determined by the most votes on an individuals vote space.
2. Entry is open to all residents of Australia. However, employees of 'NAMED' are not eligible to enter.
3. The competition commences on the 31st of October 2012 at 0:01 (AEDST) and concludes on the 7th of December at 22:00 (AEST).
4. To enter, participants are to respond to a Facebook promotion where they need to ‘Like’ the Named Online’s Facebook Page to unlock the entry form and register their details including (but not limited to) name, post code and e-mail address as well as upload a favourite photo of their Baby.
5. To Vote in the competition individuals are to respond to a Facebook promotion where they need to ‘Like’ the Named Online’s Facebook Page to unlock the Voting page.
6. All Entrants in the competition including participants and individual voters may only enter one vote during the course of the promotion.
7. The Promoter reserves the right to request the winner to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
8. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
9. Limit one entry per person
10. There is one winner who will win Personalised Baby Products and a Chibebe Slumber Pod and Pod Rocker Totalling over $500 worth of prizes
11. The prize draws will take place on the 10 of December at 9am (AEDST)
12. The winners will be notified via their registered email and published online on the Named Facebook Page.
13. The Promoter accepts no responsibility for any late, lost or misdirected entries not received by the Promoter or delays in the delivery due to technical disruptions, network congestion or for any other reason.
14. Prizes cannot be transferred or redeemed for cash.
15. The winner has 3 months from the time of the draw to claim the prize.
16. If the winner is under the age of 18 as at the date of the winner being determined, an adult must accompany the minor in the participation of the prize.
17. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation.
18. The promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion.
19. Once prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.
20. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize.
21. In consideration for the Promoter awarding the prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the winner’s participation in any aspect of the prize (Works). The winner acknowledges that the Promoter is free to use the Works and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use.
22. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
23. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.
24. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
25. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
26. If the competition winner is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian.
27. There will be one winner who will be determined by whoever receives the most votes for their child photo and will be drawn from all entries received throughout the duration of the promotional period by Named, 2c Northbrook Ave, Malvern, VIC, 3144.
28. All decisions of the Promoter are final and no discussions or correspondence will be entered into.
29. Prizes will only be awarded to the account holder of the entry mechanism used to submit their entry. The winner will therefore be, in each case, the account holder.
30. Should an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to Promoter.
31. The promoter’s decision is final and the promoter will not enter into correspondence regarding the Competition result.
32. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.
33. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion.
34. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorized access to or alteration of entries.
35. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
36. Named and their subsidiaries and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
37. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any written direction given under State Regulation.
38. All entries become the property of the Named. Named collects personal information about you to enable you to participate in this promotion. Named is committed to maintaining your privacy, and we want you to understand how we use and manage your data. In order to improve our services and provide better content, Named may keep track of patterns of use in the e-mails and e-mail newsletters sent. Please review our privacy statement for additional information. By supplying Named your information, you have given permission to communicate to you via mail, e-mail, SMS, MMS, Facebook, Twitter and telephone to inform you about services we deliver. If you wish to obtain a copy of our data privacy policy, access the personal information we hold about you or your personal information is inaccurate, incomplete outdated or to unsubscribe, please contact our Privacy Officer at Named, 2c Northbrook ave, Malvern, 3144, VIC Australia.
39. It is a condition of entry that the promoter has the right to publicise the names, characters, likenesses or voices of any contestants for any promotion or matter incidental to the competition. The winners may also be required by the promoter to participate in a photo, video and/or film session and acknowledges that the promoter has the right to use such publicity photos, videos and/or films in any medium (including, without limitation, the internet) and in any reasonable manner it sees fit, unless that person advises the promoter at the time of entering the competition that he/she wishes to retain his/her anonymity. Contestants also acknowledge that their photo may be used for a promotional display at the prize provider’s location. Contestants consent to their entry being published or broadcasted.
40. The Promoter is Named, 2c Northbrook ave, Malvern, 3144, VIC Australia.
41. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Appliances Online and not to Facebook. The information you provide will only be used for the purposes as disclosed in the above terms and conditions.
Named.net.au
2C Northbrooke Ave,
Malvern, VIC, Australia, 3144
Phone: (03) 98246996
Email: info@named.net.au
ABN: 42063821410
Personalizations Pty Ltd Operating under 'Named'
