Introduction

By visiting, viewing or ordering from our website you agree to acknowledge and be bound by the Terms and Conditions outlined in this Agreement.

This Agreement outlines the trading Terms and Conditions bound to all Piccolo Digital transactions incorporating but not limited to online, fax, phone and email ordering. Furthermore, this agreement outlines specific terms of use applicable to all aspects of our website.

The words we, us, our or Piccolo Digital. The words you and your refer to registered users, customers, resellers, associates, suppliers or general public visitors to our Web Site.

We may amend this Agreement at any time in our discretion by posting the amended terms on our Site. Any amendments to this document will be posted in the online News facility and welcome page. Except as stated below, all amended terms shall automatically be effective immediately after they are posted in the online News facility. This Agreement may not be otherwise amended except through a written request from you (signed) and agreed by us (signed). This agreement is effective on 30/11/2011. All trading Terms and Conditions are outlined in the following sections:

  1. Governing Law
  2. Intended Use
  3. Disclaimer and Limitation of Liability
  4. Licence to use Website
  5. Acceptable Use

1. Governing Law

The Terms and Conditions of this agreement are governed by the applicable statutory rules and regulations enforced by the Federal Government of Australia and the applicable State Government of the user purchasing the goods.

2. Intended Use

All material including but not limited to text, images, multimedia, advertisements and downloadable content is published by us and made available to worldwide audiences. If you access this website outside of Australia, you do so at your our risk and you must comply with the rules and regulations enforced by your respective jurisdiction.

You agree differing terms and conditions exist between local (Australian) and international customers.

The general public of all ages may view all publicly available material and only copy it for personal use. You may only use material for commercial purposes when you have prior written consent from Piccolo Digital.

Registered users may be but not limited to general public, employees or representatives of companies, associations, governments or any other corporate entity.

3. Disclaimer and Limitation of Liability

All material on our website is provided to you “as is” and “as available”. We do not warrant or guarantee the accuracy, adequacy or completeness of this material, and expressly disclaim liability for mistakes, misleading or absent information.

Although the content in the pages herein are well thought out, educated opinions, and all care has been taken in putting them together, they are intended to be a guide only, and are NOT intended to be medical or other professional advice. The information is not intended to be a substitute for professional advice, and you should always consult your doctor or other healthcare professional on all issues relating to you, your baby or otherwise, and we do not accept any liability for any loss of any nature whatsoever arising out of the content in these pages.

To the maximum extent permissible by law and unless otherwise specified, we do not warrant, guarantee or make any representations and warranties of any kind, whether express, implied or statutory.

Whilst we promise to actively combat malicious activities, we do not warrant, guarantee or make any representations our website will be safe from such behaviour including but not limited to viruses, hackers or denial of service attacks. Furthermore, we do not warrant, guarantee or make any representations that our website will be fully accessible at all times and disclaim any loss or damages as a result of it being unavailable.

To the maximum extent permitted by law, we disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with:

  1. use of this site; or
  2. the inability to use this site by any party; or
  3. any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
  4. line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.

4. Licence to use Website

You may:

  1. view pages from our website in a web browser;
  2. download pages from our website for caching in a web browser;
  3. print pages from our website;
  4. [stream audio and video files from our website; and]
  5. [use [our website services] by means of a web browser,] subject to the other provisions of these terms and conditions.

Except as expressly permitted by Section 4 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

[You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.]

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

  1. republish material from our website (including republication on another website);
  2. sell, rent or sub-license material from our website;
  3. show any material from our website in public;
  4. exploit material from our website for a commercial purpose; or
  5. redistribute material from our website.
[Notwithstanding Section 4, you may redistribute [our newsletter] in [print and electronic form] to [any person].]

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable Use

You must not:

  1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  5. [access or otherwise interact with our website using any robot, spider or other automated means;]
  6. [violate the directives set out in the robots.txt file for our website; or]
  7. [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]
[You must not use data collected from our website to contact individuals, companies or other persons or entities.]

You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].