Terms of Service

OVERVIEW

Welcome to owlandmonk.com.au (Website). Throughout the Website, the terms “we”, “us” and “our” refer to Owl and Monk ABN [79 892 975 338 ]. Owl and Monk offers the Website, including all information, tools and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices published on the Website from time to time (collectively the Terms of Service).

By accessing or using any part of the Website you agree to be bound by the Terms of Service. These Terms of Service apply to all users of the Website.

Please read these Terms of Service carefully before accessing or using the Website. If you do not agree to all the Terms of Service, then you may not access the Website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and /or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Headings used in the Terms of Service are included for convenience only and will not limit or otherwise affect their meaning.

TERMS OF USE

By agreeing to these Terms of Service, you represent and warrant that you:

  • are at least 18 years of age;
  • will only use the Website and our products and services lawfully; and
  • will use the Website for your personal and non-commercial use only.

    You acknowledge and agree that you are personal responsible and liable for ensuring that all information provided to us is accurate and correct and that all your details are inputted correctly when using the Website or service or completing an order of a product. 

    PROHIBITED USES

    In addition to other prohibitions set out in the Terms of Service, you are prohibited from using the Website or its content, our products or our services:

    • for any unlawful purpose;
    • to solicit others to perform or participate in any unlawful acts;
    • to violate any regulation, rule, law, ordinance or the like;
    • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
    • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    • to submit false or misleading information or defamatory or offensive content; 
    • to upload or transmit viruses or any other type of malicious code or technology that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet;
    • to collect or track the personal information of others;
    • to spam, phish, pharm, pretext, spider, crawl, or scrape;
    • circumvent or manipulate our fee structure, the billing process, or monies owed to us;
    • for any obscene or immoral purpose; or
    • to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.

                          We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses. 

                          GENERAL CONDITIONS

                          We reserve the right to refuse our products or service to anyone for any reason at any time.

                          You understand that your content, may be transferred unencrypted and involve:

                          • transmissions over various networks; and
                          • changes to conform and adapt to technical requirements of connecting networks or devices. 

                            You agree not to reproduce, duplicate, copy, sell, resell or exploit our products or services without express written permission by us.

                            ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

                            While we use all reasonable efforts to ensure that all information on the Website (Information) is accurate and up to date, occasionally there may be Information on the Website that contains inaccuracies, omissions, typographical errors or is out of date in respect of, but not limited to, product and service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

                            We do not give any warranty or representation as to the accuracy, validity, reliability, completeness or timeliness of the Information. The use of this Website and the Information is at your own risk and we accept no liability to any person or entity for any loss, damage or cost incurred as a result of reliance on the Information.

                            We reserve the right to correct any errors, inaccuracies or omissions, and to change or update Information or cancel orders if any Information is inaccurate at any time without prior notice (including after you have submitted your order).

                            MODIFICATIONS TO THE PRODUCTS, SERVICE AND PRICES

                            Prices for our products and services are subject to change without notice.

                            We reserve the right at any time to modify or discontinue a product or a service (or any part or content thereof) without notice at any time.

                            We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or service.

                            We reserve the right, but are not obligated, to limit the sales of our products and offerings of our services to any person, geographic region or jurisdiction.

                            All descriptions of products and services and their pricing are subject to change at any time without notice, at our sole discretion.

                            We do not warrant that the quality of any products, services, Information or other material purchased or obtained by you will meet your expectations.

                            THIRD-PARTY LINKS

                            Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

                            We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

                            USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

                            If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, Comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to:

                            • maintain any Comments in confidence;
                            • pay compensation for any Comments; or
                            • respond to any Comments.

                              We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

                              You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website, the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

                              COPYRIGHT

                              All material displayed on the Website including logos, text, graphics, names, design and related tag-lines and service marks are protected by copyright owned by us and is the intellectual property of us, unless otherwise indicated.

                              PERSONAL INFORMATION

                              We respect the privacy of our users and have created a Privacy Policy that sets out users’ rights and responsibilities regarding personal information disclosed on the Website. Please read our Privacy Policy for more information.

                              DISCLAIMER OF WARRANTIES

                              You use the Website, our products and services at your own risk. To the fullest extent permitted by law, we disclaim all warranties. 

                              We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free.

                              You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you.

                              You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

                              LIMITATION OF LIABILITY

                              In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or for any other claim related in any way to your use of the Website including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website. If the exclusion or the limitation of liability for consequential or incidental damages, is prohibited by law, liability shall be limited to the maximum extent permitted by law.

                              INDEMNIFICATION

                              You agree to indemnify, defend and hold us, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

                              SEVERABILITY

                              In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

                              GOVERNING LAW

                              These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of New South Wales and the Commonwealth of Australia.

                              CONTACT INFORMATION

                              Questions about the Terms of Service should be sent to us at chana@owlandmonk.com.au.