Australian Aboriginal artwork and merchandise

TERMS & CONDITIONS

Terms of Use for Users of Footsteps Gallery The Footsteps Gallery Website ("the Website") is owned and operated by Footsteps Gallery ABN 85 909 773 831. Contact details for the Company are give on the Contact page. This page was last updated on 15 December 2005 in relation to copyright. Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as "Terms of Use"). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. Footsteps Gallery reserves the right to amend the Terms of Use at any time without notice. Intellectual property and restrictions on use of Content on the Website All information, text, material, graphics and software on the Website ("Content") are Copyright © Footsteps Gallery 2005, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by Footsteps Gallery. On the condition that you keep all Content intact and in the same form as presented on the Website (including all copyright, trademark and other proprietary notices), you may: download and view the Content for your personal, non-commercial use; or supply the Content to your subscriber if you are an Internet service provider. You must not use the Website in any manner or for any purpose, which is unlawful, or in any manner which violates any right of Footsteps Gallery, impacts upon the company in a negative manner or which is prohibited by the Terms of Use. All trademarks displayed on the Website are trademarks of their respective owners. Nothing contained on the Website should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of Footsteps Gallery or third-party owner. Links to third party websites. The Website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Footsteps Gallery, and Footsteps Gallery is not responsible for the contents of any linked web or any hyperlink contained in a linked website. Footsteps Gallery provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Footsteps Gallery or its Affiliates. You link to any such website at your own risk. Disclaimer and limitation of liability. The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Footsteps Gallery of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"). Footsteps Gallery does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law, or statute. Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) Footsteps Gallery and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Footsteps Gallery does not warrant that the functions contained in any Content or your access to the Website will be error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) Footsteps Gallery does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not Footsteps Gallery) assume the entire cost of any verification, maintenance or correction of any Content. Under no circumstances (including but not limited to any act or omission on the part of Footsteps Gallery) will Footsteps Gallery be liable for any indirect, incidental, special and/or consequential damages, or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Footsteps Gallery does not exert control over users of the Website and is not liable either for their opinions or for their behaviour including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, Footsteps Gallery's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Footsteps Gallery to the following: • in the case of services supplied or offered by Footsteps Gallery, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and • in the case of goods supplied or offered by Footsteps Gallery, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired. Termination of Terms of Use The Terms of Use are effective until terminated by Footsteps Gallery, and Footsteps Gallery may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all Footsteps Gallery disclaimers and limitations of liability set out in the Terms of Use will survive. Miscellaneous This agreement will be governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity, or unenforceability will not affect the remainder of the agreement which will continue in full force and effect. All rights not expressly granted herein are reserved.