Terms and Conditions - Disclaimer

Welcome to koalawhere.com. We support fun, but we all need our boundaries, so don't get too freaked out by this legal stuff.

By visiting this site, placing an order or registering your koalawhere, you accept and agree to the following terms and conditions. These terms and conditions may be changed in the future without notice to you, so please continue to review these Terms and Conditions as often as you believe necessary.

Information
When you create an account with koalawhere you represent and warrant to us that (i) the information you provide to us is true, complete and correct, and that you will maintain and update that information as circumstances require; (ii) that you are atleast 18 years or older - or you have your parents permission to register; (iii) you are using your actual identity. You understand that you are responsible for maintaining the confidentiality of yoru account and password. You will notify koalawhere immediately if you believe your password has been compromised by others.

If you provide any information to koalawhere (including in the form of photo comments), you are responsible for such information and are responsible for the consequences of any information that you provide. Such information shall not: (i) be false, misleading or fraudulent; (ii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance or regulation; (iv) be defamatory, libelous, unlawfully threatening or unlawfully harassing; (v) be obscene or contain a sexually explicity image; (vi) contain any "spam" or any viruses, worms, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any software, hardware, system, data or personal information; (vii) create liability for us to caus us to lose the services of any of our service providers or other suppliers; or (viii) link directly or indirectly to or include descriptions of goods or services that are prohibited hereunder or that you do not have a right to link to or include. You understand that koalawhere reserves the right in its sole discretion to edit, restrict or remove any information you provide for any reason at any time; including permanent deletion of photos that may controvene the items listed previously.

You understand that we do not pre-screen or control information provided by other users that is made available through our site; except the content of photographs. Koalawhere does not guarantee the accuracy of quality of such information or the Content (as defined below), nor shall koalawhere be in any way liable for such information or Content. You may find other user's information or the Content to be offensive, indecent, harmful, inaccurate, or deceptive. You agree that you will independently evaluate and bear all risks associated with such information and Content. Please use caution when using our Site, and be aware that there is the risk of dealing with underage persons or persons acting under false pretense.

Copyrights and other intellectual property rights
All content included on this Site and the products or services provided or sold by koalawhere ("Content", including the text, graphics, logos, icons, images, audio and video clips and software is the property of koalawhere and/or its content suppliers, and is subject to the copyright or other intellectual property rights of koalawhere and to the terms of licenses held by koalawhere. This Content is protected by Australian and international copyright and other laws and does not constitute material in the public domain. The manner in which the Content is collected, arranged and assembled (compiled) on this Site is the exclusive property of koalawhere and is protected by Australian and international copyright and other laws. Any unauthorised reproduction, modification, distribution, transmission, republication, display or performance fo the Content is strictly prohibited. By submitting any information or other material to us (including photos), you automatically grant koalawhere a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials in any form or medium now known or later developed. Koalawhere does not grant any right to you in any of the Content.

Use of Site
KoalaWhere grants you a limited license to access and make personal use of the Site, but not to download or modify it. You may not frame any portion of the Site or utilise any type of meta tag or other type of hidden text in connection with the Site without our express permission. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by KoalaWhere. Prohibited commercial use includes collection or use of product listings or prices, derivative use of Content, or any use of any type of data mining tools. We reserve the right to refuse service, terminate relationships, and/or cancel orders in our sole discretion, including, without limitation, if we believe that a user's conduct violates applicable law or is harmful to the interests of KoalaWhere. If we terminate your account, you shall remain liable for any orders placed through such account prior to such termination. We may suspend or discontinue any aspect of the Site at any time without prior notice.

Privacy
Your privacy is important to us. Please see our Privacy Policy for more information.

Products
Although we make every effort to insure that our products are in stock when so indicated and that information and prices concerning products and services listed on the Site are accurate, THE PRICES AND AVAILABILITY OF SUCH PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. If a product or service has been listed at an incorrect price, we reserve the right to refuse or cancel your order for that product or service even if your order has been confirmed. Your receipt of a confirmation of an order from us does not signify our acceptance of that order, and we may cancel such order or supply less than the quantity you ordered. Certain products or service listed for sale may not be available to users located in certain areas, and KoalaWhere may reject your order for this or any other reason.

If you have any questions or require more detailed specifications concerning a product or its use, you should contact the product's manufacturer.

Shipping outside of Australia
The majority of products sold by KoalaWhere are able to be shipped outside of Australia for personal use only. We reserve the right to refuse orders from certain areas at any given time.

Idemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand or expense, (including legal fees), made by any third party due to or arising out of your breach of these Terms and Conditions, your use of the Site, its Content, any products you may have purchased, or the materials the Site incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of any third party.

KoalaWhere shall not be liable for any loss or damage suffered by you, including consequential loss or damage, economic loss, loss of profits, revenue, goodwill, bargain, anticipate savings or date suffered by you whether caused by KoalaWheres breach of contract, negligence, breach of statute or wilful default, save as provided below, howsoever caused.

If any condition or warranty is implied under the Trade Practices Act 1974 or any equivalent state or territory legislation, and cannot be excluded, KoalaWheres liability for breach of the condition or warranty will be limited to one or more of the following determined by KoalaWhere, in KoalaWheres absolute discretion.

In the case of goods, any one or more of the following:
- replacement of the goods or the supply of equivalent goods;
- repair of the goods;
- payment of the costs of replacing the goods or of acquiring equivalent goods; or
- payment of the cost of havings the goods repaired; and

In the case of services:
- the supplying of the services again; or
- the payment of the cost of having services supplied again.

In any event, KoalaWheres aggregate liability under or relating to this agreement, whether in contract, tort, equity or pursuant to statute is limited to an amount equal to (including refunds and the value of replacement goods or services given to you) the amount paid by you to KoalaWhere for the applicable goods or services the subject of this claim.

KoalaWhere shall not be liable for any loss or damage suffered by you as a consequence of:
- the frustration of this agreement by matters beyond the control of KoalaWhere
- any delay by KoalaWhere in completing the works;
- the excercise by KoalaWhere of any of its rights pursuant to these terms and conditions.

You shall not be entitled to recover any compensation or damages for loss or damage suffered, save as provided pursuant to the terms of this clause, even if such loss or damage was forseen, forseeable or advised to KoalaWhere by you.

GST / Taxes
You shall be responsible for payment of any applicable Taxes in relation to the supply of goods and services under this agreement on the following terms:
- KoalaWhere shall supply to the client a tax invoice in accordance with the Act unless specifically requested not to do so;
- any GST payable by the client under this agreement is calculated by multiplying the prevailing GST rate by the price payable by the client for the relevant supply, as calculated by reference to clause 1 hereof.

The follwing terms shall bear the following meanings:

"Act" means a New Tax System (Goods and Services Tax) Act 1999 and a New Tax System (Goods and Services Tax) Transition Act 1999 and any related or replacement tax impositions.

"GST" means any tax imposed by or through the Act on supply (without regard to any input tax credit);

"Supply" means taxable supply under the Act;

"Taxes" means all taxes, charges, duties and similar imposed by a government or statutory body relating to the supply and use of goods and services or otherwise arising out of this agreement including without limitation sales tax, GST, fringe benefits tax, undistributed profits tax, withholding tax, financial institutions duty, stamp duty and any interest on penalty imposed in connection with any of the preceding items by does not include any tax payable on KoalaWheres income or capital gains.