Terms and Conditions
15 July 2013
In these terms and conditions, âweâ âusâ and âourâ refers to Dumbo Feather.Â Your access to and use of all information on this website including any purchase of our products is provided subject to the following terms and conditions (Terms).
We may amend these Terms from time to time.Â Each time you use our website you agree to be bound by these Terms (as amended).Â Please check the Terms each time you access our website to check for changes.Â When the terms are changed, the date of the Terms will change.
Our Website Services and Access
1. You may participate in any forums, messaging threads or post comments through the website.Â You agree not to post any material that contains swear words, is defamatory, in breach of another’s privacy, offensive, obscene, sexually explicit, harassing, abusive, threatening to others, deceptive, derogatory to any race or religion, indecent, unlawful, libellous or infringes any third party’s intellectual property rights (Prohibited Content) or otherwise breaches our Terms. You are solely responsible for any content you upload to our website.
2. You agree you will not upload any Prohibited Content or content containing spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer codes, files or programs or other harmful components designed to interrupt, destroy, change or limit the functionality of the website or in any way interfere with another user’s use and enjoyment of the website.
3. By posting or submitting content to the Dumbo Feather website, you consent to us and our associated entities and licensees, the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote the content as we see fit and you warrant you own or are licensed to use all of the rights to the content being posted by you on our website and none of it will infringe the intellectual property rights of any third party.
4. Dumbo Feather reserves the right to monitor all content posted to its website and to modify or remove any content, messages or postings that it deems, in its sole discretion, to contain Prohibited Content or otherwise breaches our Terms.Â Notwithstanding this right, Dumbo Feather is not obligated to take any such action and is not responsible or liable for any content, messages or postings uploaded to its website.
5. Dumbo Feather owns, or is licensed to use by third parties, all intellectual property contained in this website (Intellectual Property) which includes without limitation, all copyright in any literary or artistic works, trade marks, designs, patents, computer software, know how, material, information and data (such as data files, audio files, written text, computer software, photographs or other images).
6. You may not use, modify, rent, lease, sell, distribute or create derivative works based on the whole or any part of the Intellectual Property contained in this website without the express written consent of Dumbo Feather.
7. You understand and agree the website may contain content that is in your opinion, offensive, indecent or objectionable and you use the website, including accessing, obtaining or using any information at your own risk.
8. Dumbo Feather does not warrant that the information contained in the website including any posts or comments, is accurate, suitable for your purposes, without errors, omissions or viruses.
9. When you visit our website, we give you a limited licence to access and use our information for personal use only.
10. You are permitted to access a copy of the information on this website to your computer for your personal use only provided you do not delete or change any copyright symbol, trade mark or other proprietary notice.Â Your use of our content in any other way infringes our intellectual property rights and may infringe the intellectual property rights of third parties.
11. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
12. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.Â The licence does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
13. We do our best to ensure our products are described as accurately as possible on our website, however we do not warrant the accuracy of the description.Â If we become aware of any inaccuracy in the description, we will correct the error or omission.
14. We endeavour to keep our subscription product list up to date.Â Current and back issues of the magazine can be purchased separately through the website, however we cannot guarantee the availability of any back issues of our magazines.
15. Prices quoted are in Australian Dollars (AUD) and inclusive of GST (where relevant) and can be accessed from our home page.Â We may amend our prices from time to time.
16. Packaging and postage is factored into the price already.
18. Confirmation of your order occurs immediately on-line or by phone unless payment cannot be processed.Â Please contact us if there is a problem ordering on line and we will process the payment over the phone.
19. Subscriptions delivered by post, begin with the next issue of Dumbo Feather, (published quarterly so it may be up to three months before you receive your first issue).
20. Current and back issues purchased on line are dispatched and sent via post to the nominated address within seven working days.
21. We consider the security of your financial details to be of paramount importance and use a secure third party payment system to process your financial details.
Rollover of your Ongoing Subscription
22. For your convenience we offer the option of an ongoing subscription. This means that at the end of the subscription term, the subscription automatically rolls over following payment being received by us.Â We take payment by debiting the subscription fee to your nominated credit card on a quarterly basis.Â You can opt out of the rolling subscription at your convenience. Note, however, that you must opt out at least two weeks before an issue is distributed in order to avoid being charged for that issue.
Flat Rate Annual Subscription
23. Annual subscriptions are non-refundable after the time of purchase.
Suspension of Subscription
24. If you receive your annual subscription by post and will be away from home for an extended period of time, you may contact us by email at firstname.lastname@example.org and request we temporarily suspend your subscription until you return.Â The maximum period we can suspend your subscription is twelve months.
25. We know a lot of people buy subscriptions and also receive them as gifts. If you find yourself with multiple subscriptions, contact us by email at email@example.com and weâll roll the subscriptions together and extend the length of the overall subscription.
Product Returns for Magazines not Received or Damaged in the Post
26. If the magazine (or any other product purchased through the website) has been damaged in the post, please advise us within 7 days of receipt of the damaged goods by one of the following methods to arrange a replacement magazine or a credit note at no charge:a. email to firstname.lastname@example.org
b. write to Dumbo Feather Returns – 11 Princes Street, St Kilda VIC 3182; or
c. phone: 03 8534 8014.
We will refund the reasonable cost of any postage or phone calls incurred to notify us of receipt of the damaged magazine.
27. The warranty given above is in addition to any other rights and remedies you may have as a consumer under Australian Consumer Law in relation to the goods or services to which the warranty relates.
28. For Australian orders, if you do not receive your copy of the magazine within 21 days of us mailing it to you, please notify us by email at email@example.com and we will send you a replacement magazine at no cost. It is your responsibility to keep your postage details up to date.Â We will not send a replacement copy if you have not updated your address.
29. Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
30. This website may contain hyperlinks to other websites not operated or controlled by Dumbo Feather.Â These links are provided for convenience only and Dumbo Feather does not sponsor, endorse or approve of any material or products on linked sites.Â Dumbo Feather also takes no responsibility for the content, maintenance of or privacy compliance by any linked website.
31. Linking to our website is not permitted without our express written consent.
Intellectual Property Rights
32. Copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
33. All trade marks, brands and logos generally identified either with the symbols TM or Âź which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our express prior written permission.
34. We take all due care to ensure our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system arising in connection with your use of our website or any linked website.
35. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders.Â Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Accessing the Website from Countries other than Australia
36. Dumbo Feather makes no representation that material or content on this website is appropriate for use or available for use outside of Australia and you must not access the website outside Australia where the content is illegal or prohibited. Â Anyone who accesses this website in a country where the content is considered illegal or prohibited has done so on their own initiative and you are solely responsible for compliance with the laws of that country.
Limitation of Liability
37. If you are not a consumer within the meaning of Schedule 2 of the Australian Consumer Law (Consumer) then this clause applies to you.Â If you are a Consumer within the meaning of the Australian Consumer Law then this clause has no effect whatsoever to in any way limit our liability or your rights.Â If you are not a Consumer:-
(i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
(ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
(iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
(iv) We do not participate in any way in the transactions between our users.
38. If you breach these terms and conditions, Dumbo Feather may at its sole discretion, issue a warning to you, temporarily suspend your access to the site or permanently prevent your access to all or part of the website.
39. By accessing our website, you agree to indemnify and hold Dumbo Feather, its directors, employees, agents and associated entities harmless from all claims, actions, damages, costs, losses and expenses including legal fees arising from or in connection with your use of our website.
40. We take all due care with any information you provide to us when accessing our website. However, we cannot ensure the security of any information which you may provide to us.Â Information you transmit online to us is entirely at your own risk although we take all reasonable steps to preserve such information in a secure manner.
Interruption to Access
42. There may be times we experience disruptions to our website, such as technical problems or undertaking maintenance causing our website to be offline which may or may not be within our control.Â Where we schedule maintenance we will use our best endeavours to provide our readers with reasonable notice of any scheduled maintenance. We are not liable to you for any loss or damage (including consequential loss, damage or loss of profits) arising, whether directly or indirectly from any interruption, disruption or failure to access either the whole or part of our website at any time.
43. This Agreement is governed by the law applicable in Victoria, Australia.Â Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia, and waives any right it might have to claim that those courts are an inconvenient forum or for any other basis.
44. If any term or provision of the Agreement is held to be invalid or unenforceable, it is to be read down so as to be valid or enforceable or, if such reading down is not possible, severed and the remaining terms will not be affected but will be valid and enforced to the fullest extent permitted by law.
45. Australian Consumer Law means the Competition and Consumer Act (Cth) 2010.