Hex Pegs Website Terms and Conditions of Use
This website is owned and operated by Hex Pegs Pty Ltd ABN 28 627 087 781. The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use (‘Terms’). Reference to ‘us’ means Hex Pegs and it includes its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to ‘you’ mean you, the user of the website. By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.
Copyright in website material
All of the material on and in relation to the website is and remains the property of Hex Pegs at all times, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website. Any other use of the website material constitutes a breach of Hex Pegs copyright and other proprietary rights. You may copy and email the webpage URL’s to your family and friends for private and non-commercial purposes.
Hex Pegs is the owner or authorised user of all intellectual property in and associated with the website. Hex Pegs is also the owner or authorised user of the trademarks, logos, names and designs, whether registered or unregistered, in and associated with the website.
You have no rights in or license to any of the intellectual property, trademarks, logos, content, names or designs, whether registered or unregistered, in and associated with the website.
This website may include advertisements concerning products or services provided by third parties. These advertisements are not recommendations or endorsements by Hex Pegs. Hex Pegs does not control the content of and is not responsible for the advertisements. Hex Pegs will not be held liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred as a result of your use of any goods or services the subject of advertising on the website. Any concerns you have regarding any advertisement on the website should be addressed to the third party advertiser.
Third party sites
This website may contain links to third party websites. These links are not recommendation or endorsements by Hex Pegs and Hex Pegs does not take any responsibility for the content or functionality of websites. You access those sites solely at your own risk.
Usernames and Passwords
If Hex Pegs authorises you to register for or otherwise use online shopping, then you must keep your username and password (if any) confidential and not disclose it to any other person. Nor may you permit any other person to use that username or password (either for their own use or on your behalf).
Once registered you will be entitled to shop online and purchase products securely with your valid credit card or such other payment methods authorised by us from time to time. By submitting an order you represent and warrant that you are authorised to use the designated card or method of payment and authorise us to charge your order (including taxes and freight charges) to that card or payment method. If the card (or other methods) cannot be verified, in invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
All references to $ and dollars on the website are to Australian currency. All prices were current* at the time of publication on the website and are inclusive of GST.
*While we make every endeavour to ensure the accuracy of our website pricing, in the event of system based or human errors if you acquire a product the incorrect price, we will advise you as soon as possible and we reserve the right to cancel the transaction/ your order and refund the mistaken purchase price to you.
Freight charges are payable in addition to the product price.
“Content” means avatars, blogs, comments, compliments, criticisms, discussions, forums, images, observations, opinions, pictures, rankings, recommendations, responses, testimonials, text, videos. “Disseminate” means any form of communication by any means howsoever through any medium, including, without limitation, email, uploading, downloading, posting, listing, posting hyperlinks to, chatting, book-marking, social network sharing (including via Facebook, Twitter, and the like), transmitting, publishing.
From time to time you might be entitled to create and upload Content to be stored on the Hex Pegs website provided that:
- The Content will be your original work.
- You will not copy, plagiarise, reproduce or otherwise Disseminate the work of any other person.
- The Content will not infringe the intellectual property rights or any third party.
- The Content is uploaded or connected in accordance with our instructions from time to time,
- including via the use of other services and technologies, including YouTube and
- You adhere to these Terms.
You grant Hex Pegs the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty-free, worldwide right to Disseminate, reproduce, edit, modify, distribute, display and delete such Content (in whole or in part) via the Hex Pegs website or via such other medium or channel as determined by Hex Pegs from time to time. You consent to other Hex Pegs website users accessing, using and viewing the Content.
You will at all relevant times remain the exclusive owner of the Content that you create and upload to the Hex Pegs website.
Hex Pegs has the unfettered right at any time to temporarily or permanently remove your Content, in part or full.
You waive the following Moral Rights in respect of the Content that you create and upload:
- The right to attribution of authorship as defined in the Copyright Act 1968, and
- The right of integrity of authorship as defined in the Copyright Act 1968, and
- The right not to have the work subjected to derogatory treatment as defined in Copyright Act 1968.
This section headed “Content” survives the termination of these Terms.
Restrictions on use
You must not use the Hex Pegs website for any unlawful, immoral or unethical purpose, as we determine in our sole and absolute discretion, including:
- The Dissemination of unsolicited or unauthorised commercial electronic messages, SPAM, advertising or promotional material
- The impersonation or theft of another person’s identity or falsely state or otherwise misrepresent your affiliation with a person, including Hex Pegs.
- The creation or Dissemination of false or alias identities.
- to harass, threaten, stalk or otherwise communicate with any person against their will.
- To vilify others, including, without limitation based on race, ethnicity, sex, sexual preferences, religion or politics.
- The Dissemination of pornography, including child pornography involving a person under the age of 18 years or such age as provided by the laws and/or regulations of the countries or jurisdictions in which you use the Hex Pegs website, whichever is younger.
- To defame, slander or libel any person.
- For the purpose of money laundering, terrorist activities, causing civil unrest and other criminal activities.
- For the purpose of phishing
- For the purposes of industrial espionage or Dissemination of inside information gained or propagated by unlawful means.
- To Disseminate or otherwise infringe upon the private and/or confidential information or intellectual property rights of any person or infringe the publicity rights of any person.
- To Disseminate material that is abusive, vulgar, obscene, hateful, tortious or otherwise objectionable.
You must not:
- Copy or allow to be copied, all or part of the Content or underlying website code, other than as expressly permitted under these Terms. You must not Disseminate Content that has been created and uploaded to the Hex Pegs website by other people.
- Commercialise all or part of the Hex Pegs website.
- Use the Hex Pegs website or upload Content to promote, market, distribute or sell any goods or services.
- Make any adaptation, modification or derivative work of the other people’s Content.
- Sell, rent, lease, sub-license, assign or transfer all or part of your rights under these Terms.
- Use any type of spider, virus, worm, trojan horse, time bomb, adware, bot, hack, malware, phishing or other malicious codes, computer activity, application, executable, program, software or instructions that are designed to:
- Disable, damage, disrupt or disassemble all or part of the Hex Pegs website, or
- Communicate or seek to communicate with persons using the Hex Pegs website.
You are entitled to statutory consumer guarantees under the Australian Consumer Law. Hex Pegs does not exclude or limit those consumer guarantees.
Hex Pegs makes no warranty or guarantee regarding:
- Your use of the website or any material on the website.
- Your ability to access or use the website or any material on the website at any time.
- The loss or modification of information or material transmitted to or from the website.
- The absence of any defect, technical problem or virus attached to or arising from the website or the server upon which it is hosted.
- The use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website.
- The products displayed on the website being available at any time.
If Hex Pegs breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of Hex Pegs for a breach of the applicable term, condition or warranty is limited to, at the election of Hex Pegs:
- The resupply of the relevant product, advice, service, recommendation or information, or
- The payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again.
You indemnify Hex Pegs, its subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.
Additional terms and conditions are attached to certain pages of the website from time to time. You should ensure you are familiar with and are prepared to abide by these additional requirements before you make use of these particular website pages.
Changes to the website and your access
Without prior notice to you and in its absolute discretion, Hex Pegs reserves the right to:
- Vary or discontinue the website or any page of the website at any time; and
- Suspend or terminate your access to part or all of the website at any time, and Hex Pegs is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.
Changes to the Terms
Hex Pegs reserves the right to amend these Terms from time to time. Amended Terms come into effect from the time they are posted on the website but will not apply retrospectively or to any of your then current orders. You should review this page regularly to ensure that you are aware of any changes to the Terms.
Severance of clauses
If any clause of these Terms is held to be invalid, void, unlawful, or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.
This website may be accessed in Australia and throughout the world. We make no representation that the content of this website complies with the laws outside Australia and your access of this website out Australia is strictly at your own risk. These Terms will be governed by and construed in accordance with the courts of Australia.