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Terms and Conditions

These Conditions govern your use of the www.scenicgems.com website (“the Website”). Please read these Terms and Conditions carefully as they affect your rights and liabilities under law. By using the Website you agree to be bound by the Terms and Conditions. We may revise the Terms and Conditions from time to time by updating this posting. The revised terms will take effect when they are posted.

The Website Terms and Conditions of Use are as follows:

1. Terms

By accessing this web site, you are agreeing to be bound by the Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. All materials displayed and within use on the Website are copyright to the Website or are used with permission of the respective copyright owners. This includes but is not limited to; images, videos, textual content, software, coding and all files associated with functionality.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) from the Website for personal viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • copy the materials;
  • use or resell the materials for any commercial purpose, or for any public display (commercial or non-commercial) without prior written consent;
  • attempt to decompile or reverse engineer any software contained on the Website;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another entity or “frame” or “mirror” the materials on any other server or website without prior written consent.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Website at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

Your use of the Website is at your own risk. You must not rely on any statement published on or linked to the Website without first making your own enquiries to verify the information. To the extent permitted by law, we do not accept any responsibility or liability for:

(i) any statement in the material on or linked to the Website; or

(ii) any direct, indirect, incidental or consequential loss related to or arising from your doing, or not doing, anything as a result of using (or being unable to use) the Website and its content. This includes any claims, losses, costs, expenses or damages of any kind whatsoever (including legal fees) incurred by you or by any third party, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

4. Revisions and Errata

The materials appearing on the Website could include technical, typographical, or photographic errors. The Website does not warrant that any of the materials on its web site are accurate, complete, or current. The Website may make changes to its content at any time without notice. The Website does not, however, make any commitment to update the materials.

5. Availability of the Website

Although we aim to offer you the best possible service by your use of the Website, we make no promise that the availability of the Website will be uninterrupted and transmission will be fault free. Your access to the Website may be occasionally restricted due to a technical issue or malfunction whether it be within or outside of our control, or to allow for repairs, maintenance, amendment or the introduction of new facilities or services.

6. Third party websites, products and services

The Website includes links to the websites of third parties. We do not scrutinise or examine third party websites or any goods or services sold on them. We do not endorse the content of third party websites or any goods or services sold on them. You use third party websites at your own risk. You should carefully review all terms and conditions of any third party you use via the Website.

The views and/or imagery which are expressed by members of the public who have uploaded Content to the Website, or digital feeds that scrape information from other websites, are not our views and we accept no liability in respect of any content posted on the Website by third parties, nor are we responsible for its content or accuracy. Any reliance you place on content posted on the Website is at your own risk.

If you consider any content that has been posted to the Website offensive, unsuitable or has in some other way breached these Terms and Conditions, please email us with a link to the relevant content and your reasons for objecting to it. We will consider your objection and determine whether the content should be removed at our sole discretion.

7. Applicable law and jurisdiction

The Terms and Conditions, and the use of the Site(s) and any contents thereof, are in all respects governed by and according to the laws of the State of Queensland, Australia. By using the Website, you irrevocably agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia, for the resolution of any dispute of any kind whatsoever, including without limitation any dispute arising out of the interpretation or application of the Terms and Conditions, or your use of the Website or any material contained therein, or accessed thereby.

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