1.1. This Internet web site ('Site') is owned and operated by Hallmark Editions, ABN 102 605 434 ('Hallmark Editions'). The following provisions set out the terms and conditions ('Terms and Conditions') under which any person accessing and using the Site ('You' and 'Your') may:-

(a) access and use the Site, including any pages or information linked to it that are owned and operated by Hallmark Editions; and

(b) purchase a Product or Products from Hallmark Editions through the Site.

1.2. By accessing and using the Site, You agree to be bound by the Terms and Conditions. Please read the Terms and Conditions carefully before accessing and using the Site. If You do not accept and agree to abide by the Terms and Conditions, please do not access and use the Site.

2. PRIVACY

2.1. How information is collected? Information is only collected when you successfully complete the online registration form.

How is this information kept secure? For added security we have outsourced the collection of credit card details to the Westpac bank using the eWay/Camtech web based credit card payment facility. For online registration, your credit card number will not be known by Palamedia at any point and remains with the Westpac bank

How is your information used? Your information is used soley for the purpose of administering the event or delivering the goods and services. This information will not be sold or provided to any other businesses or mailing lists without your consent.

Palamedia respects your privacy and is committed to protecting it. If you have any questions about security with our company, please contact us at info@exportmagazine.com.au.

3. COPYRIGHT

3.1. The Site, its design, and all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software ('the Works'), is the exclusive property of Hallmark Editions or its content suppliers, and is protected by Australian and international copyright laws. The Works may contain, from time to time, material that is the copyright of a third party.

4. LICENCE

4.1. Hallmark Editions grants You a limited, non-exclusive, revocable licence to:

(a) access, use, and download the Works contained in the Site solely for non commercial and personal purposes;

(b) access and use the Site solely for non-commercial and personal purposes; and

(c) if You are an internet service provider, supply the Works contained in the Site to Your subscriber.

4.2. Any conduct with respect to any of the Works contained in the Site, other than that described in clause 4.1 (including, without limitation, the reproduction, modification, adaptation, transmission or communication of such Works without the prior written permission of Hallmark Editions), is strictly prohibited.

4.3. Any conduct with respect to the Works that is authorised by Clause 4.1, must include the Hallmark Editions copyright notice "© 2003 Hallmark Editions. All Rights Reserved" and any other credits, trade marks or other legal notices applicable to the Works.

5. PURCHASE OF PRODUCTS

5.1. At the 'Events' section of the Site ('Events'), Palamedia Limited:

(a) advertises certain products for sale ('Product' or 'Products'); and

(b) lists the price for each Product ('Purchase Price').

5.2. You can make an offer ('Offer') to purchase a Product or Products from Hallmark Editions at the relevant Purchase Price, by:-
(a) accessing the Events;

(b) selecting the Product or Products (Event) with respect to which you wish to make an Offer, and clicking the 'register' button;

(c) completing the 'Customer Details' Form and clicking the 'next' button; and

(d) providing your 'Payment Details' at the Westpac card services ('Westpac') section of the Site and clicking the 'continue' button.

5.3. Hallmark Editions is deemed to have accepted ('Acceptance') the Offer when Westpac sends an email message to You, confirming that payment of the Purchase Price ('Payment') has been processed.

5.4. Payment will be processed by Westpac simultaneous to Acceptance. Payment must be made by credit card (Bankcard, MasterCard, Visa, or Amex).

5.5. An agreement ('Agreement') exists between You and Palamedia Limited, for you to purchase from Hallmark Editions the Product or Products with respect to which you have made an Offer, upon Acceptance.

5.6. The entire Agreement consists of:

(a) the Offer;

(b) the Acceptance; and

(c) the Terms and Conditions.

5.7. Each separate Offer and Acceptance, together with the Terms and Conditions, forms a separate Agreement.

5.8. If Hallmark Editions owes money to You under one Agreement, Hallmark Editions may set-off that money against any money that it owes You under another Agreement.

5.9. Hallmark Editions will deliver the Product or Products to You:-

(a) at the address for delivery ('Address') provided by You in the Customer Details Form in the Offer, within a time that is, at the discretion of Hallmark Editions, feasible or;

(b) in relation to an Event Registration, Goods and/or Services will be made available at the Event Venue on the date of the Event, upon confirmation of registration/receipt details.

5.10. Anyone at the Delivery Address who receives the Product or Products is deemed to be authorised to receive the Product or Products.

5.11. Property and risk in the Product or Products passes to You upon delivery to the Delivery Address.

5.12. If an event is cancelled all amounts will be fully refundable.

5.13. If you wish to cancel an Event registration, notice must be provided in writing and received by Hallmark Editions no less than seven days prior to the event date, and funds will be repaid less a $15 administration and processing fee. If no such notice is received the fee will remain payable in full, but a substitute delegate is welcome to take your place.

5.14. You must not:

(a) engage in the business of re-selling, distributing and/or supplying to any third party, whether through a web site or any other means, any Product/s that You have purchased from Hallmark Editions pursuant to an Agreement; and

(b) represent Yourself as Hallmark Editions or as an agent or sub-contractor of Hallmark Editions, by making any unauthorised use of any trade mark and/or copyrights owned by Palamedia Limited or by any other means.

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

6.1. Hallmark Editions reserves the right to modify or adapt any part of the Works (including information about a Product or Products) without notifying current or prospective customers or users.

6.2. Hallmark Editions is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. Hallmark Editions intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, all Works are provided "as is", without any warranty of any kind.

6.3. The liability of Hallmark Editions for any breach of any implied condition or warranty conferred by the Trade Practices Act 1974 (Cth), or any similar state or territory legislation in Australia which cannot be excluded, is limited to any one or more of the following, determined by Hallmark Editions in its sole discretion:

(a) in the case of a Product or Products:

(i) the replacement or repair of the Product or Products, or the supply of an equivalent Product or Products; or

(ii) the payment of the cost of replacing the Product or Products, or acquiring an equivalent Product or Products, or repairing the Product or Products; and

(b) in the case of services:

(i) supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

6.4. To the full extent permitted by law, Hallmark Editions, its related bodies corporate (as that expression is defined under the Corporations Law) and their directors, employees and/or agents will not be liable for any loss, claims, damages or costs (including legal costs) arising out of, or in connection with, Your use of or inability to use the Site, including but not limited to direct, indirect, incidental, special, exemplary and all consequential damages or losses of profits or opportunity to any person, even if such losses or damages were reasonably foreseeable.

6.5. If Clause 6.4 is unenforceable in whole or in part in any jurisdiction, due to relevant laws in that jurisdiction, then in no event will the liability of Hallmark Editions to You for any damages, losses, claims or otherwise, exceed the amount paid by You, if any, with respect to Your purchase of a Product or Products from Hallmark Editions, pursuant to an Agreement, through the Site.

7. INDEMNITY

7.1. You agree to indemnify Hallmark Editions and hold Palamedia Limited indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of Your use of the Site or any breach of the Terms and Conditions by You, including, without limitation, Your warranties and representations with respect to the Material.

8. LINKS TO THIRD PARTY SITES

8.1. Hallmark Editions makes no representations whatsoever about any other web sites which You may access from this Site ('Third Party Site'). A link from this Site to a Third Party Site does not mean that Hallmark Editions endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user.

9. ELECTRONIC COMMUNICATIONS

9.1. You consent to receiving communications from Palamedia Limited electronically, including electronic mail or notices posted on the Site.

9.2. You acknowledge that all agreements, notices, disclosures and other communications that Hallmark Editions provides to You and that You provide to Hallmark Editions electronically, satisfy any legal requirement that such communications be in writing.

10. CHANGES

10.1. Hallmark Editions may add to, delete, or otherwise change any of the Terms and Conditions by giving You notice ('Notice'):-

(a) by electronic mail; or

(b) by ordinary post to your address contained in the Customer Details; or

(c) by posting on the Site.

11. SEVERABILITY

11.1. The Terms and Conditions constitute:-

(a) the entire agreement between Hallmark Editions and You regarding Your use of the Site, and Your grant of all rights in any Material submitted to the Site; and

(b) part of an Agreement for You to purchase Goods from Palamedia Limited through the Site, as provided for in Clause 5.6.

11.2. The Terms and Conditions supercede all previous, written or oral agreements between You and Hallmark Editions.

11.3. No waiver of any breach of the Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.

11.4. If any provision of the Terms and Conditions is held to be unlawful, invalid, unenforceable or in conflict with any law in Australia, then any such provision will, to the necessary extent, be read down or severed from the Terms and Conditions, as applicable, and the remaining provisions will not be affected.

11.5. Your indemnity and assignment of all rights in any Material submitted to Hallmark Editions and the Site will survive any change to, or termination of, the Terms and Conditions.

12. APPLICABLE LAW

12.1. The Terms and Conditions shall be governed by, and construed according to, the laws of New South Wales, Australia. Any dispute under the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Courts of New South Wales and, by using the Site, You hereby submit to that jurisdiction.

13. ADDRESS

Export Magazine
Hallmark Editions
PO Box 84
HAMPTON VIC 3188
Australia

Or

Level 1, 99 Bay Street
BRIGHTON VIC 3186
Australia

http://www.exportmagazine.com.au
For further information email:
info@exportmagazine.com.au

For further information email:
info@exportmagazine.com.au