Terms and Conditions
Unless otherwise noted, all materials on this website, including text, images,illustrations, icons, photographs, video clips and other materials, and thecopyrights, trademarks, service marks, and other intellectual property in suchmaterials (“Content”) are owned, controlled or licensed by Angela Heise Pty Ltdand its Affiliates. (“Affiliates” includes any other entity controlling, controlled by orunder common control with Angela Heise Pty Ltd, where “control” means thepossession, directly or indirectly, of the power to direct the management andpolicies of an entity, whether through voting securities, contract or otherwise.)Content is provided solely for your personal, noncommercial use. No right, title orinterest in downloaded Content is transferred to you as a result of any suchdownloading or copying. You may not reproduce (except as noted above),publish, transmit, distribute, display, modify, create derivative works from, sell orexploit Content in any way. We reserve the right to pursue all legal remedies forany commercial exploitation of Content.
We do not claim ownership to any content, including text, images, illustrations,icons, photographs and other materials, you submit or make available through thiswebsite (hereinafter “user-generated content”). All user-generated contentposted, submitted or otherwise transmitted to this website remains the soleresponsibility of the person who originated such content. We do not and will notmonitor or control user-generated content posted, submitted or otherwisetransmitted to this website and take no responsibility for such content. With respectto any user-generated content submitted or made available for inclusion on thiswebsite, you grant Angela Heise Pty Ltd and its Affiliates, a perpetual, irrevocable,non-terminable, worldwide, royalty-free and non-exclusive license to use, copy,distribute, publicly display, modify, create derivative works, and sublicense suchcontent. You hereby represent, warrant and covenant that any user-generatedcontent you provide does not include anything to which you do not have the fullright to grant the license stated above.
Copyright Infringement Policy
We respect the intellectual property rights of others and expect our users to do thesame. We do not permit copyright infringing activities on this website and will, ifproperly notified, expeditiously remove or disable access to infringing content fromthis website. We reserve the right to remove or disable access to content withoutprior notice. If you believe that your Content has been copied in a way thatconstitutes copyright infringement, please provide us with the followinginformation: (i) a physical or electronic signature of the copyright owner or aperson authorised to act on their behalf; (ii) identification of the copyrighted workclaimed to be infringing or to have been infringed; (iii) identification of the materialthat is claimed to be infringing or to be the subject of infringing activity and that isto be removed or access to which is to be disabled, and information reasonablysufficient to permit us to locate the material; (iv) your contact information,including your address, telephone number, and an email address; (v) a statementby you that you have a good faith belief that use of the material in the mannercomplaint of is not authorised by the copyright owner, its agent, or the law: (vi) astatement that the information in the notification is accurate, and, under penaltyof perjury, that you are authorised to act on behalf of the copyright owner. Ourdesignated address for notice of alleged copyright infringement appearing on theServices is:
Angela Heise Pty Ltd
PO Box 9020
Wynnum Plaza, QLD 4178
Comments, Suggestions and Submissions
Any comments, suggestions, ideas, submissions or other communicationssubmitted or offered to us (“Your Comments”) will be and remain the property ofAngela Heise Pty Ltd and its Affiliates. Submission of Your Comments, whether viaemail, postal mail, or otherwise, will constitute an assignment to Angela Heise PtyLtd and its Affiliates of all worldwide rights, title and interest to all intellectualproperty rights in Your Comments. We will be entitled to use, reproduce, disclose,publish and distribute Your Comments (or any part thereof, in edited or modifiedform) for any purpose whatsoever, without compensation to you. You agree that:Your Comments will not violate rights of any third party, including but not limited to,copyright, trademark, privacy or other personal or proprietary rights; YourComments will not contain libellous or otherwise unlawful, abusive or obscenematerials; and you will not transmit any computer virus or other malware that couldaffect operation of our website.
Product Display and Information
We attempt to display the products/services featured on our website asaccurately as possible. However, we cannot guarantee that your monitor’s displayof merchandise colour, texture or detail will be accurate. On occasion, the websitemay contain incomplete information, typographical errors, or inaccuracies as todescription, pricing, promotions, or availability. We reserve the right to correcterrors at any time without prior notice (including after your order has beenplaced). Prices are quoted in Australian Dollars. We reserve the right to changepricing at any time.
We reserve the right to refuse any order placed with us or to limit or cancelquantities purchased per person, per household or per order. These restrictions mayinclude orders placed by or under the same customer account, the same creditcredit card and/or orders that use the same billing and/or shipping address. Wereserve the right to limit or prohibit orders that appear, in our sole judgement, to beplaced by dealers, resellers or distributors. If we limit or cancel an order, we willattempt to notify you through the email, billing address or telephone number youprovided when the order was placed.
Links to Other Websites
This website may contain links to websites owned and controlled by third parties.These links are provided solely for your information and convenience. We have nocontrol over or responsibility for third party websites which you use at your own risk.
This website and Content are provided on an “as is” basis without warranties of anykind, express or implied, including without limitation, implied warranties ofmerchantability, fitness for a particular purpose, or non-infringement of intellectualproperty. We disclaim any duty to update or revise Content although we maymodify Content at any time without prior notice. Your use of this website is at yoursole risk and you assume full responsibility for any associated costs. We will not beliable for damages of any kind related to or arising out of your use of this website.
You agree to defend, indemnify, and hold Angela Heise Pty Ltd and its Affiliates(including their officers, directors, employees and agents) harmless from andagainst any and all claims, damages, costs and expenses, including attorneys’fees, related to or arising out of your use of the website and/or your breach of theTerms.
Dispute Resolution, Choice of Law and Forum
In the event of any claim, action or dispute related to or arising out of anyangelaheise.com transaction, your use of this website, or the breach,interpretation or validity of the Terms, (“Dispute”), the party asserting the Dispute willfirst attempt to resolve such Dispute in good faith, by providing written notice tothe other party (via certified mail, return receipt requested or express deliverycarrier) describing the facts and circumstances (including any relevantdocumentation) and allowing the receiving party at least thirty days in which torespond to or resolve the Dispute. If to Angela Heise Pty Ltd, notice will be sent toAngela Heise Pty Ltd, PO Box 9020, Wynnum Plaza QLD 4178, Australia. If to you,notice will be sent to your last used billing address or the billing and/or shippingaddress in your online profile. Both you and Angela Heise Pty Ltd and its affiliatedcompanies agree that this dispute resolution procedure is a condition precedentto the filing of any litigation against the other. Any claim or action initiated by yourelated to or arising out of your use of this website or the Terms will be resolved onlyby state or federal courts located in Brisbane, Queensland, Australia. The Terms willbe construed in accordance with the laws of the State of Queensland, withoutregard to any conflict of laws provision.
Waiver of any of the Terms will not be deemed a waiver of any other Terms or ofour right to require strict adherence to any Terms at any time. If any Terms aredeemed unenforceable or invalid for any reason, that provision will be severablefrom remaining provisions, which will remain in full force and effect. These Termsconstitute the entire agreement between us relating to your use of this website.