AGREEMENT BETWEEN USER AND Wilcom International Pty Ltd
The Hatch Embroidery website is comprised of various web pages operated by Wilcom International Pty Ltd.
The Hatch Embroidery website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Hatch Embroidery website constitutes your agreement to all such terms, conditions, and notices.
Wilcom International Pty Ltd reserves the right to change the terms, conditions, and notices under which the Hatch Embroidery website is offered, including but not limited to the charges associated with the use of the Hatch Embroidery website.
LINKS TO THIRD PARTY SITES
The Hatch Embroidery website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Wilcom International Pty Ltd and Wilcom International Pty Ltd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wilcom International Pty Ltd is not responsible for webcasting or any other form of transmission received from any Linked Site. Wilcom International Pty Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wilcom International Pty Ltd of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Hatch Embroidery website, you warrant to Wilcom International Pty Ltd that you will not use the Hatch Embroidery website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Hatch Embroidery website in any manner which could damage, disable, overburden, or impair the Hatch Embroidery website or interfere with any other party's use and enjoyment of the Hatch Embroidery website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Hatch Embroidery website.
USE OF COMMUNICATION SERVICES
The Hatch Embroidery website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Wilcom International Pty Ltd has no obligation to monitor the Communication Services. However, Wilcom International Pty Ltd reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Wilcom International Pty Ltd reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Wilcom International Pty Ltd reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wilcom International Pty Ltd's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Wilcom International Pty Ltd does not control or endorse the content, messages or information found in any Communication Service and, therefore, Wilcom International Pty Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Wilcom International Pty Ltd spokespersons, and their views do not necessarily reflect those of Wilcom International Pty Ltd.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Wilcom International Pty Ltd OR POSTED AT ANY Wilcom International Pty Ltd WEBSITE
Wilcom International Pty Ltd does not claim ownership of the materials you provide to Wilcom International Pty Ltd (including feedback and suggestions) or post, upload, input or submit to any Wilcom International Pty Ltd website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Wilcom International Pty Ltd, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Wilcom International Pty Ltd is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Wilcom International Pty Ltd's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
ERRORS AND OMISSIONS
We make every effort to ensure the accuracy of the information on our website and emails (EDMs). When errors are discovered, we will correct them. Be advised that Wilcom International Pty Ltd reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover a pricing error after your credit card has been charged and your order is cancelled as a result of the error, your credit card will be refunded back the full amount of your order. You will be notified via email if your order has been cancelled and be given the opportunity to place the order at the correct price. Please note that individual bank policies vary when the amount is credited back to your account. Prices and availability are subject to change without prior notice.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Hatch Embroidery WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Wilcom International Pty Ltd AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Hatch Embroidery WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE Hatch Embroidery WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Wilcom International Pty Ltd AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Hatch Embroidery WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Wilcom International Pty Ltd AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : email@example.com
Wilcom International Pty Ltd reserves the right, in its sole discretion, to terminate your access to the Hatch Embroidery website and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement (and all non-contractual relationships between you and Wilcom International Pty Ltd) shall be governed by and construed in accordance with the law of New South Wales, Australia and both parties hereby submit to the jurisdiction of the courts of New South Wales, Australia, and you hereby consent to the exclusive jurisdiction and venue of courts in New South Wales, Australia in all disputes arising out of or relating to the use of the Hatch Embroidery website. Use of the Hatch Embroidery website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wilcom International Pty Ltd as a result of this agreement or use of the Hatch Embroidery website. Wilcom International Pty Ltd's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wilcom International Pty Ltd's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Hatch Embroidery website or information provided to or gathered by Wilcom International Pty Ltd with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wilcom International Pty Ltd with respect to the Hatch Embroidery website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wilcom International Pty Ltd with respect to the Hatch Embroidery website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Hatch Embroidery website are: Copyright 2020 by Wilcom International Pty Ltd and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to firstname.lastname@example.org. Our team will respond quickly to any concerns regarding any alleged infringement.
You will need to provide:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.