This website is made available for the benefit of its Customers, Agents, Suppliers, Advisors, Site Visitors and Associates.
Acceptance of terms
These TOU govern your access to, and uses of this website, any order you place through the Cedar and Sparrow™ website, by any means, and, as applicable, your use or attempted use, of any of www.CedarandSparrow.com.au’s products and services (collectively, “Your Use”).
Your Use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.
About this website
This website is owned and operated by CEDAR AND SPARROW™ – ABN 66 829 715 171 (hereinafter referred to as Cedar and Sparrow™)
ABN 66 829 715 171 includes all web pages under or forming part of the domain name www.CedarandSparrow.com.au and any other The Cedar and Sparrow ™-branded web pages.
You may not access the Service for purposes of monitoring its performance, availability, or functionality, or for any other benchmarking or competitive purposes, without Cedar and Sparrow’s prior written consent. You may not access the Service if you are a direct competitor of Cedar and Sparrow™, except with Cedar and Sparrow’s prior written consent.
Liability arising from the use of the Cedar and Sparrow™ Website
Cedar and Sparrow ™ is not liable or responsible for damages arising from your use of this website, including such as may arise from the transmission of your information to us via our website or our communication of information to you, at your request over the internet.
Customer will be solely responsible for any damage sustained to its devices, networks, information systems, or other platforms or for the loss of information or any damage resulting from the use of the ‘The Cedar and Sparrow ™’ Platform or Products, including in the event that the Services or products were defective in any way. Should you receive a product from our company then you agree to advise us of such defect within seven days from the date of purchase. If we request that the product be returned to Cedar and Sparrow™, then you agree to do this fourteen days from the date of purchase.
Website information accuracy
The information within this website is provided for the benefit of customers and visitors and Cedar and Sparrow™ endeavors to provide the best possible information for its customers, agents and suppliers, however, the information contained within the website is accurate at the time of publishing and may not continue to remain accurate with the passage of time. No warranty of any kind is given except as may be required under the statute. Cedar and Sparrow™ do not warrant the accuracy, completeness, or adequacy of the information contained on this website and disclaim liability for any errors or omissions.
Links provided on this Website
Links to other websites are provided for your convenience and Cedar and Sparrow ™ is not responsible for the information contained on those websites. The provision of a link to another website does not constitute an endorsement or approval of that website, or any products or services offered on that website, and Cedar and Sparrow ™ will not accept any liability for the use of those links to connect to websites that are not under our control.
Intellectual Property Rights and Registered Trademarks
Cedar and Sparrow ™ is a registered and protected Australian Trademark No 2092983.
The mark is registered within Class 35 – retail of hampers; retail of gift baskets; online retail services.
Other Logos, trademarks, phrases, and graphics used on the website, or linked to by the website, may also be trademarks or the intellectual property of Cedar and Sparrow ™, and any third parties. The display of these items on this website does not imply that any third party has been granted the use of that intellectual property and all content of the website is protected by copyright law. Website visitors may use the content of the website for their own purposes but not republish or distribute that content for any other purposes.
Cedar and Sparrow™ hold the copyright to this website. Cedar and Sparrow™ grants you a limited license to download this website for personal use only. You are not permitted to reproduce or alter this website, or any copy of it, for any other purpose without the prior expressed written consent of Cedar and Sparrow ™.
Cedar and Sparrow ™ reserves the right to make changes, modifications, additions, deletions, and corrections to the website, at any time and without notice.
In consideration of your use of the website, you represent and warrant that (i) you are not barred from receiving services under the laws of Australia or any other applicable jurisdiction, (ii) your use of the Service does not violate any applicable law or regulation, and (iii) you access the Service through one or more humans. Accounts registered by “bots” or other automated methods are not permitted. You also agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (‘Registration Data’); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Cedar and Sparrow™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Cedar and Sparrow ™ has the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).
In connection with your purchase and/or use of the Service you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree, that unless otherwise required by applicable law, to indemnify Cedar and Sparrow™ pursuant to the section below entitled “Indemnity” to the extent that Cedar and Sparrow ™ incurs any obligations or other liabilities in connection with such taxes.
“Content” means any and all information, data, code, video, images, text, documents, or other materials of any type that you upload, post, email, transmit, submit or otherwise make available to or through the Service, regardless of whether it is publicly posted or privately transmitted. All Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Cedar and Sparrow™, are entirely responsible for all Content that you upload, post, email, transmit, submit or otherwise make available via this Website. Cedar and Sparrow™ does not control the Content posted via the Service and does not have access to such Content (except account-related information or unless authorised by you). As such, Cedar and Sparrow ™ does not and cannot guarantee or endorse the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable or illegal in your jurisdiction. Under no circumstances will Cedar and Sparrow ™ be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, posted, emailed, transmitted, submitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit, submit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, under any applicable laws;
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any rights of any other party, including, without limitation, patent, trademark, trade secret, copyright, or other proprietary rights;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- act in a manner that negatively affects other users’ ability to use the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
You acknowledge that Cedar and Sparrow™ do not pre-screen Content and that Cedar and Sparrow™ and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, Cedar and Sparrow™ and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable or illegal as determined in Cedar and Sparrow™’s sole discretion. In no event shall Cedar and Sparrow™ or its designees have any liability or obligation to you in connection with exercising any rights contained in this section. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Cedar and Sparrow™ or submitted to Cedar and Sparrow™.
You acknowledge, consent and agree that Cedar and Sparrow™ may access, preserve and disclose your account information and Content if required to do so by any applicable law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with any applicable legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Cedar and Sparrow ™, its users and the public. If we receive a subpoena that requests disclosure of information contained in your account you agree that we may disclose any such requested information contained in the account regardless of whether such information is deemed to be owned or held in the name of (i) the Business User, or (ii) the name of Individual Users. For the sake of clarity, (i) if the subpoena is issued in the name of the Business User, we may disclose information regarding both the Business User and the Individual User(s), and (ii) if the subpoena is issued in the name of Individual User(s) we may disclose information regarding both the Business User and the Individual Users(s).
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
You may not attempt to override or circumvent any of the usage rules embedded in the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You will retain all right, title, and interest in and to Your Content, and Cedar and Sparrow™ shall not claim ownership of your Content; provided, however, with respect to Content you submit or make available for inclusion in publicly accessible areas of the Service, you grant Cedar and Sparrow ™ the following worldwide, royalty-free and non-exclusive license(s): the perpetual, irrevocable and fully sublicensable license to collect, use, copy, store, transmit, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Except and to the extent required by applicable law, You (specifically including the Business User and Individual User(s)) agree to indemnify and hold Cedar and Sparrow ™ and its parent, subsidiaries, affiliates, officers, directors, stockholders, agents, attorneys, employees, partners, licensors and other representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in connection with, (i) your Content, (ii) your use or access of the Service, (iii) your connection to the Service, (iv) your violation of the TOU or applicable law, (v) your violation of any rights of another, and (vi) any taxes arising in connection with your purchase or use of the Service in any jurisdiction, domestic or otherwise, including, without limitation, sales and use tax.
No resale of Service or Products
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service or its Products, use of the Service, or access to the Service unless you otherwise have an agreement with us which specifically grants you such right(s).
Modifications to Service
Cedar and Sparrow ™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or Products (or any part thereof) with or without notice. You agree that Cedar and Sparrow™ shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or Products.
Termination and Cancellation
You agree that Cedar and Sparrow™ may without prior notice immediately terminate your Cedar and Sparrow™ account and access to the Service or Products (both as a Business User and/or Individual User(s)). Such termination may be made in Cedar and Sparrow’s sole and absolute discretion with or without cause. For illustrative purposes only, the situations in which Cedar and Sparrow ™ may terminate your account and access to the Service or Products shall include, but not be limited to: (a) breaches or violations of the TOU or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions): (d) discontinuance or material modification to the Service (or any part thereof): (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) non-payment of any fees owed by you in connection with the Service. Further, you agree that all terminations for cause shall be made in Cedar and Sparrow ™ sole and absolute discretion and that Cedar and Sparrow ™ shall not be liable to you or any third party for any termination of your account, or access to the Service.
Cedar and Sparrow™ Dispute Facility
If you are not completely satisfied with the services or products provided by Cedar and Sparrow™, please contact us by emailing us here: orders @cedarandsparrow.com.au and we will be happy to assist with any concerns you may have.
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