Terms and Conditions

This website is owned and operated by Virtual Elves Pty Ltd ABN 67 677 849 053
(“Virtual Elves”) under the domain name “virtualelves.com.au” and resides on
servers in the State of New South Wales, Australia and in some instances
overseas (“Website”). The Website is offered to you conditional upon your
acceptance of these Terms of Use and the associated Privacy Policy. By
visiting or using this Website or any information, content, products, data feeds
or services provided to you on, from, or through this Website you signify your
agreement to: (1) these terms and conditions (“Terms of Use”); and
(2) Virtual Elves’ Privacy Policy and incorporated herein by reference. We
may change the Terms of Use at our discretion and without notice. A version
of the current Terms of Use will be available on the Website as they are
changed. By continuing to use our Website you accept the Terms of Use as
they apply from time to time.
The law applicable to use of the Website and to disputes arising out of the
Website is the law of the State of New South Wales in Australia. If you access
the Website from outside Australia you are also responsible for ensuring
compliance with all applicable laws in the place where you are located

1. Anti-spam notice

Publication of electronic addresses on the Website is for the purpose of professional communication only and must not be used to infer consent by Virtual Elves or the relevant addressees, to the receipt of unsolicited commercial electronic messages.

2. Content on this Website

Content on the Website is provided to you as is. The Content is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. Virtual Elves does not warrant the accuracy, completeness or adequacy of the content in the Website.

You should make your own enquiries before entering any transaction on the basis of the content on the Website. You may access Content for your information and personal use solely as intended through the provided functionality of the Website and as permitted under these Terms of Use. You must not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without Virtual Elves’ prior written consent. Virtual Elves reserves all rights not expressly granted in and to the Website and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content.

“Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.

3. External links and advertisements

The Website contains links to websites maintained by other organisations over which Virtual Elves has no control. Virtual Elves does not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.

Virtual Elves makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any Content or advertising on external sites to which the Website is linked, nor is Virtual Elves responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products or services.

You must not create or maintain any link from another website to this Website without our written consent.

4. Copyright in material on this Website and restriction of use

Save and except for any third party copyright included on the Website under a licence or agreement, all Content on the Website and downloads from it, is owned by Virtual Elves Pty Ltd (ABN 67 677 849 053 ). All rights are reserved.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.

You may download and view Content or print a copy of the Content on this Website for personal, non-commercial use provided you do not modify the Content in any way; but otherwise, you are not permitted to copy, or republish anything you find on this Website without Virtual Elves’ permission. All requests for permission to reproduce content from this Website, including reproduction in websites, newsletters, books, brochures, and advertising should be directed to: Virtual Elves PO BOX 271, Balgowlah, NSW 2100 Australia

5. Copyright in other material

Virtual Elves makes no warranties or representations that third party material on the Website or material on other websites to which the Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.

Virtual Elves is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking the Website to such material on other sites.

6. Limitation of liability

Virtual Elves: (i) makes no warranties or representations about the Website or any of the Content; (ii) accepts no responsibility for any loss you or anyone else suffers in connection with the use of the Website or any of the Content; (iii) does not guarantee that the Website will not cause damage or is free from viruses or any other defects or errors. Under no circumstances will Virtual Elves be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content or use of the Website. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.

Virtual Elves will not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.

Virtual Elves excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of the Website or the Content on it. Where any law implies a warranty or guarantee which may not be lawfully excluded, then to the maximum extent permitted by law, Virtual Elves’ liability for breach of the warranty or guarantee will at its option be limited to the supply of the services again or the payment of the cost of having them supplied again.

7. Indemnification

You agree to indemnify, defend and hold harmless Virtual Elves, its officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor’s fees) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on the Website, or messages posted or transmitted by you on or through the Website. Virtual Elves reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.

8. Invalid terms and conditions

In the event that any or any part of the terms contained in these Terms of Use are determined by a court to be invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms.

9. Variation of terms of use

Virtual Elves reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and you should therefore periodically review this page.

10. Website unavailability

Virtual Elves does not accept responsibility in the event that the Website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of Virtual Elves.

11. Forums and public communication

“Forum” includes without limitation: discussion group, message board or online discussion site, mobile messaging or e-mail function where people can hold conversations in the form of posted messages offered as part of the Website. If you participate in any Forum within the Website, you acknowledge and agree that: (i) Virtual Elves is not responsible for the content or opinions posted or sent by users in any Forum; (ii) you take responsibility for postings under your username; (iii) you use the information provided in the Forums at your own risk; (iv) anything you submit on the Website by way of any Forum is routed through Virtual Elves’ servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission; (v) Virtual Elves does not guarantee and is under no obligations, to take action in response to any suggestions or requests placed by any person within the Forum; (vi) the Forums and features on the Website are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don’t know. Virtual Elves cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other usergenerated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to take any action, based on information you cannot confirm. Virtual Elves cannot be responsible for the content or accuracy of any information posted in a Forum.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other usergenerated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. Virtual Elves cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information.

You furthermore agree not to do any of the following:

Post, distribute, or otherwise make available or transmit any data, text, or message, that Virtual Elves deems to be: (i) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (ii) bigoted, hateful, or racially offensive; (iii) vulgar, obscene, or sexually explicit (language or images); or that (iv) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or that (v) infringes and / or violates any domestic or international law, rule, or regulation or make statements that do not generally pertain to the designated topic or theme of any Forum.
Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind.
Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
Engage in antisocial, disruptive, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the Internet.

Virtual Elves reserves the right to:

(i) remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these terms (ii) remove messages, emails, or postings that do not pertain to the designated topic or theme of the Forum (iii) comply with any order or otherwise cooperate with law enforcement officials regarding the

identification of any user alleged to be using the Website in violation of the law (iv) either via staff posting or otherwise, initiate any discussion based on feedback from members (v) otherwise remove or edit content from any Forum at any time and for any reason although it has no duty to do so.

Virtual Elves staff: Comments or responses by Virtual Elves staff do not necessarily represent the views of Virtual Elves.

12. Participation in competitions

All competitions that you may enter on the Website are governed by the relevant State legislation and have their own rules and conditions. You are encouraged to read these carefully before entering into any competitions.

Privacy

In addition to those provisions under the Virtual Elves Privacy Policy, Virtual Elves will disclose relevant personal information collected about you when you place an order to the third party suppliers for the purposes of providing order and delivery information. The third party supplier has agreed that such information shall not be used except for the purposes of fulfilling the order. The third party supplier will retain such relevant information as is necessary for the purposes of any warranty claim. Upon expiry of such a time, the information will be returned to Virtual Elves and managed in accordance with the Virtual Elves Privacy Policy.