Terms & Conditions
Terms & Conditions of Use
These Legal Notices were last updated: February 5, 2009.
Welcome to the Box Magazine website (" this website", including
the whole or any part of the web pages located at http://boxmagazine.com.au/
including its layout and all individual elements and codes and any other
content of this Website).
This website and associated electronic communications are products of Box
International Pty Ltd (ACN 113 218 296) ("Box International") and
are governed by the following terms and conditions of use, as amended from
time to time, (the "Terms of Use"). of [insert registered address].
Please read these Terms of Use carefully.
Subscribers go into the draw to win luxury prizes. Prizes winners will be contacted by phone or email. The winner’s name and suburb will be published in the following issue of Box Magazine and also appear on the Friends of ToyBox page on the website. Prizes will be drawn at Box Magazine Head Office, WA. All decisions to award prizes are final and no negotiations will be entered into with respect to any award.
All entries received from May 24, 2008 are in the draw to win our next exciting,
luxury prize package. Details on this package and dates will be updated shortly.
Confirmed is that the package includes accommodation at the deluxe, Karma Resort
in Bali. The lucky winner of the last prize of 5 nights accommodation at the
Sentosa Private Villas and Spa is R.Lambe from South Fremantle, WA. This included
5 nights accommodation in a three bedroom villa, plus a spa experience package
for two people.
100% of profits from the sales of subscriptions go directly to helping Australian
sick and disadvantaged children. The process of managing the subscriptions
to Box Magazine and the money raised from those subscriptions is administered
by ToyBox International Pty Ltd (jointly with Box International Pty Ltd trading
as Box Magazine). Paper, printing, postage/delivery costs and cost of sales are deducted
from the subscription amount. The generous balance of the subscription
amount is directed to various grants with children’s charities. All
other costs (including the production and design of the magazine, staff costs,
directors fees, advertising and other overheads) are paid for by Box International
Pty Ltd.
Grants are directed towards supporting the subscriber’s nominated
children’s charity. If, for any reason beyond our control, a
grant is unable to be directed to a subscriber’s nominated charity,
funds will be directed to an alternative charity in the absolute discretion
of Box Magazine.
By opting to receive the Dutton Direct newsletter you consent to Box International providing your first name and email address to Dutton Direct Pty Ltd for the sole purpose of delivery of the Dutton Direct Newsletter. Dutton Direct is not authorised to use this information for any other purpose.
Defined terms and expressions
Subject to the context, the following apply in these Terms of Use:
(a) "Box International" includes any of the partners
and employees of Box International Pty Ltd (ACN 113 218 296) and any of its
associated entities and any other person contributing to this Website; and
(b) The expressions "we" and "us" refer
to Box International, and "our" has a similar meaning.
(c) The expression "Intellectual Property Rights" means any
and all intellectual and industrial property rights and rights relating to
all systems and information, trade secrets, know-how, goodwill and business
reputation, whether registered or unregistered, including rights in or to
or arising under copyright, patents, inventions, trademarks, design, plant
varieties, circuit layouts or laws relating to breach of confidence or passing
off and the expression "Intellectual Property" means anything,
whether tangible or intangible that attracts or is susceptible of protection
by, Intellectual Property Rights.
Changes to this website
Box International reserves at all times the right to change these Terms
of Use without any notice and any such changes will be effective immediately
or as stipulated by us. We suggest you check back and review them from
time to time.
Correctness of information on this website
Box International has made every effort to ensure that information on this
website is correct at the date of inclusion. However, we do not warrant
that it is complete or accurate or that it will not cause damage or is free
from any computer or electronic virus. You are solely responsible
for verifying all relevant representations, statements and information.
Access to/from other websites
This website may provide or facilitate access to other websites which may
be subject to different terms of use. When using this website and other websites,
please be aware that:
(a) connecting this website to other websites are for convenience
only and this does not necessarily mean that we endorse or approve those
other websites or their content;
(b) this website may also contain third party advertisements (including,
but not limited to, pop-up/pop-under ads, banner ads, button ads, tower ads
and text) which may contain embedded hyperlinks to websites operated by third
parties;
(c) you will be bound by the terms and conditions applicable to those
other websites and should obtain all appropriate approvals before copying
or doing any acts that may infringe any intellectual property rights.
You may not frame this website or link it to another website without our
prior written consent.
Intellectual Property Rights
All Intellectual Property Rights in respect of the content on the website
(including text, graphics, logos, icons, and advertisements, including the
selection and arrangement thereof) ("Content") which are vested
in Box International or another third party owner remain vested in and the
property of the Box International or that third party owner (as the case
may be) notwithstanding your use of this website. Subject to these
Terms of Use, nothing on this website should be construed as granting any
license or right of use of any Intellectual Property Rights without the express
written permission of Box International or the relevant third-party owner.
You must not modify, copy, reproduce, republish, frame, upload to a third
party, post, transmit or distribute the Content in any way except as expressly
authorised in writing by Box International and subject to such conditions
as may be imposed in respect of the matter.
User license
When using the website you may provide us with information about yourself
or other matters. By doing this you, subject to our Privacy Policy, grant
Box International exclusive rights in all of this information and all information
derived or generated from it, in all existing or future media. These rights
include, but are not limited to, the right to display your information anywhere
on this website and Box Magazine's other websites or media properties, to
search the information, and, consistent with our Privacy Policy, to repackage
and present or supply the information to a third party. By placing
any information or other material on this website (including posting messages,
up-loading files, inputting data or engaging in any other form of communication),
you grant to Box International a perpetual, royalty-free, non-exclusive,
irrevocable, unrestricted, worldwide license to do the following in respect
of the information or material:
(a) Use, copy, sublicense, redistribute, adapt, transmit, publish
and/or broadcast, publicly perform or display, and
(b) Sublicense to any third parties the unrestricted right to exercise
any of the foregoing rights granted.
The foregoing grant includes the right to exploit all Intellectual Property
Rights in any such information or other material. You expressly waive in
favour of Box Magazine and any other party authorised by Box International
all moral rights and any similar rights in any jurisdiction, which you may
have or hereafter acquire in respect of any relevant communication or other
material. At the request and expense of Box International, you will execute
and deliver to Box International such instruments and take such other actions
as may be required to carry out this grant of license and waiver.
In respect of providing information you agree that you will not post, transmit
or otherwise publish on this website or to the website servers any material
that:
(a) restricts or inhibits any other user from using or enjoying the
Content on the website;
(b) is unlawful, threatening, libellous, defamatory, abusive,
obscene, vulgar, pornographic, profane, racist or indecent or any other material
of a similar nature, including without limitation any transmissions that
would constitute, or that encourage conduct that would constitute, a criminal
offence, give rise to civil liability, or infringe any applicable laws;
(c) violates or infringes the rights of any other person, including material
which is an invasion of any privacy rights or which is protected by Intellectual
Property Rights without first obtaining permission from the owner;
(d) contains a virus, worm, Trojan Horse or other harmful or destructive
component(s) or device(s) that has a negative impact on the normal operation
and use of the website, it's servers and the Content thereon;
(e) contains any promotional material or advertising; or
(f) constitutes or contains false or misleading statements.
You also expressly acknowledge and agree that Box International does not
exert control over users of the website and is not liable either for their
opinions or their behaviour including any information and/or advice and any
defamatory statements or offensive conduct by them or on their behalf. Box
International does not and cannot review all information posted to the website
by users and is not responsible for such information. However, Box Magazine
reserves the right to refuse to post and the right to remove any information,
in whole or in part, for any reason whatsoever or for no reason.
No Liability
To the maximum extent permitted by law, Box International will not be liable
for any damages, equitable or statutory damages or compensation, indirect,
incidental, special or consequential damages or loss of profits arising out
of any reliance on the information on, use or access of, or inability to
use or access, this website or any other website linked to this website.
Governing law
This agreement will be governed by and construed in accordance with the
laws of Western Australia and you irrevocably and unconditionally submit
to the non-exclusive jurisdiction of the courts of Western Australia.
Severance
If any provision of this agreement is found to be invalid or unenforceable
by a court of law, such invalidity or unenforceability will not affect the
remainder of these Terms of Use, which will continue in full force and effect.
All rights not expressly granted herein are reserved to Box International.
Acceptance of Terms of Use
Your access to or use of website is conditional upon your acceptance and compliance
with the Terms of Use and the Privacy Policy posted on this website and such
access or use constitutes an agreement by you to comply with and be bound by
those Terms of Use and that Privacy Policy.