PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING
THIS WEB SITE. IF YOU DO NOT AGREE TO THE PROVISIONS SET FORTH,
PLEASE DO NOT USE THIS WEB SITE.
Acceptance of Terms
By using this Web Site, you signify your acceptance of
the provisions of Toys Anywhere's Terms and Conditions of
Use, which follow. If you do not agree to the terms of this
Agreement, please do not use the Site and exit the Site
immediately. Toys Anywhere reserves the absolute right to
modify the terms of this Agreement. As well as the right
to change or discontinue any aspect or feature of this Web
Site or products and services offered by Toys Anywhere.
Your continued use of the Site following the posting of
changes to these Terms and Conditions, the Web Site or products
and services will mean that you accept the provisions and
changes as made.
Privacy
By using this Web Site, you acknowledge having read and hereby
agree to all terms and conditions of Toys Anywhere’s Privacy
Policy, which is hereby incorporated herein as though set
forth in full.
Use
The materials on this Web Site are provided for informational
purposes only. The materials on this Web Site are Copyright
© 2006 Toys Anywhere. You are authorized to view, copy,
print and distribute these materials subject to the terms
and conditions set forth herein. The materials may not be
used for any unlawful purpose or in violation of this Agreement.
Disclaimer of Warranties
Toys Anywhere, its employees, agents, partners or affiliate companies
make no representation as to the suitability of the information
contained on this Web site for any purpose. No warranty is
made that this Web Site and its operation will be error free,
uninterrupted, reliable, or accurate.
Reliance on any material presented on this Web Site is at
your own risk. Toys Anywhere shall not be liable for the content
of this Web Site, any information contained there in, any
delay, failure, interruption, or corruption of any data transmitted
in connection with the use of this site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE
IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF
THE INFORMATION CONTAINED WITHIN THE SITE. ALL IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE
HEREBY EXPRESSLY DISCLAIMED. Toys Anywhere MAKES NO WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE
WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT
RESULTS TO BE OBTAINED FROM USING THE SITE OR Toys Anywhere’S
PRODUCTS OR SERVICES.
Limitation of Liability
In no event shall Toys Anywhere be liable to any person or business
entity for any special, direct, indirect, punitive, incidental
or consequential damages arising out of or in connection with
the use of this Web Site or any other web site to which this
site is linked, including, without limitation, any lost profits,
business interruption, or loss of programs or information
even if Toys Anywhere has been specifically advised of the possibility
of such damages whether based on contract, tort, strict liability
or otherwise. Toys Anywhere shall be liable to you only for gross
negligence or willful misconduct and only to the extent of
actual damages incurred by you, not to exceed U.S. one hundred
dollars ($100.00).
Non Confidentiality
Except as set forth in our Privacy Policy, all suggestions,
ideas, notes, computer programs, data, drawings, concepts
or other information of any kind sent to us shall be deemed
and shall remain the sole and absolute property of Toys Anywhere
and such suggestions, ideas, notes, computer programs, data,
drawings, concepts or other information shall not be subject
to any obligation of confidence and Toys Anywhere shall not be liable
for any use or disclosure.
Termination
Toys Anywhere may modify or discontinue this Site, with or without
notice. Termination of use of this Site shall not affect any
right or relief to which Toys Anywhere is entitled, at law or in
equity. Toys Anywhere may immediately terminate your use of this
Site if Toys Anywhere reasonably believes that there has been a violation
or acted inconsistently with the letter or spirit of these
Terms and Conditions, or violated the rights of Toys Anywhere or
any third party, or for any reason with or without further
notice. Toys Anywhere will not be liable to you or any third party
resulting from such modification or discontinuation. The provisions
entitled “Disclaimer of Warranties,” “Limitation
of Liability,” “Choice of Law,” and “General
Provisions” shall survive the termination of this Agreement.
Terms of Sale
All sales of products are expressly conditioned on your acceptance
of Toys Anywhere’s Standard Terms and Conditions of Sale, a
copy of which is available on Toys Anywhere’s website or by
calling Toys Anywhere and which terms and conditions are incorporated
herein as though set forth in full.
Attorney's Fees
If Toys Anywhere institutes action to enforce any of the provisions
of these Terms and Conditions, Toys Anywhere shall be entitled to
recover in addition to all sums to which it is entitled or
any other relief, at law or in equity, reasonable and necessary
attorneys' fees and any costs of any litigation.
Choice of Law
These Terms and Conditions shall be governed by the laws
of the state of New South Wales. To the extent allowed by
applicable law, any claims or causes of action arising from
or relating from the use of this Site as contemplated by
these Terms and Conditions must be instituted within one
year from the date upon which such claim or cause arose
or accrued. Any such claim or cause of action may only be
brought in the state or federal courts located in Sydney,
New South Wales.
General Provisions
If any provision of these Terms and Conditions is found
to be invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of
these Terms and Conditions shall be deemed a further or
continuing waiver of such term or condition or any other
term or condition. Unless otherwise specified herein, these
Terms and Conditions constitute the entire agreement with
respect to the Site and the subject matter of these Terms
and Conditions and supersede all prior or contemporaneous
communications and proposals whether oral, written or electronic
with respect to the Site and the subject matter of these
Terms and Conditions.
2006 © Toys Anywhere. All rights reserved.