1. Definitions
olala.com.au is operated by the OLALA.COM.AU(TM)
on the World Wide Web of the Internet. OLALA.COM.AU is trademark of Mr
Laurentiu Corifeanu.It provides: a) environment for buyers to buy and
for sellers to buy / sell paintings; b) environment for framers to advertise their business c)general information and environment for exchange information between internet users. Information
can be images, photos, paintinngs, news and ideas.OLALA.COM.AU will be named Provider.
Anyone who will made any request or quota to the provider will be named Customer.
Subscriber means each person who establishes or accesses a connection ("Account") for access to and use of olala.com.au.
2. General
The
Provider shall have the right at any time to change or discontinue any
aspect or feature of olala.com.au, including, but not limited to,
content, hours of availability, and equipment needed for access or use.
3. Changed Terms
The
Provider shall have the right at any time to change or modify the terms
and conditions applicable to Subscriber's use of olala.com.au,, or any
part thereof, or to impose new conditions, including, but not limited
to, adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice
thereof, which may be given by means including, but not limited to,
posting on olala.com.au, or by electronic or conventional mail, or by
any other means by which Subscriber obtains notice thereof. Any use of olala.com.au, by Subscriber after such notice shall be deemed to
constitute acceptance by Subscriber of such changes, modifications or
additions.
4. Equipment
Subscriber
shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of olala.com.au, and all charges related thereto.
5. Subscriber Conduct
(A) Subscriber shall use olala.com.au, for lawful purposes only.
(B) olala.com.au, contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software,
photos, video, graphics, music and sound, and the entire contents of olala.com.au, are copyrighted as a collective work under the Australian
copyright laws. Provider owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as
in the content original to it.
(C) Subscriber has all
responsibilityconcerning data contained in his own profile and for
updating them. At the same time his is the only responsible for
anything will happen as follow as not maintaining up to date his own
data including but not limited to his contact or bank account details.
Customer / Subscriber is the single person who can manage his
account details: username and password and his details.
(D) The foregoing provisions
of Section 5 are for the benefit of Provider, its subsidiaries,
affiliates and its third party content providers and licensors and each
shall have the right to assert and enforce such provisions directly or
on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
(A)
SUBSCRIBER EXPRESSLY AGREES THAT USE OF OLALA.COM.AU, IS AT SUBSCRIBER'S
SOLE RISK. NEITHER PROVIDER, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT PROVIDER, WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF OLALA.COM.AU, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OLALA.COM.AU.
(B) OLALA.COM.AU IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C)
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT PROVIDER IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL PROVIDER, OR ANY
PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING OLALA.COM.AU, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OLALA.COM.AU
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON OLALA.COM.AU.
(E) IN ADDITION TO THE
TERMS SET FORTH ABOVE NEITHER, PROVIDER, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF
THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN OLALA.COM.AU, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE
LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO
CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY
PRICING OR OTHER INFORMATION. PROVIDER, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT
DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, PROVIDER, NOR
ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring
The
Provider shall have the right, but not the obligation, to monitor the
content of olala.com.au, including forums, chat rooms, private messages,
artwork and posts, writing, and forums, to determine compliance with
this Agreement and any operating rules established by olala.com.au and
to satisfy any law, regulation or authorized government request. The
Provider shall have the right in its sole discretion to edit, refuse to
post or remove any material submitted to or posted on olala.com.au.
Without limiting the foregoing, olala.com.au shall have the right to
remove any material thet The Provider, in its sole discretion, finds to
be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification
Subscriber
agrees to defend, indemnify and hold harmless Provider, its
affiliates and their respective directors, officers, employees and
agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of olala.com.au by Subscriber or
Subscriber's Account.
9. Termination
Either Provider or Subscriber may terminate this Agreement at any time.
Without limiting the foregoing, Provider shall have the right to
immediately terminate Subscriber's Account in the event of any conduct
by Subscriber which Provider, in its sole discretion, considers to
be unacceptable, or in the event of any breach by Subscriber of this
Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 7, 8 and
this Section 9 shall survive termination of this Agreement.
11. Payment
Is
the Customer responsibilityto have enough money in his account to be
able to make the payment in time. The most common payment methods are via Credit Card and PayPal. It is posible the payment to be done using Direct Transfer. As soon as the payment is confirmed the Customer
will receive his products via downloads or his product will be post by
post as soon as possible.See Shipping & Returns for detailed information.
12. Currency
By
default, all invoices and payments are processed in AUD. Anyway, it is
the customer responisibility to choose the currency he want to use when
he order products and services. All others currencies displayed on olala.com.au can contain error because of differences of rates.
Customer/Subscriber must carefully verify all prices before take any decision.
13. Miscellaneous
This
Agreement and any operating rules for olala.com.au established by Provider constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such
subject matter. This Agreement shall be construed in accordance with
the laws of the Australian laws, without regard to its conflict of laws
rules. The section headings used herein are for convenience only and
shall not be given any legal import.
14. Final
For any further enquiries please read Shipping & Returns, Privacy Notice contact us via Contact Us. Fell free to read all documents provided in "Information" section.
