Website terms and conditions
Vaxcards
Please read these terms and conditions carefully before using this Site.
1 Who we are
1.1 We”, “us”, “our” and “the Company” means Stoneseed Pty Ltd ACN 613 999 303.
1.2 www.vaxcards.com is a website (Site) operated by the Company.
1.3 The Site offers information, FAQs and instructions relating to Vaxcards, a tabletop game developed by Stoneseed which focuses on vaccine education. The Site also allows visitors to purchase a range of Vaxcards in both physical and digital form (Product/s).
1.4 To contact us, please email us at email@vaxcards.com.
2 By using our Site you accept these terms
By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site.
3 We may make changes to these terms
3.1 We may amend these terms from time to time. Every time you wish to use our Site or purchase our Product, please check these terms to ensure you understand the terms that apply at that time.
3.2 These terms were most recently updated in 9th December 2021
4 We may make changes to our Site
We may update and change our Site from time to time to reflect changes to our Product, our users’ needs, changes in law and/or our business priorities.
5 We may suspend or withdraw our Site
5.1 Our Site is made available free of charge.
5.2 We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site or Products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5.3 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
6 How you may use material on our Site
6.1 We are the owner or the licensee of all intellectual property rights in our Site, Product and any content or materials published by us on the Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 Our status (and that of any identified contributors) as the authors of content on our Site and creators of the Product must always be acknowledged.
6.3 You must not use any part of the content on our Site or Product, including any illustrations, drawings, photographs or graphics that appear on our Site or Product, for commercial purposes without obtaining a licence to do so from us or our licensors.
6.4 If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
6.5 You must not delete or alter any copyright, trade mark or other proprietary rights notices from the Product or copies of materials from this Site.
7 Do not rely on information on this Site
7.1 This Site is provided on an ‘as is’ and ‘as available’ basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
7.2 The content on our Site is provided for general information only. It is not advice on which you should rely.
7.3 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
8 We are not responsible for websites we link to
Where our Site contains links to other sites such as Facebook, Instagram, Pinterest, Twitter and other resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
9 Limitation of liability
9.1 In no event will we, our affiliates, licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, or any other Products, services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.2 Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by law, including where relevant, the Australian Consumer Law.
9.3 You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to your use of any information obtained from the Site and any use of the Site’s content, services and Products other than as expressly authorised in these terms.
10 We are not responsible for viruses
10.1 We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.
10.2 You are responsible for configuring your technology to access our Site. You should use your own antivirus software.
11 Rules about linking to our Site
11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
11.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.3 Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.
11.4 We reserve the right to withdraw linking permission without notice.
11.5 If you wish to link to or make any use of content on our Site other than that set out above, please contact mail@vaxcards.com.
12 Australian law applies to disputes
These terms of use, their subject matter and their formation, are governed by the laws in force in Victoria, Australia. You and we both agree that the courts in Victoria, Australia will have exclusive jurisdiction.
13 Our trade marks
’Vaxcards’ and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission.
14 Prohibited uses
14.1 You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:
(a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
(b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(c) to transmit, or procure the sending of, any advertising or promotional material, including any ‘junk mail’, ‘chain letter’ or ‘spam’ or any other similar solicitation;
(d) to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
(e) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
14.2 Additionally, you agree not to:
(a) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
(b) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
(c) use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
(d) use any automatic or manual process to reverse engineer or decompile any part of the Site;
(e) use any device, software or routine that interferes with the proper working of the Site;
(f) introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
(g) attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
(h) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
(i) otherwise attempt to interfere with the proper working of the Site.
14.3 We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
15 Products
15.1 We warrant to you that the Products will be provided using reasonable care and skill.
15.2 Digital versions of the Product are delivered to your designated email address once payment has been made.
15.3 Physical versions of the Product will be shipped in accordance with our Shipping & Delivery Policy, as published on our Site.
15.4 We make no representations, warranties or guarantees as to the continued availability of physical versions of the Product.
15.5 Refunds will only be provided in certain circumstances in accordance with our Refund Policy, as published on our Site.
15.6 We may offer new or additional goods and services from time to time. Your use of those new services or the purchase of those new goods may be subject to different terms and conditions to these. Provided the terms and conditions governing the new goods or services are notified to you, your breach of a material provision of those terms and conditions will amount to a breach of these terms and conditions as well.
16 Payment
16.1 The purchase price is payable when you complete the checkout process on the Site. The purchase price will be payable by you, without any offset or deduction, prior to the Product being sent to you.
16.1 The purchase price may have a goods and services tax component which will be displayed at the time of registration or purchase.
16.2 If you provide details of a credit card you warrant that you are entitled to use the card and that the account to which the card is attached has sufficient funds to cover the charges which are to be deducted from it.
16.3 We reserve the right to change the purchase price in respect of the Products at any time in our absolute discretion.
17 Default
17.1 If you breach these terms and conditions, we may:
(a) refuse to supply the Product to you;
(b) suspend or terminate your access to the Site; and
(c) take whatever action we consider appropriate to recover any direct, indirect or consequential loss, damage or expenses that we have incurred or suffered as a result of your breach.
18 Other terms and conditions
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms.
19 General
Our failure to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision. If any provision of these terms and conditions is invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.