Access and use of this website is subject to the following terms and conditions:

Introduction

The sticky + Moo website www.stickyandmoo.com is owned and operated by James Grace Pty Ltd (ACN 001 477 014) trading as Sticky + Moo.

Your access and use of this website is conditional upon total acceptance of the Terms of Use as stated in this document. Access and use of this website constitutes agreement to these Terms of Use as well as our Privacy Policy. James Grace Pty Ltd reserves the right to change the Terms of Use at any time. We recommend that you revisit this page on subsequent visits to the website.

Intellectual Property and Restrictions on Use

All content including information, text, material, photos, graphics, animation, audio, video, software, advertisements and user submissions (“Content”), are Copyright © 2005 James Grace Pty Ltd, unless indicated otherwise. The Content is protected by Australian and international copyright and trademark laws.

You must not copy, reproduce, modify, publish, frame, upload to a third party, post, transmit or distribute Content in any way, unless authorised in writing by James Grace Pty Ltd.

However, you may download one copy of the website for personal non-business use but are not permitted to modify content. Content must be kept intact and in the same form as presented (including without limitation all copyright, trademark and other proprietary notices and all advertisements). If you are an Internet service and/or access provider, you may supply the Content to your subscribers.

You must not use this website in any manner or for any purpose which is unlawful or in any manner which violates any right of James Grace Pty Ltd or an affiliate or which is prohibited by the Terms of Use.

Ownership of submissions to the website

All suggestions, pictures, ideas and other information submitted to this website will be deemed the property of James Grace Pty Ltd. James Grace Pty Ltd may modify these submissions for any purpose (including marketing promotions). Any submissions will not be deemed confidential and may be communicated to third parties.

Trademark information

Sticky + Moo is owned by James Grace Pty Ltd ACN 001 477 014.

Links to third party websites

This website contains links to other websites operated by third parties which are not under the control of James Grace Pty Ltd. We therefore do not take any responsibility for their contents. The inclusion of any link does not imply any endorsement of the linked website by James Grace Pty Ltd or its affiliates. Linking to any website is at your own risk.

Purpose of website

This website is intended for use by Australian residents and visitors and may not be appropriate for those people residing outside of Australia.

Disclaimer and limitation of liability

Except as provided for by the Non-excludable Rights in the Trade Practices Act: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) James Grace Pty Ltd and its suppliers and affiliates expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) James Grace Pty Ltd does not warrant that the functions contained in any Content or your access to this website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) James Grace Pty Ltd does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not James Grace Pty Ltd) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of ninemsn) will James Grace Pty Ltd or its affiliates be liable for any indirect, incidental, special and/or consequential damages, costs or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this website or any Content. This includes negligence on the part of James Grace Pty Ltd and their representatives and affiliates. You acknowledge and agree that James Grace Pty Ltd 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.

To the fullest extent permitted by law, James Grace Pty Ltd’s liability for breach of any implied warranty or condition which cannot be excluded, is limited at the option of James Grace Pty Ltd to the following:

• in the case of services supplied or offered by James Grace Pty Ltd, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
• in the case of goods supplied or offered by James Grace Pty Ltd, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by James Grace Pty Ltd, and we may terminate this agreement and your access to the website at any time without notice. In the event of termination, you are no longer authorised to access the website, but all restrictions imposed on you, licenses granted by you and all James Grace Pty Ltd disclaimers and limitations of liability set out in the Terms of Use will still remain enforceable. Any Content downloaded or Copies of content downloaded must be destroyed within 24 hours of termination.

Other

The terms of this agreement apply to the fullest extent possible in relation to the supply by James Grace Pty Ltd of any content or services for the short messaging service for mobile phone users ("SMS service") and email messaging services.

Legal jurisdiction

This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

James Grace Pty Ltd reserves the right to change any price, product, service or new item referred to in this website without specific notice. All promotional items referred to on the website are subject to availability.

All rights not expressly granted herein are reserved.