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TERMS AND CONDITIONS OF USE OF THIS SITE AND SERVICE
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH GROOVY BABY OFFERS YOU ACCESS TO OUR WEBSITE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
This Agreement between you and Groovy Baby ("GB!") describes the terms and conditions applicable to your use of this web site, so please read it carefully. Your use of Groovy Baby's Web site ("Site") constitutes your acceptance of the terms of this Agreement. GB! may amend these Agreements at any time by posting the amended terms on our Site, and you agree to be bound by such amendments. This Agreement may not otherwise be amended except in writing and signed by you and GB!.
Disclaimer and Limitation of Liability
IN NO EVENT SHALL GROOVY BABY , ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD OR AVAILABLE FROM GROOVY BABY, EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS WEB SITE AND THE MATERIALS HEREIN ARE PROVIDED "AS IS." GROOVY BABY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE IN REGARDS TO OPERATION, CONTENT, INFORMATION, NON-INFRINGEMENT, MATERIALS OR YEAR 2000 COMPLIANCE. GB! EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR ITS USES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU AGREE THAT GROOVY BABY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THIS SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Changes
GB! reserves the right to make additions, deletions or modifications to the Site and services offered at any time without prior notice.
Jurisdiction and Venue
You agree that any legal action brought against GB! shall be governed by the laws of New Zealand without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on this Site shall be an appropriate court located in Welington, New Zealand.
PRIVACY STATEMENT
GB! has created this privacy policy to address questions as to what information is collected and how it is used. GB! necessarily collects certain information to facilitate the services offered on this Site and to provide better and more useful services to the users of the Site. The following discloses our information gathering and dissemination practices for this Site:
Information Collected in the Shopping Cart: When you order from Groovy Baby!, we gather personal details from you such as your name, address, phone number and e-mail address. This information is currently used solely to fulfil your order. Your personal information is stored in a secure and responsible way and is not available to unauthorised persons. In the future we may use this information with your permission to assist you with repeat visits. Should you wish to amend or delete certain details in the information that is held about you, please email us at info@groovybaby.co.nz.
Information collected in the Gift Registry: When you create an account to utilise our gift registry facilities, we gather personal details from you such as your name, address, phone number and e-mail address. This information is currently used solely to fulfil orders that have been placed by visitors to your registry. Your personal information is stored in a secure and responsible way and is not available to unauthorised persons.
E-mailing list: We collect your name and e-mail address solely for the purpose of newsletters and self-promotion of our site and service. We do not trade or sell our mailing list to any other business at all.
We may use your IP address to help diagnose problems with our server, and to administer our Site. Your IP address may be used to help identify you and to gather broad demographic information.
This Site may at times contain links to other sites. GB! is not responsible for the privacy practices or the content of such Web sites.
GB! may, on occasion, offer surveys or promotions, which ask for additional user information. This information is provided by you voluntarily, and will be used by GB! for internal use only.
COPYRIGHT AND TRADEMARK NOTICE
This Site is owned and operated by GB!. Unless otherwise specified, all materials appearing on this Site, including the text, site design, logos, graphics, icons, images and audio and video clips, as well as, the selection, assembly and arrangement thereof are the sole property of GB!, ©2002-2005. You may use the content of this Site only for the purpose of gathering information. No materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without GB!'s prior written permission except as explicitly permitted in this Terms and Conditions of Use.
Notwithstanding the foregoing, all software used on the Site is the sole property of GB! or those supplying the software and may not be used elsewhere without prior written permission. Certain of the patents, trademarks, copyrights and other content used on this Site has been authorized for use by GB! under various agreements. As such, they may not be used other than as expressly provided in this Site.
Patents, Service Marks, Trademarks & Copyright
This Site ©2002-2005 Groovy Baby, Wellington, New Zealand
The Groovy Baby! logo design is the service mark of Groovy Baby.
Thomas the Tank Engine product information sourced from and used with kind permission of Learning Curve International, Inc. Chicago, Illinois, U.S.A ©1994-2005. For guarantee information outside the U.S. please contact your local distributor.
Thomas the Tank Engine & Friends - A Britt Allcroft Company Production. Based on The Railway Series by the Rev W Awdry ©Gullane (Thomas) Limited 2005
Questions
If you have any questions about this Agreement or the practices of this Site, please contact us at legal@groovybaby.co.nz.
©2002-2005 Groovy Baby, Wellington, New Zealand
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