1. The Acceptance of Terms

Transtox provides its service to you subject to the following Terms & Conditions (“T&C”), which may be updated by us from time to time without notice to you. In addition, when using particular Transtox owned or operated services, you and Transtox shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the T&C. Transtox may also offer other services that are governed by different Terms & Conditions.

2. The Description of Service

Transtox provides users with access to a collection of resources, including various shopping services through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Transtox to provide the Service. You also understand and agree that the Service may include certain communications from Transtox, such as service announcements, administrative messages and the Transtox Newsletter, and that these communications are considered part of Transtox membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Transtox properties, shall be subject to the T&C. You understand and agree that the Service is provided “AS-IS” and that Transtox assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. Registration Obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the New South Wales or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s details form (“Register”) and (b) maintain and promptly update “My Details” to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Transtox has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete Transtox has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Transtox is concerned about the safety and privacy of all its users, particularly children.

4. TransTox Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information and the storage, processing and use by Transtox and its affiliates.

5. Member Account, Password and Security

You will sign up for a password during completion of the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Transtox of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Transtox cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. Member Conduct

You understand that all information, data, text, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Transtox, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Transtox does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Transtox be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

7. Indemnity

You agree to indemnify and hold Transtox and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the T&C’s, or your violation of any rights of another.

8. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Transtox ID), use of the Service, or access to the Service.

9. General Practices Regarding Use and Storage

You acknowledge that Transtox may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Forum postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on Transtox’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Transtox has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Transtox reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Transtox reserves the right to modify these general practices and limits from time to time.

10. Modifications to Service

Transtox reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Transtox shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. Termination

You agree that Transtox may, under certain circumstances and without prior notice, immediately terminate your Transtox account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the T&C or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.

12. Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that Transtox shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

13. Links

The Service may provide, or third parties may provide, links to other websites or resources. Because Transtox has no control over such sites and resources, you acknowledge and agree that Transtox is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Transtox shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. Disclaimer of Warranties

You expressly understand and agree that:

I. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Transtox and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. II. Transtox and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected. III. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and 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. IV. No advice or information, whether oral or written, obtained by you from Transtox or through or from the service shall create any warranty not expressly stated in the T&C’s.

15. Limitation of Liability

Subject to applicable law, you expressly understand and agree Transtox and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Transtox has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

16. Notice

Transtox may provide you with notices, including those regarding changes to the T&C, by email, regular mail or postings on the Service.

17. Copyright Information

The Transtox logo and other Transtox logos are copyright of Make Your Sandals. Without Transtox’s prior permission, you agree not to display or use the aforementioned in any manner.

18. General Information

Entire Agreement. The T&C’s constitute the entire agreement between you and Transtox and governs your use of the Service, superseding any prior agreements between you and Transtox with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Transtox offers, affiliate services, third-party content or third-party software. The laws of Australia without regard to its conflict of law provisions shall govern the T&C’s and the relationship between you and Transtox. You and Transtox agree to submit to the personal and exclusive jurisdiction of the courts of Australia.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. Violations

Please report any violations of the T&Cs to our Customer Care email: sales@transtox.com.au