Terms of Use

Two Quirky Birds

 

These Terms of Use apply to the website www.twoquirkybirds.com.au (Website).  The Website is owned and operated by Piera Barnes and Angela Galloway trading as Two Quirky Birds (TQB).

We may change these Terms of Use from time to time.  Any changes will come into effect when the updated terms and conditions are posted to the Website.  By continuing to use the Website you accept the Terms of Use as they apply from time to time.

Links to Third Party Websites

The Website may include links to other websites that are operated by third parties.  We are not responsible for and do not sponsor, endorse or approve the content or operation of those websites or any products, services or information contained in them or offered by them.  You should review the privacy policy and terms and conditions of use of those websites when you visit them.

Intellectual Property

Unless otherwise indicated, all materials on the Website, including text, graphics, design, names, logos, and underlying software are protected by copyright owned by or licensed to TQB. 

Except as permitted by law, you must not modify, copy, reproduce, frame, upload to a third party, post, transmit or distribute any material on the Website except as provided for in these Terms of Use unless authorised by us.  You may copy our recipes for your personal use.

We permit the material on the Website to be downloaded to your computer for viewing and/or printing, as long as:

  • the material is kept intact and in the same form as presented on the Website (including any copyright or other notice);
  • it is for your personal, non-commercial use;
  • it is used for a lawful purpose; and
  • the material is appropriately attributed to us or the source we have identified.

You provide us with an unrestricted licence to use, reproduce, frame, upload to a third party, post, transmit or distribute any information you post or send to us or the Website.

TQB is a trade name and business name owned by Piera Barnes and Angela Galloway.  Other trademarks used on the Website belong to their respective owners.  You must not use any trademark displayed on the Website without the express written permission of TQB or the third-party owner. 

Privacy

TQB understands that your privacy is important.  Any personal information you provide to TQB via the Website will only be used by TQB.  We will not sell your personal information.  We will also not share it with anyone else other than service providers to TQB and only if it is necessary for a business activity or function of TQB. If you have a privacy concern please contact TQB.

Disclaimers

TQB takes care in creating the information and material on the Website but makes no warranties or representations regarding the accuracy, completeness, quality or fitness for purpose of any material or content. 

We cannot guarantee that any data, file or program available for download from or via the Website or from any website linked to our Website is free from virus or any other condition which might or could damage or interfere with data, hardware or software with which it might be used, and in accessing the Website, you assume all risk of use of all materials, programs and files on the Website.  Prior to using any downloaded file you should carry out an appropriate virus check.

TQB is not liable to users for any loss or damage howsoever caused resulting from the use of the Website, any website linked to the Website, materials or content including the transmission of any virus. 

Limitation on Liability

To the full extent permitted by law:

  1. under no circumstances (including but not limited to any act or omission on the part of TQB) will TQB be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the Website or any material;
  2. TQB excludes all guarantees, conditions, warranties and terms implied by statute, general law or custom (“implied terms”);
  3. you agree that it is fair and reasonable, that TQB’s liability, including for breach of any implied term or statutory guarantee which cannot be excluded, is limited at the option of TQB to the following: 
  • in the case of services supplied or offered by us, (i) the supply of the services again, or (ii) the cost of having services supplied again; and
  • in the case of goods supplied or offered by us, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of the replacing the goods or acquiring equivalent goods, or (iv) the payment of the cost of having the goods repaired.

Jurisdiction

These Terms of Use are governed by and to be construed in accordance with the laws of New South Wales, Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.  If any of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.