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TERMS OF USE

The Terms of Use

Papaya Pty Ltd (Papaya) owns and operates this website. By using, viewing or accessing this website you acknowledge that you have read, understood and agreed to be bound by the terms and conditions ("Terms of Website Use" and "Terms of Purchase"). If you do not agree to the terms and conditions, please do not use this website.

Website Content

Papaya owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Papaya. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Papaya or of the relevant trade mark owner.

Papaya does not, nor does any other party who provides content to this website, make any warranty as to the accuracy, completeness or currency of the Content. As a user of this Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, Papaya and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.

Your Use of the Website

While utilising our Website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual or digital process to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Papaya server, or to any other services offered on or through the Website by hacking or any other illegitimate means.  You may not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or Papaya's systems or networks, or any systems or networks connected to the Website or to Papaya.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Papaya on or through the Website or any service offered on or through the Website. You may not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Papaya,  or others.

Security

Papaya cannot guarantee any data, file or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.

Third Party Content

This website may contain information from or hyperlinks to websites operated by third parties. Papaya provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website.

Google Analytics

This website utilizes technologies provided by Google Analytics (www.google.com) to collect data for optimisation purposes. We may use the collected data to present improved and localised offers and services to users on papaya.com.au. This data will not be disclosed to third parties.

Social Networks

This website uses social plugins, widgets or applications (hereinafter "plugins") of internet-based social networks including but not limited to Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (hereinafter "Facebook"). The plugins are marked by a logo, icon or word specific to the social network. Social network links and plugins may also be grouped under 'widgets' or applications that can appear on any page of papaya.com.au.

When you use a page of our web site, which contains such a plugin, your browser will build up a direct connection to the servers of the relevant socia. In the instance of Facebook, Facebook directly transmits the content of the plugin to your browser and from there it is incorporated in the website. By integrating the plugin, Facebook receives the information that your browser has accessed the page of our web site, even if you do not have a Facebook account or if you are not logged into Facebook currently. This information (including your IP address) will be sent directly from your browser to a Facebook server in the U.S. and stored there. If you are logged into Facebook, Facebook can assign your visit to our web site directly to your Facebook account.

If you interact with the plugins, for example, by pressing a "Like" button or by leaving a comment, the corresponding information is also transmitted directly to the social network's server and is stored there. The information may also be posted on the social network platform and may be seen by your network 'friends'. The social network you use may use this information for purposes of advertising, market research and personalized design of website pages. For this purpose, some social networks create profiles regarding usage, interests and relationships, e.g. to evaluate your use of our web site with regard to the advertisements displayed to you on the social network, to inform other network users about your activities on our web site and to provide further related services with the use of that service(s). If you do not want your social network  to allocate the collected data via our web site to your account, you must log out of all social networks before you visit our web site. To find out more about the purpose and extent to which your social network collects, processes and uses this data, your rights and the settings available to protect your privacy, please visit the privacy policy of the individual relevant social network provider (eg Facebook; Twitter; LinkedIn etc)

Revisions

Papaya may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.

Liability

Papaya provides this website and its contents on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Papaya will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.

Indemnity

The user indemnifies and holds harmless Papaya and its employee's, contractors and agents, and keeps them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:

a) any breach by the user of these Terms; or
b) reliance by the user on any information obtained through the Papaya Website.

Your Privacy is Important

We are committed to protecting the privacy of everyone who shops or interacts with us. Papaya's Privacy Policy is published on this website and sets out our commitment to you on privacy, including our use of "cookies".

Governing Law

Papaya operates this website from its offices within NSW, Australia. The laws of the State of New South Wales and the Australian Commonwealth (including but not limited to the Australian Consumer Law which forms part of the Competition and Consumer Act 2010 Cth ) govern these Terms of Use and the Purchase Terms, and you agree to submit to the applicable non-exclusive jurisdiction of the courts of New South Wales or The Commonwealth of Australia.

Although this Website can be accessed throughout Australia and overseas, Papaya does not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

Disclaimers

PAPAYA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PAPAYA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. PAPAYA DOES NOT WARRANT THAT ITS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF PAPAYA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PAPAYA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST PAPAYA FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE AGREEMENT BETWEEN THE PARTIES.

Papaya reserves the right to do the following at any time, without notice:

  1. Modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
  2. Modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and
  3. To interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
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