Terms of Use

Last modified 26 April 2008

  

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

  

Introduction

The Mcusta website www.mcusta.com.au is owned and operated by Kitchen Hamono.  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, all policies including our Privacy Policy. Kitchen Hamono 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 logos, button icons, digital downloads, information, text, material, photos, graphics, animation, audio, video, software, advertisements, user submissions and computer code (“Content”), are Copyright © 2007 Kitchen Hamono, unless indicated otherwise. The Content is protected by Australian and international copyright and trademark laws.  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 Kitchen Hamono.

However, you may download one copy of the website for personal/business use for the sole purpose of placing an order, 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 Kitchen Hamono or an affiliate or which is prohibited by the Terms of Use.


Ownership of submissions to the website 

All suggestions, pictures, ideas, comments and other information submitted to this website will be deemed the property of Kitchen Hamono. Kitchen Hamono 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 

Mcusta is owned by Kitchen Hamono. Kitchen Hamono is a business of James Grace Pty Ltd ACN 001 477 014.


Accuracy 

Weights & measures stated are approximate. Each item is individual and hence is subject to minor differences.

Occasionally the website may contain typographical errors and omissions in relation to product information and availability. Information may sometimes be incomplete or out of date.

The colours you see on your screen will depend on your computer monitor’s individual settings. Hence we cannot guarantee that the colours you see will match the actual product. 
Links to third party websites
 
This website may contains links to other websites operated by third parties which are not under the control of Kitchen Hamono. We do not take any responsibility for their contents.

The inclusion of any link is for your convenience only and does not imply any endorsement or affiliation of the linked website company or its contents. When linking to an external website, the Kitchen Hamono terms of use and privacy policy no longer apply, so please be aware that accessing external websites 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 Kitchen Hamono 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.

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) Kitchen Hamono 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) Kitchen Hamono 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) Kitchen Hamono 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 Kitchen Hamono) 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 Kitchen Hamono 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 Kitchen Hamono and their representatives and affiliates. You acknowledge and agree that Kitchen Hamono 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, Kitchen Hamono’s liability for breach of any implied warranty or condition which cannot be excluded, is limited at the option of Kitchen Hamono to the following:      in the case of services supplied or offered by Kitchen Hamono, (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 Kitchen Hamono, (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 Kitchen Hamono, 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 Kitchen Hamono 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 Kitchen Hamono 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, Australia.

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.


All rights not expressly granted herein are reserved.


 2007 Kitchen Hamono. All rights reserved.

  

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