Terms & Conditions
1. What do I agree to by entering the Website?
You are invited to use the Website on the basis of the Terms and Conditions of use set out below. By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website. fmono may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions. If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.
2. The Features. The Website may offer the following features to you: purchase of products, competitions, prize draws, video clips, downloading of screensavers, desktops and sound files (the “Features”).
3. Conditions of Using Features on the Website. You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:
a) not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libelous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful; b) not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any user or other party; c) if you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible; and d) that all Features will be used entirely at your own risk and fmono accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website. If fmono is informed or has any reason to believe that any of the Features on our Website are being used by a user other than in accordance with these Terms and Conditions, fmono reserves the right to suspend or permanently prevent access by the user to the Features and shall have no liability to the user whatsoever in such event.
4. Sending Us Information. We are happy to receive from you any ideas, suggestions, graphics, mixes, pictures or anything else, but do please remember that, by sending us your submission (the “Material”) you will be deemed to have granted fmono (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material. By submitting your Material to this site, you also warrant that: a) you have the right to make it available to fmono; b) the Material is not defamatory; and c) the Material does not infringe any law. You agree to indemnify fmono against all legal fees, damages and other expenses that may be incurred by fmono as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights. This means that all stories, mixes, comments, suggestions, ideas, graphics or other information sent to us can be used by us as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose. So remember don’t send us your Material if you don’t want us to use it or the world to know it.
6. Website Content – Accuracy and Permitted Use. fmono makes every effort to ensure that the content of the Website is accurate and up-to-date, but fmono does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website. fmono may remove material or Features, from the Website at its own discretion and without any notice. You are permitted to use the material that is displayed on the Website from time to time only as expressly authorised by fmono. This Website is intended to provide amongst other things, information relating to fmono products and is designed for personal, non-commercial use only. You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) selling on of any products purchased from the Website to eBay or any other auction site advertising or to promote or encourage traffic to any other website.
7. Copyright, legal statement and database rights All content and compilation of such content together with all software included on the Website, such as text, graphics, logos, button icons, images and software, is the property of fmono or its subsidiaries, its affiliates or its content suppliers and is protected by New Zealand and International laws. You may not extract and/or re-utilise parts of the contents of the Website without fmono’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this Website. You also may not create and/or publish your own database which features substantial (e.g. our prices and product listings) parts of this Website. Please also refer to our Legal Statement below.
8. Legal Statement Trade marks - fmono®, CCC logo and composite logo and are registered trademarks of fmono Limited. www.fmono.com is a registered domain name of fmono of New Zealand Limited. www.nswbluesmerchadise.com.au is a site operated by fmono International (Aust) Pty Ltd ("We"). We are registered in Australia (ABN96 001 031 634) and have our registered office at Unit 7, 836 Boundary Road, Coopers Plains, QLD, Australia 4108.
9. Intellectual Property Rights. You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”) shall remain at all times vested in fmono and that these are protected by copyright and other laws and international treaty provisions. Users may not, other than in accordance with these Terms and Conditions, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from Rfmono to do so. All trade marks appearing on the Website are Rfmono Limited trade marks and nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.
10. Limitation of Liability. The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis. While fmono takes all reasonable steps to ensure that the Website is properly functioning at all times, fmono does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects. fmono has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and fmono shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features. Except in relation to liability for death or personal injury, fmono shall not be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including, but not limited to, installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.
11. Governing Law. Your use of the Website, any purchase by you on the Website of any products and these Terms and Conditions will be governed by and construed in accordance with the laws of Australia and will be deemed to have occurred in Australia. By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the Australian courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts. If you elect to do so, when you register with the Website you can agree to receive emails from www.fmono.com, and you can unsubscribe by using the links in the emails that we send.
TRANSACTIONS CONCLUDED THROUGH OUR SITE - Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of sale.
UPLOADING MATERIAL TO OUR SITE - Whenever you make use of a feature that allows you to upload material such as ideas, opinions, suggestions, graphics, mixes, pictures or anything else (the “Material”) to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, create derivative works from, distribute and disclose to third parties any such material for any purpose. By submitting Material to this Website you warrant that you have the right to make it available to fmono Limited, the Material is not defamatory and the Material does not infringe any law or rights or interests of any 3rd party in any country of the world, in particular that the Material does not plagiarise or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal publicity or proprietary rights in accordance with our Acceptable Use Policy. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy. You agree to indemnify fmono Limited against all legal fees, damages and other expenses that may be incurred by fmono Limited as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above.
VIRUSES, HACKING AND OTHER OFFENCES - You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE - You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable use policy. If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
RELIANCE ON INFORMATION POSTED - Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY - We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
PROHIBITED USES - You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You also agree: (i) Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use.(ii) Not to access without authority, interfere with, damage or disrupt: (iii). Any part of our site; (iv) Any equipment or network on which our site is stored; (v) Any software used in the provision of our site; or (vi) Any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES - We may from time to time provide interactive services on our site, including, without limitation: (i) Purchase or products (ii) Chat rooms. (iii) Bulletin boards. (iv) Competitions Prize Draws (v) Newsletters (vi) Video clips (vii) Downloadable content (screensavers, desktops and sound files (the ‘Features’)) Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
CHANGES TO THE ACCEPTABLE USE POLICY - We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site. Please read these terms and conditions before purchasing any fmono products on the website. By making a purchase, you agree to be bound by these terms and conditions.
1. Your account - You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. Please ensure your password is kept confidential and secure, and inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure the details you provide are correct and complete, and inform us immediately of any changes to the information provided when you registered. The website only sells products to individuals who can purchase with a credit card/debit card. If you are under eighteen (18), you may use the website only with the permission and supervision of a parent or guardian. fmono reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
3. Our contract. When you place an order to purchase a product from the website, we will send you an email confirming receipt and containing order details. Your order represents an offer to us to purchase a product, which is accepted when we send an email to you confirming that we have accepted the order (the ‘order confirmation email’). Such acceptance will be complete when we send the order confirmation email to you. You are seeking to enter into a contract with fmono when you place an order. This contract is legally binding when you have placed an order, your order has been accepted by us and we have sent you the confirmation email. fmono will retain the title in the products until full payment has been made by you and has been received by fmono. fmono reserves the right to hold any orders prior to shipping for security review. fmono only delivers its products to the locations listed on the website. In the event that an order is placed for a delivery to a location where we do not deliver, the order will be cancelled and a refund processed.
4. Fraud prevention, fraud screening and age and identity verification checks By confirming your order, you will be indicating that you have read, understood and agree to these e-commerce terms and conditions and that you explicitly consent to your personal information being used by us, our third party payment providers and Fraud Prevention Agencies (as further described below) for the following purposes. You should not confirm your order on our website unless you consent to this use of your personal information. If you have any questions at all about this, please contact us at [firstname.lastname@example.org.] before you proceed with your purchase. Your personal information including your full name and address, your bank account and card payment details and your sensitive personal data will be used for fraud prevention, fraud screening and age and identity verification purposes. This personal information may be disclosed to and used by fraud prevention agencies (“FPAs”) for all such purposes and those agencies may keep a record of it where permitted by the Privacy Act 1993 (as amended and/or replaced from time to time). This personal information will also be disclosed to third parties providing fraud prevention, fraud screening and age and/or identity verification services us. As part of this, we may check the following records about you: (i) our own records; (ii) records held by third parties providing services to us; and (iii) records at fraud prevention agencies (FPAs). The checks described above may include assessing and verifying identities to prevent and detect fraud. The information we obtain from third parties providing services to us and FPAs will help us to decide whether we are willing to accept payments from you through our website(s) and whether to complete the payment process through our website(s). As explained above, personal information about you may be sent by us to FPAs and recorded by them. In addition, we may give details of the payments you make to FPAs. All such information may be supplied by the FPAs to other organisations in order that they may perform similar fraud prevention, fraud screening and age and identity verification checks against you, including as part of online transactions and otherwise. Records remain on file for up to 6 years after checks are carried out. If you give us false or inaccurate information about yourself and if we suspect fraudulent payments and/or identity fraud we will record this and may also pass this information to FPAs and other organisations involved in crime and fraud prevention. We and other organisations may access and use information which relates to you and which is recorded by FPAs in other countries. This section constitutes a short form explanation about how your personal information may be used by us in conjunction with the FPAs. If you would like to obtain full details about this, please contact us at [email@example.com.].
5. Deliveries. We will endeavour to deliver all products ordered within 30 (thirty) days from the date of your order confirmation email. Please click here to view our delivery details and charges (if applicable). All products purchased from the website are made pursuant to a shipment contract. This means that the risk of loss for such products will pass to you when we deliver your product(s) to the address you gave us or you (or, in limited circumstances, a carrier organised by you) collects the product(s) from us. You will be responsible for the product(s) once they are in your physical possession or once they have been delivered in accordance with the delivery instructions. If you have received your order confirmation email but your products have not arrived within the time specified, please contact us and we will do our best to assist. Please allow an additional day before raising a query during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement. If your order has not been received within the specified timescales set out below, in the first instance please check whether your local mail delivery office is holding your parcel. If they do not have your products, please contact us and we will do our best to assist.
6. Returns. You can only return fmono products that have been purchased directly through this website. fmono products purchased at a retail store or from other websites must be returned to the original store or site from which they were purchased. If you are not happy with your fmono products, please follow our delivery, returns, exchanges and repairs policy, so that we can exchange or refund your order. fmono reserves the right to reject the return of products (unless the product is not of an acceptable quality, is not fit for purpose or is not as described at the time of purchase) that are not returned in accordance with this policy procedure. We may request that you pay delivery charges to return such goods back to you. Our returns policy does not affect your statutory rights. Delivery costs We will not refund the original delivery charge in the case of exchanges or returns. In the case of returns, you will only be refunded the value of the goods ordered. We will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or the goods are faulty. This returns procedure does not affect any of your other statutory rights. Conditions for all returns or exchanges - All goods must be returned to us unused, together with all original packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). Packages must be returned with the freight prepaid. We recommend the use of a tracked parcel service. With your purchase of fmono products, you will receive a delivery note and returns form. To return items, whether for exchange or return, simply fill out the form as instructed, include it in the package and attach the label to the outside of the package then post it back to us. If you do not have your returns form, our returns team will be happy to send electronic copies you can print at home. Contact us Discrepancies - If there are any discrepancies with your order, you must notify us as soon as possible. If you have been shipped the incorrect goods then please accept our apologies. Please contact our customer service team and we will arrange a collection of these good. Any replacements will be sent at no extra cost.
7. Feedback and complaints policy. We welcome any comments about our service, so we can improve it. Our aim is to deal with any problems quickly and fairly. If you wish to complain, please e-mail our customer services team stating clearly that you are making a complaint. Alternatively, call us on the number stated on the website and say that you wish to make a complaint. Our aim is to respond within seven (7) working days, either resolving the complaint, or with a timescale for resolution.
8. Pricing and availability All prices are quoted in Australian Dollars and are inclusive of GST (where applicable) unless otherwise specified. All item prices are exclusive of delivery charges. A list of our international delivery charges can be found on the website. We list availability information for products sold on the website, including on each product information page. We cannot be more specific about availability than what is stated on the site. Dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products are subsequently found to be unavailable. Despite our best efforts, a small number of the products on the website may be mis-priced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
9. Customs. When ordering products from the website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over them and cannot predict what they may be. Customs policies vary widely by country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important and we know you care about how order information is used and shared. International customers and customers dispatching products internationally should be aware that cross-border deliveries can be opened and inspected by customs authorities.
10. Disclaimer and limitation of liability This website is provided by fmono on an “as is” and “as available” basis. fmono 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 it. It is expressly agreed by you that your use of this website is at your sole risk. fmono disclaims all warranties, express or implied to the fullest extent permissible by applicable law. fmono does not warrant that this website, its servers, or e-mail by us are free of viruses or other harmful components. fmono 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. Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you might have additional rights.
11. Electronic communications. When you visit the website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Disputes - Any dispute relating to your visit to the website or to products you purchase through the website may be submitted to the courts of New Zealand, except that, to the extent you have in any manner violated or threatened to violate fmono’s intellectual property rights, fmono may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.
14. Events beyond our reasonable control fmono will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.
15. Waiver - If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
16. Governing law and jurisdiction - your use of the website, any purchase by you on the website of any products and these conditions will be governed by and construed in accordance with the laws of Australia and will be deemed to have occurred in Australia. You agree, as we do, to submit to the non-exclusive jurisdiction of the Australian courts. Your statutory rights are not affected by these terms and conditions of sale.