Terms of Service & Privacy Policy

TERMS OF USE

Ownership of the Site

www.swordsnblades.com is a website owned and operated by Richard Cameron (hereafter referred to as “The Owner”). The owner has the registrations and licences to operate the site. Any reference to Swords ‘N Blades, infers reference to its owner.

Assumption of Acceptance

By accessing www.swordsnblades.com (this Website), you agree to accept, without limitation or qualification, all of these Terms of Use herein. You must not use the Website in any manner or for any purpose, which is unlawful, or in any manner, which violates any right of the Website Owner (whose
details can be found in the Contact Us page on this Website), its suppliers and/or licensors or which is prohibited by these Terms of Use.

Jurisdiction

The owner administers this Website from its office in Victoria, Australia. The owner makes no representation that the Content or any of the goods and services referred to therein are appropriate or available for use in other locations outside of Australia and access to them from territories where their contents are illegal is prohibited. These Terms of Use shall be governed by the laws of the State of Victoria, Australia, without giving effect to its conflict of laws provisions and you hereby consent to submit to the exclusive jurisdiction of its Courts in relation to any claims arising from access or use of this Website.

Copyright and other Intellectual Property

The content used and displayed on the Website, including but not limited to this Terms of Use document, text, software, photographs, graphics, illustrations and artwork, video, music sound, advertisements, names, logos, trademarks and service marks (Content), are the property of the owner, their advisers or its authorized licensees (unless otherwise stated) and are protected by copyright, trademark and other laws. The owner grants you a limited non-transferable license to use the Content as follows:
  • Any such Content may be displayed solely for your personal, non-commercial use.
  • If you are an Internet service or access provider, you may supply the Content to your subscriber in conformity with the local laws.
  • You agree not to otherwise use, modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content without
  • the written permission of The owner or the owners of the Content. Please contact us if you have any queries, require further assistance or would like to use an image or information from the Website.
  • Any text, data, program or graphic associated with Swords ‘N Blades or a derivative of that name and its associated logo is either a common
  • law trademark or, if so designated a registered trademark of Swords ‘N Blades and may not be copied, used or reproduced in any way
Certain organisations are allowed to copy material to help people with a print disability or an intellectual disability.
An organisation may copy material if it is:
  • a) an educational institution, as defined by the Copyright Act (eg, TAFE or a University)
  • b) any other institution that:
    • (i) provides written material to people with a print disability as one of its principle functions, and which has been declared by the Commonwealth Attorney-General to be an institution assisting people with a print disability for the purposes of the Copyright Act.
    • (ii) has as one of its principal functions, to help people with an intellectual disability, and which has been declared by the Commonwealth Attorney-General to be an institution assisting people with an intellectual disability for the purposes of the Copyright Act. Prices and Content indicative only and subject to confirmation before sale

Copyright Credit

Some of the images contained within this website, have been obtained from Microsoft Clip Art which is registered to the Microsoft Corporation. Those items have been included in a presentation manner only and are not separately designed to generate income or gain from direct use of those images.
Portions of this Privacy Statement have been reproduced, with the express permission of Suna Communications and The Bridge Corporation.

Pricing & “Implied” Offers

The provision of details of prices, goods and services in the Content is not an offer capable of acceptance in relation to goods and services but an offer to treat only. If you want to purchase any of the goods and services depicted in the Content, you must order same (either off-line or online if we have a facility to service same and if online, then in accordance with the terms from that part of the Website). Our response will be to confirm or otherwise any information in the Content and to submit to you for your consideration our usual commercial terms such as availability of the goods and services, current price, payment terms, conditions and time of delivery that will be deemed an offer capable of acceptance by you.
Similarly, other Content is not a representation which can be relied upon by you nor can it form the basis of any contractual terms between us for the delivery of goods or the provision of services.

Links and Banner Advertising

Following some of the links and banner advertising within the Website will take you to sites external to the Website.
The owner accepts no liability for material contained in any external website. Some or all such material may be produced by people and organisations not connected to The owner.
Whilst reasonable care is taken in monitoring it, no guarantee or warranty can be given as to the accuracy or appropriateness of information or the accessibility of any of the external websites referenced on the Website. Your linking to such websites is at your own risk.
The owner cannot accept liability for any use that is made of the information contained on other websites referenced in the Website. If you need to be sure that the information is accurate and up-to-date then you should contact the information provider yourself.
We hereby give you permission to link to this site at your own full expense and responsibility. However you must not alter any of the Website’s contents or frame or format the pages, information, images or other content from this Site on any other web site.
We reserve the right to revoke this licence at any time by notice to you without stating reasons. However, under no circumstances are you to represent to anyone without our express written consent that you are an affiliate of ours or in partnership, part of a joint venture, channel partner or otherwise.

DISCLAIMERS

General Disclaimer

Neither The owner nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensees shall be liable to you or anyone else for any loss or injury whatsoever or howsoever arising including but not limited to any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of our negligence or your access or use of, or your inability to access or use, the site or its Content or any materials, opinions or recommendations of third parties on the site. You hereby waive any and all claims against The owner and its subsidiaries, divisions, affiliates, agents, representatives and licensees arising out of your use of the site and agree to keep them indemnified from all such loss and claims.
These Terms of Use constitute the entire Terms and Conditions between The owner and you with respect to your use of the Website.
Any cause of action you may have with respect to your use of the Website must be commenced within the Jurisdiction and within a period provided by any applicable statute of limitations.
If for any reason a court of competent jurisdiction finds any provision of the Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of these Terms and Conditions shall
continue in full force and effect.
Should you wish to engage The owner or its associates to perform and services or supply any goods, then that will be subject to separate written terms and conditions to be agreed between you and the relevant entity at that time. If there are any facilities on this Website that would allow for e-commerce
transactions to effect such a provision of goods or services, it will be subject to the terms and conditions appearing on that part of the Website but if there are no specific terms or the terms are not comprehensive, then, to the extent that these Terms of Use are not inconsistent with the terms of those
transactions, these Terms of Use shall apply.
Specifically (without limiting the generality of the foregoing), Your use of the site is at your own risk. Although every effort is made to ensure the accuracy, completeness, usefulness or currency of the information contained in the Website, neither The owner, nor any of its agents or employees, makes any guarantee, express or implied in that regard or assumes any legal responsibility for same. The owner hereby excludes all implied conditions and warranties from these terms except those which by law cannot be excluded. Further to the extent that a breach can by law be limited, liability shall be limited to the re-supply of the goods or services or, at the Website Owner’s option, their value.
Irrespective of any measures taken by The owner to check that the information is accurate, or complete, in no event will The owner be liable to any person for any damages or other loss whatsoever whether in contract, tort (including, but without limitation, negligence) or otherwise if any information on the Website is incomplete, out-of date or otherwise inaccurate, incorrect or inappropriate.
The Content of this website is general in nature and does not purport to give any advice. No warranties or assurances are given as to the suitability of any information on the Website for any specific transaction or circumstance. It is made available on the understanding that The owner is not thereby engaged
in rendering professional or other advice.
Before relying on the Content in any important matter, you should carefully evaluate its accuracy, currency, completeness and relevance for your specific purposes, and should obtain any appropriate professional advice relevant to your particular circumstances or contact us.
The owner does not and cannot guarantee or warrant that files available for downloading through the site or delivered via electronic mail through the site will be free of infection from viruses, worms or other code with contaminating or destructive properties. Customers and users are responsible for protecting their own data.
In some cases the Content may incorporate or summarise views, guidelines or recommendations of third parties. Such material is assembled in good faith, but does not necessarily reflect the considered views of The owner, or indicate a commitment to a particular course of action.
Links to other web sites are inserted for convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service. Access to any website which may be reached via the hyperlinks on this Website (“a Linked Site”) is subject to any terms and notices, including (but not limited to) copyright notices, which may appear on the Linked Site. The owner are not necessarily associated or affiliated with the owner or operator of any Linked Sites and does not sponsor, endorse or support in any way, goods or services supplied through or via such sites unless specifically stated herein and then only to the extent and subject always to the terms and conditions so specified. As such, we cannot and do not guarantee the accuracy and up-to-date nature of the information published or displayed on any Linked Site or the quality of any goods and/or services which are available from such sites and will not be liable for any losses incurred as a result of you visiting any Linked Site.
The owner reserves the right at any time to change any of the Terms of Use or any information contained in the Site. Any such changes will appear on the individual pages, by using the Website, you agree in advance to accept any such changes.
Any prices listed for goods and services are subject to change without notice, we recommend checking all information before making a decision. All prices are quoted in Australian dollars and if they are subject to a Goods and Services Tax, are displayed as the “including GST” price.

Indemnification

You agree, at your own expense, to indemnify, defend, and hold harmless The owner and its employees, representatives, suppliers, and agents, against any claim, suit, action, or other proceeding (Claim) brought against them by a third party, to the extent that such Claim is based on or arises in connection
with the Website , including but not limited to:
  • your use (or someone using your computer) of the Website ;
  • a violation of the Terms of Use by you or anyone using your computer;
  • a claim that any use of the Website by you or someone using your computer infringes any intellectual property right of any third party, or any right of personality or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party, or any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you or someone using your computer.
As part of the indemnity, you agree to pay any and all costs, damages, and expenses, including, but not limited to, our lawyer’s fees on a full indemnity basis and costs awarded against us or otherwise incurred by us in connection with or arising from any such Claim.

PRIVACY POLICY

The owner is legally required to comply with the National Privacy Principles contained in the Privacy Act 1988 (as amended on 21 December 2005).
This Privacy Policy is intended to provide a general overview of our policies in respect of the handling of any personal information that we collect. Other policies may override this Privacy Policy in certain circumstances. For example, when we collect personal information we may advise a specific purpose
for collecting that information, in which case we will handle the personal information only in accordance with the stated purpose.
This Policy is intended to cover most personal information handled by us, but it is not exhaustive. The owner should be contacted should there be any queries regarding the management of personal information.

What is ‘personal information’?

Personal information is any information about you that identifies you or by which your identity can be reasonably determined.

What is ‘sensitive information’?

If personal information concerns particular topics it is regard as sensitive information. Sensitive information can be information about your racial or ethnic origin, political opinions, membership of a political organization, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade organisation, membership of a trade union, sexual preferences or practices, criminal record or health. The owner only collects, uses or discloses sensitive information about you to provide its products or services or as allowed by law for example where we have received your consent to do so.

Why do we collect personal or sensitive information about you?

The owner collects personal information for the purpose of corresponding with you and providing you with after-sales service. Collection of your information is essential both for the owner to service your relationship with us and for our business to operate.

How do we collect your personal information?

Where possible we collect your personal information directly from you. However, collection may take place in a number of ways such as when you request a product or service over the telephone or Internet.
Other personal information is collected during the course of our relationship with you.
Where required, we will ask you specifically to consent to any collection, use or disclosure of your personal information by The owner.

How we use your personal information?

We use the information we collect about you so that we can conduct our business of selling product and related services and to enable us to administer and enhance the relationship we have with you. To enable us to do this we may share your information with companies related to The owner or with organisations that assist us to provide products and services to you.

Do we disclose your personal information to other parties?

The owner may disclose your personal information in certain circumstances.
We may disclose your information where you have consented to our doing so. Your consent to this disclosure of your personal information may be given explicitly, such as in writing or verbally or may be implied by your conduct.
Generally, however, we do not disclose your information to a party outside The owner unless that party is contracted to The owner to provide services or activities on our behalf and that party is bound by the same privacy rules we follow.

Direct marketing

As you can see from time to time your information may be used to provide you with information about either our extensive range of products and services or the services of those other parties who assist us in the conduct of our business. If you don’t want to receive any of this information just contact us by
calling our office.
However, sometimes the law requires us to provide you with certain information about the products or services that you receive from us. You will continue to receive this type of information from us even if you have decided not to receive information about our products and services generally.

Ensuring your information is up-to-date

We rely on the information we hold about you to efficiently conduct our. For this reason, it is very important that the information we collect from you is accurate and up-to-date. If your information changes, please inform us so that we may change our records.

How The owner deals with your information

The protection of your information is a priority for The owner. We take the utmost care to safeguard and secure your information.

Can I access the information The owner holds about me?

You may request access to any of the information we hold about you. Requests for access to information held in archives may attract a fee to cover the cost of retrieval and the supply of this information to you.
All requests for access to information will be handled as quickly as possible and we shall endeavour to process any request for access within 14 days of having received the request. Some requests for access may take longer than 14 days to process depending on the nature of the information being sought.
The owner may be required by law to retain your information for a period of time which may extend after you have ceased your relationship with us. After the required time has passed we will attend to the secure destruction or de-identification of your personal information.

Can my request for access to my information be denied?

The owner is not always required to provide you with access to your information upon your request.
We may refuse access to information in a number of circumstances such as where the information may relate to existing or anticipated legal proceedings with you, where denying access is required or authorised by law, or where the request for access is regarded as frivolous or vexatious.
If we deny your request for access to, or refuse your request to correct your information, we will explain why.

Do I have to provide my information?

It is not possible for us to do business with you unless we have identified you, and in some cases, the law requires that you identify yourself to us.
Wherever it is lawful and practicable to do so, we may offer you to deal with us anonymously.

Our privacy policy may change

We review all of our policies and procedures, not only to keep up with the changes to the law, but also market forces, and our belief to supply you, our client with the best service possible.

What else should I know?

If you have any questions about this Privacy Policy, or you believe your personal information has not been dealt with as out-lined in this Privacy Policy, you can contact us by:
Writing to …..
“Privacy officer”, The owner, 48A Moore Street, Moe, Victoria, 3825
If you are not happy that the owner has satisfactorily handled your complaint, you may refer the matter to the Federal Privacy Commissioner.

FINALLY

If you see any errors on our site, typographical or otherwise or experience hypertext links that are out of date or do not work, please accept our apology and let us know so we can fix them (see ‘Contact Us’ page on this Website).