Terms and Conditions
Limitation of liability:
- All content is provided “as is” and without warranties of any kind, either express or implied,
- Babinda Paintball and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,
- Babinda Paintball does not warrant that the functions contained in any content or any Communications Facility or your access to the Babinda Paintball site will be uninterrupted or error-free, that any defects will be corrected or that the Babinda Paintball site or the server which stores and transmits content to you is free of viruses or any other harmful components,
- Babinda Paintball does not warrant or make any representation regarding your access to, or the results of your access to, the Babinda Paintball site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and you (and not Babinda Paintball) assume the entire cost of any necessary verification, maintenance, repair and correction of any relevant content.
- Under no circumstances (including but not limited to any act or omission on the part of Babinda Paintball) will Babinda Paintball, its owner, employees, agents or representatives and affiliates be liable for any indirect, incidental, special and consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Babinda Paintball site or any content. You expressly acknowledge and agree that Babinda Paintball does not exert control over users of the Babinda Paintball site (including individuals referred to on the Babinda Paintball site as guests and experts) and is not liable either for their opinions or their behaviour including any information and advice and any defamatory statements or offensive conduct.
Release and Indemnification:
- You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against Babinda Paintball, its owner, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.
- You hereby agree to indemnify, defend and hold Babinda Paintball, its owner, employees, agents and representatives harmless from and against any and all claims, loss, damage, breakage, tax including GST, liability and/or expense that may be incurred by Babinda Paintball, its owner, employees, agents and representatives arising out of or in connection with the performance of its duties as described in this Agreement (except as caused by its gross negligence or wilful misconduct) including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
- You further agree to indemnify and hold Babinda Paintball, its owner, employees, agents and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of Babinda Paintball’s website, the violation of these Terms & Conditions by you, or the infringement by you, or other user of the Babinda Paintball’s website, of any intellectual property or other right of any person or entity.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland. You and Babinda Paintball agree to submit to the exclusive jurisdiction of the courts of the State of Queensland. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Babinda Paintball’s failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Babinda Paintball in writing.
Ownership of Materials:
- The Babinda Paintball’s logo are copyright of Babinda Paintball and may not be used in connection with any product or service that is not Babinda Paintball’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Babinda Paintball.
- The contents of the Babinda Paintball website, including the text, images, audio and video, are copyright and should not be distributed, linked, modified, reproduced or used, in whole or in part or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent from Babinda Paintball.
- Babinda Paintball reserves the right to refuse service, terminate accounts or cancel orders at its discretion, including but without limitation, if Babinda Paintball believes that customer conduct violates applicable law or is harmful to the interests of Babinda Paintball.