Welcome to cybersayer.com webshop, a division of Middle Path Online. We provide their services to you subject to the following conditions. If you visit or shop at cybersayer.com, you accept these conditions.
PRIVACY
Please review our Privacy Notice, which also governs your visit to cybersayer.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit cybersayer.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Middle Path Online or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Middle Path Online and protected by Australian and international copyright laws. All software used on this site is the property of Middle Path Online or its software suppliers and protected by Australian and international copyright laws.
TRADEMARKS
CyberSayer® and other Middle Path Online graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Middle Path Online. Middle Path Online´s trademarks and trade dress may not be used in connection with any product or service that is not Middle Path Online´s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Middle Path Online. All other trademarks not owned by Middle Path Online or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Middle Path Online or its affiliates.
LICENSE AND SITE ACCESS
Middle Path Online grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Middle Path Online. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Middle Path Online. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Middle Path Online and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Middle Path Online´s name or trademarks without the express written consent of Middle Path Online. Any unauthorized use terminates the permission or license granted by Middle Path Online. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Middle Path Online so long as the link does not portray Middle Path Online, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Middle Path Online logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Middle Path Online does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Middle Path Online only with involvement of a parent or guardian. Middle Path Online and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Middle Path Online reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Middle Path Online and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Middle Path Online and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Middle Path Online or its affiliates for all claims resulting from content you supply. Middle Path Online has the right but not the obligation to monitor and edit or remove any activity or content. Middle Path Online takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Middle Path Online are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Middle Path Online and its affiliates attempt to be as accurate as possible. However, Middle Path Online does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Middle Path Online itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself and includes Australian taxes (where appropriate).
With respect to items sold by Middle Path Online, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item´s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MIDDLE PATH ONLINE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MIDDLE PATH ONLINE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIDDLE PATH ONLINE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIDDLE PATH ONLINE AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM MIDDLE PATH ONLINE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIDDLE PATH ONLINE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
APPLICABLE LAW
By visiting Middle Path Online, you agree that the laws of the state of Queensland, Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Middle Path Online or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Middle Path Online or to products you purchase through Middle Path Online shall be submitted to confidential arbitration in Maleny, Queensland, Australia, except that, to the extent you have in any manner violated or threatened to violate Middle Path Online´s intellectual property rights, Middle Path Online may seek injunctive or other appropriate relief in any state or federal court in the state of Queensland, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator´s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
OUR ADDRESS
- FUN Network Pty Ltd. ACN 120 539 979
- trading as "Middle Path Online" ABN 18194618
- 12 Lawrence Place,
- Maleny, QLD 4552 AUSTRALIA
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