PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Australia and other copyright laws, and is the property of Agoo Australia Pty Ltd with permission from Agoo Apparel. The collective work includes works that are licensed to Agoo Apparel. Copyright 2003, Agoo Apparel ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Agoo Australia purchasing Agoo Apparel products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Agoo Australia or to purchase Agoo Apparel products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Agoo Australia. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Agoo Apparel used in the site are trademarks or registered trademarks of Agoo Apparel.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Agoo Australia disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Agoo Australia does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Agoo Australia does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Agoo Australia shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Agoo Australia has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Agoo Australia product is mistakenly listed at an incorrect price, Agoo Australia reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Agoo Australia reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Agoo Australia shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Agoo Australia without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Agoo Australia may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Agoo Australia.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of Australia. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Agoo Apparel products) shall be in the state or federal courts located in Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Agoo Apparel products) must be commenced within one (1) year after the claim or cause of action arises. Agoo Australia’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Agoo Australia may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Agoo4u or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Agoo Australia does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Agoo Australia is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Agoo Australia reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Agoo Australia in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Agoo Australia, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Agoo Australia may link to sites operated by third parties. However, even if the third party is affiliated with Agoo Australia, Agoo Australia has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Agoo Australia. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Agoo4 Australia seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

General Conditions of Entry and Competition Rules
Agoo Australia 1st birthday celebrations

1. These Conditions of Entry and Competition Rules apply to the Agoo Australia 1st Birthday celebration promotion to be held between 1/6/10 and ending on 30/6/10.
2. Entry into the promotion is deemed acceptance of these Conditions of Entry and Competition Rules.
3. The prize pool is worth approximately $2500 including prizes from sponsors and stockists as well as Agoo Australia
4. There will be 2 prize draws, Draw 1 is for Customers who purchase any Agoo product from any Agoo stockist, which will be drawn at the end of the month of June. You may enter more than once if you purchase more than once in the month or June. To enter email happybirthday@agoo.com.au with the date and store the Agoo product was purchased from. You will need to retain proof of purchase to claim your prize and this prize pool will contain approximately 20 prizes.
   
   Draw 2 will be for the Prize Hunt, to be held weekly, with a minimum of 5 prizes to be given away each week. (minimum of 20 prizes to be given away in this prize draw)
   
   3 Candle icons will be hidden each Monday 7th, 14th, 21st, 28th of June on 3 random websites of participating stockists and sponsors.
   Basic clues will be given to help participants find the 3 candles and will be announced in the Agoo Australia email newsletter which will be sent each Monday, as well as on Facebook and twitter.
   
   To enter email the location of the 3 candles, naming the site and the product or page the icon is hidden on, to happybirthday@agoo.com.au before 6pm on the Sunday evening of that particular week. The winner will be drawn at random using random.org. Only one entry per participant, per week will be accepted.
   
   Entrants are encouraged to state their prize preference, e.g. Boy or Girl, baby or child prize in their email and Agoo Australia will endeavour to satisfy these requests wherever possible, or will allocate a generic prize e.g. magazine subscriptions, gift vouchers etc. If no preference is given the prize will be allocated at the discretion of Agoo Australia.
   
   Winners of the weekly prize draws will be contacted via email and announced in the Agoo Australia weekly newsletter, on facebook and twitter. Winners of the 1st draw requiring purchase will be drawn on 7th July 2010. Winners will be contacted via email and announced on Facebook and twitter, and in the next available Agoo Australia newsletter.
5. The prizes are not redeemable for cash or transferable.
6. This promotion's participating sponsors and members of their immediate families are not eligible to participate and win. The term “immediate families” include spouses, Grandparents, Parents, Children, and Grandchildren whether by marriage, past marriages, remarriage, adoption, co-habitation or other family extension.
7. To the extent permitted by law the Agoo Australia will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of the prizes.
8. All personal details provided to participate in these promotions will be held by Agoo Australia for the purpose of this promotion and entries may be used by the TRN for future promotional and marketing purposes, unless otherwise advised by entrants.
9. Allow two weeks for the delivery of prizes.