Last Edited: 03/05/2016
These terms govern your access and use of this website. If you do not agree with any of these terms or conditions you must exit the site immediately. The visitor must then immediately destroy any and all material whether in electronic or printed format, and the visitor will not access, contact or refer to this website in any way. In the event of termination of access, all “RALPHANANIA.COM” disclaimers and limitations of liability set out in these Terms will still apply.
A person, robot, spider, deep-link, page-scrape or any other automatic device, program, algorithm or methodology, or any manual process with similar purposes will be referred to as a “visitor”, “you” or “your”.
Any changes to this website’s terms, conditions and use will be posted here. It is the visitor’s responsibility to check these terms for changes. Your continued use of the website following the posting of changes will mean that you accept and agree to these changes. The information contained in this website is subject to change without notice.
The following terms also govern and apply to your use of the website, and are incorporated herein by this reference … Trademark Information, Copyright Information, Rights and Permissions, Claims of Copyright Infringement, Piracy Prevention, Report Piracy, Buy Sell Trade Auction Policies, Unsolicited Idea Submission Policy, Software License Information, Legal Contacts … each of these policies may be changed without notice and are effective immediately upon posting such changes on the website.
“ANANIA ENTERPRISES” is committed to protecting your privacy. Our policy allows you to choose what kind of and how much information you provide. Our goal is to provide you with a good experience while allowing you to control your privacy and to give you a means to voice any questions or concerns you may have. This policy applies only to “ANANIA ENTERPRISES” and not to linked companies or organisations.
By using this website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Collection of Information
Information is collected primarily to make it easier and more rewarding for you to use our services. While you may be asked to provide information such as your name, email address or information about what you like and do not like, it is always your choice whether to respond or not.
“ANANIA ENTERPRISES” collect anonymous information which tells us which pages are visited on our site. We ask for personal information when you subscribe to use a service, that information is required to provide services to you. This information may be used to inform you of additional products and/or services which may be of interest to you. You can choose not to receive such information when you are undertaking product or service registration on our website. We collect personal information such as who you are, your name, email or address, when you choose to provide it to us.
Use of Anonymous Information
“ANANIA ENTERPRISES” gathers anonymous information to monitor the use of the site, so that we can improve the site for you. We may publish or provide this aggregate data to other people.
Use of Personal Information
“ANANIA ENTERPRISES” will only use the personal information you have chosen to provide to us for the purpose for which you provided it. We will not use it for any other purpose without your consent.
There will be occasions where it will be necessary for “ANANIA ENTERPRISES” to disclose your personal information to third parties. We may be required by law to disclose the information, or we may be required to disclose your personal information to third parties to provide the service you have requested, for example, if you purchase products online, we will need to disclose your personal information to third parties in order to bill and deliver your products. However, the disclosure will only be made where it is necessary to fulfil the purpose for which you disclosed your personal information.
We do not disclose personal information that you may give us, such as your name, address, email address or telephone number, to any organisation or person outside the “ANANIA ENTERPRISES” associated group of companies unless you have authorised us to do so. For example, when you contribute to an online forum you may want your name and email address to be published.
No Sale of Personal Information
“ANANIA ENTERPRISES” will not sell or receive payment for licensing or disclosing your personal information.
Interacting with “ANANIA ENTERPRISES”
There are interactive features that you can contribute to such as Guest Books, Forums, Event Diaries, Reviews, Online Voting, Community, Mailing Lists and Email.
When interacting with these features, please use your discretion and exercise caution when providing your personal information. Whenever you post personal information in publicly accessible places, such as chat rooms or message boards, this information becomes available to anyone with access to the site.
If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. We recommend that you refrain from posting any information that you do not want seen in public areas.
Remember, you are solely responsible for maintaining the privacy of your personal information and passwords. Please be responsible whenever you are online.
Access and Correction of Personal Data
“ANANIA ENTERPRISES” will where possible, provide you with access to the information provided. We will take all reasonable steps to correct the information so that it is accurate, complete and up to date.
“ANANIA ENTERPRISES” operates secure data networks that are designed to protect your privacy and security.
Complaints About Privacy
If you have any complaints relating to online privacy issues on our websites, please let us know. While “ANANIA ENTERPRISES” accepts no liability for any material or links posted to the service, we will investigate complaints vigorously.
Obligations of Visitors
Visitors must not impersonate any other individual or entity. Visitors agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. Visitors must not forge headers, manipulate identifiers to disguise the origin of any message or transmittal sent to “ANANIA ENTERPRISES”.
Visitors may not use this website in any way to perpetrate illegal activity, criminal offence or other civil breach. You must not use this website to publish by any means, material that is defamatory or, to obtain, store, publish or transmit any material that is indecent, pornographic, racist or in any other way discriminatory.
You must only use the website in accordance with these terms and in accordance with laws applicable to you. You must not use this website to post any content which is illegal, obscene, defamatory, or which infringes the rights of another person including, without limitation, any unauthorised use of content which is the copyright of another person or which contains confidential information of another person.
You agree to indemnify us in respect to any claim, liability, loss, damage, cost (including any legal cost) or expense which we may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with regard to this agreement, the use of the website, your purchase of goods or services through the website (or any part of it) or through us, or any breach by you of these terms.
Visitors must not in any way copy, screen shoot, reproduce, mirror, republish, frame, upload to a third party, post, modify, transmit or distribute any material except as expressly provided for on the web or expressly authorised in writing by “ANANIA ENTERPRISES”. In other words, the visitor must have prior written permission to do so. Visitors must not reverse look-up, trace or seek to trace any information or exploit the website through any means not purposely made available.
No visitor may access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content. The visitor must not attempt to obtain any materials, documents or information on any other user of or visitor to the website, or any other customer or account of the “ANANIA ENTERPRISES” website.
Visitors must not impose a large load on the infrastructure of the website or “ANANIA ENTERPRISES” buy sell trade auction’s systems or networks, or any systems or networks connected to the website. Visitors must not use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.
Visitors Account’s Obligation
Certain features or services offered on or through the website may require you to open an account (including setting up a “ANANIA ENTERPRISES” ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify “ANANIA ENTERPRISES” immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of or visitor to the website due to someone else using your ID, password or account.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. “ANANIA ENTERPRISES” cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Content of Website
“ANANIA ENTERPRISES” does not warrant that any of the information or material on this site is accurate, complete or current. The information and materials appearing on this website may include technical inaccuracies, typographical errors, photographic errors, colour variance, or omissions.
The information and materials on this site are provided “as is”. “ANANIA ENTERPRISES” makes no warranties, express or implied, as to such information and materials, and specifically disclaims and negates all other warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of intellectual property or other violation of rights.
If you find any content that infringes any rights, please let us know immediately, so that we can rectify or remove such content as there is no intent by “ANANIA ENTERPRISES” to breach somebody else’s rights.
“ANANIA ENTERPRISES” may make changes to the information and materials contained on this website at any time without notice, and does not make any commitment to update such information or materials.
“ANANIA ENTERPRISES” does not warrant that the functions contained in the materials on this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
Links to Other Websites and to the “ANANIA ENTERPRISES” Website
This website contains links to other websites. These linked websites are provided solely as a convenience to visitors, and “ANANIA ENTERPRISES” is not responsible for and does not endorse the content, information or materials contained on such websites. You will need to make your own independent judgment regarding your interaction with these Linked websites.
If the website contains third party advertisements (such as banner advertisements or referral buttons) which contain embedded links to other web websites where goods or services are advertised, the placement or such advertisements on this website does not constitute the recommendation or endorsement by us of any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.
“ANANIA ENTERPRISES” does not promise that the website or any content, service or feature of the website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the website will provide specific results. The website and its content are on an “as-is” and “as-available” basis.
“ANANIA ENTERPRISES” disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. “ANANIA ENTERPRISES” disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the website and/or any “ANANIA ENTERPRISES” services.
The visitor assumes responsibility for the use of the website and any linked websites. Your sole remedy against “ANANIA ENTERPRISES” for dissatisfaction with the website or any content is to stop using the website or any such content. This limitation is a part of the agreement between the parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
“ANANIA ENTERPRISES” reserves the right to, at any time and without notice to modify, suspend or terminate operation of or access to the website, or any portion of the website, for any reason to modify or change the website, or any portion of the website, and any applicable policies or terms; and to interrupt the operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will “ANANIA ENTERPRISES” be liable to any visitor for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if “ANANIA ENTERPRISES” has been advised of the possibility of such damages.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the website, including contests, promotions or other similar features, all of which terms are made a part of these terms by this reference. “ANANIA ENTERPRISES” may make changes to any products or services offered on the website, or to the prices for any products or services, at any time, without notice. The materials on the website with respect to products and services may be out of date, and “ANANIA ENTERPRISES” makes no commitment to update the materials on the website with respect to such products and services.
As a visitor you acknowledge and agree that “ANANIA ENTERPRISES” may preserve any transmittal or communication by you with “ANANIA ENTERPRISES” through the website or any service offered on or through the website, and may also disclose such data if required to do so by law.
You agree that “ANANIA ENTERPRISES” may, in its sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the website.
You agree that any violation by you of these terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to “ANANIA ENTERPRISES” buy sell trade auction, for which monetary damages would be inadequate, and you consent to “ANANIA ENTERPRISES” obtaining any injunctive or equitable relief that “ANANIA ENTERPRISES” deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies “ANANIA ENTERPRISES” may have at law or in equity.
If “ANANIA ENTERPRISES” does take any legal action against the visitor as a result of the violation of these Terms, “ANANIA ENTERPRISES” will be entitled to recover from the visitor, and you agree to pay, all reasonable lawyers’ fees and costs of such action, in addition to any other relief granted to “ANANIA ENTERPRISES” buy sell trade auction. You agree that “ANANIA ENTERPRISES” will not be liable to you or to any third party for termination of your access to the website as a result of any violation of these terms.
If “ANANIA ENTERPRISES” is found to be liable to for any damage or loss which arise out of or is in any way connected with the visitor’s use of the website or any Content, “ANANIA ENTERPRISES” buy sell trade auction’s liability shall in no event exceed the greater of the total of any subscription or similar fees with respect to any service or feature of or on the website paid in the six months prior to the date of the initial claim made against “ANANIA ENTERPRISES” buy sell trade auction.
You agree to indemnify and hold “ANANIA ENTERPRISES” buy sell trade auction, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including lawyers’ fees), made against “ANANIA ENTERPRISES” by any third party due to or arising out of or in connection with the visitor’s use of the website.
Violation of These Terms
“ANANIA ENTERPRISES” may disclose information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) “ANANIA ENTERPRISES” buy sell trade auction’s rights or property, or the rights or property of visitors to or users of the website, including “ANANIA ENTERPRISES” buy sell trade auction’s customers.
“ANANIA ENTERPRISES” reserves the right to disclose any information that “ANANIA ENTERPRISES” deems necessary to comply with any law, regulation, legal process or governmental request. “ANANIA ENTERPRISES” also may disclose your information when “ANANIA ENTERPRISES” determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
The visitor agrees that all matters relating to the access to or use of the website, including all disputes must be brought within 3 months after the cause of action arises, or such claim or cause of action is barred.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and lawyers’ fees. In the event of any controversy or dispute between “ANANIA ENTERPRISES” and the visitor arising out of or in connection with your use of the website.
The parties with good will and in good faith will try to resolve any dispute in a business-like manner.
If the parties are unable to resolve the dispute within a reasonable time (not to exceed 30 days), then either party may submit such controversy or dispute to mediation.
If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Although the website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the website are available to all persons or in all geographic locations, or appropriate or available for use.
“ANANIA ENTERPRISES” reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the website is void where prohibited. If you choose to access the website from outside Australia, you do so, on your own initiative and you are solely responsible for complying with applicable local laws.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
These Terms constitute the entire agreement between the visitor and “ANANIA ENTERPRISES” with regard to the use of the website, and any and all other written or oral agreements or understandings previously existing between you and “ANANIA ENTERPRISES” with respect to such use are hereby superseded and cancelled. “ANANIA ENTERPRISES” will not accept any counter-offers to these Terms and all such offers are hereby categorically rejected.
“ANANIA ENTERPRISES” buy sell trade auction’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by “ANANIA ENTERPRISES” of any provision or any right it has to enforce these Terms, nor shall any course of conduct between “ANANIA ENTERPRISES” and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
The use of the website by any person in any country is governed by the law in force for the time being in Sydney, New South Wales, if the matter is one of state jurisdiction, and Australia, in all other cases. Any limitations imposed by the uncertainty of international law must be resolved in these jurisdictions.
“ANANIA ENTERPRISES” provides access to “ANANIA ENTERPRISES” international data and, therefore, may contain references or cross references to “ANANIA ENTERPRISES” products, programs and services that are not announced in your country. Such reference does not imply that “ANANIA ENTERPRISES” in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this website shall be deemed to be non-confidential. “ANANIA ENTERPRISES” shall be free to use such information on an unrestricted basis.