Disclaimer

This site is the StayingMe website hereinafter referred to as StayingMe.

This site is provided by StayingMe on an "as is" and "as available" basis. StayingMe makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.

 You expressly agree that your use of this site is at your sole risk to the full extent permissible by applicable law.

StayingMe disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

StayingMe does not warrant that this site, its servers, or e-mail sent from StayingMe are free of viruses or other harmful components. StayingMe will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

This agreement sets forth the terms and conditions under which StayingMe will provide its entire services.

This agreement describes user’s rights and obligations when using these services.

User should read it carefully and be sure user understands these terms and conditions.

Use of this web site and or any StayingMe product or service means user accepts all the terms and conditions of this agreement. The parties to this agreement are StayingMe and the user.

StayingMe recommends that you carefully pack items that are sent to us, and that registered post is used. Insurance may or may not be suitable depending upon your considered value. Always check with your Post office first. StayingMe will not be held responsible for items before they reach us, although once in our care we treat them as though they were our own special memories.

When sending items we recommend that they are boxed rather than just placed in envelopes. Even well-padded envelopes can be bent. StayingMe will not be responsible for items insecurely packaged and shipped. The best option is to place your photographs in a padded envelope within two or more strong thick pieces of hard cardboard. Address the envelope and place it with additional padding into a suitable box. This will ensure the safest transport.

Please note that StayingMe does not return unsolicited items. Items should not be sent to StayingMe without prior approval. StayingMe are not responsible for the lost or damage to any items sent unsolicited or without prior approval.

StayingMe will not be responsible for loss or damage to or from StayingMe by third party carriers including the post office. The User is responsible for all insurance of items sent between StayingMe and the user.

StayingMe will not be responsible for any costs involved in return packaging and/or postage.

The entire content of the StayingMe web site, including but not limited to text, pictures, video etc, is copyrighted. Unless otherwise indicated, you may not download, reproduce, embed or in any other way use the images, text etc of this site in any other website without permission of StayingMe Productions. Any violations of copyright or trademark will be prosecuted to the fullest extent of the law

We are happy to make images available to you under license. StayingMe reserves the right to charge or not charge for that service depending on the intended use.

All products and services offered by StayingMe are offered on good faith. Where possible we will attempt to provide these as required. We are not responsible for issues with third-party providers however, nor with availability of some items.

Remittance must be of good and legal funds of the exact amount required for the purchase of the product or service ordered by StayingMe including any taxes and fees.

StayingMe orders are binding contracts between user and StayingMe and will be honoured by user. User shall not regard StayingMe orders as options.

All transactions, purchases or services and goods by user from StayingMe are final. Any return of goods or refunds are at the sole discretion of StayingMe. We reserve the right to refuse service to particular individuals or entities, at our sole discretion, with or without cause. NO correspondence will be entered into.

We use PAYPAL as the medium for purchases.  This is a third-party payment organisation which operates beyond the influence or control of StayingMe.  All billing queries, discrepancies, issues, problems or conflicts must be resolved via PAYPAL.  StayingMe is not responsible in any shape or form with PAYPAL performance, PAYPAL delivery, PAYPAL charging, PAYPAL fees or any other characteristic, experience, service or attribute of PAYPAL. 

As a convenience to you StayingMe may provide, on this Site, links to web sites operated by other entities. If you use these sites, you will leave this site. StayingMe encourages third parties to follow appropriate privacy standards and policies, but is not responsible for the actions of those parties, the content of their web sites, or any products or services they may offer. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. StayingMe makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that StayingMe or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of StayingMe or any of its affiliates or subsidiaries.

This Site is controlled, operated and administered by StayingMe from its offices within Victoria Australia. StayingMe makes no representation that materials at this site are appropriate or available for use at other locations outside of Australia and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the materials in violation of Victorian Australia export laws and regulations. If you access this Site from a location outside of Australia, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of Victoria Australia without giving effect to its conflict of law provisions.

At StayingMe, we understand that children’s privacy, security and protection is important. We do not monitor the age of our user audience. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children. However, if you aged 18 or under you should not submit personal identifying information to StayingMe without the consent of your parent or guardian. If you are a parent and want to limit your children’s access to material you believe may be harmful to them, you may want to look into the easily obtained commercially available hardware, software and filtering devices. If you are interested in learning about these protections, information is available at various sites including http://www.worldvillage.com/wv/school/html/control.htm

All links to the StayingMe website must be approved in writing by StayingMe, except that StayingMe consents to links in which: (i) the link is a text-only link containing only the name " StayingMe"; (ii) the link "points" only to http://www.StayingMe.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by StayingMe nor be such as to damage or dilute the goodwill associated with the name and trademarks of StayingMe or its Affiliates. StayingMe reserves the right to revoke this consent to link at any time in its sole discretion.

IN NO EVENT SHALL STAYINGME OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF AND WHEN STAYINGME IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Assignment. The provisions of this Agreement shall be continuous and shall inure to the benefit of StayingMe, its successors and assigns, and shall be binding upon user and/or the estate, personal representatives, administrators and successors of user. StayingMe may assign its rights and delegate its duties as to any or all transactions under this Agreement. User shall not delegate any obligations hereunder without the prior written consent of all of the duly authorized officers of the StayingMe and any attempt at such delegation without such consent shall be null and void.

Jurisdiction. This agreement is governed by the laws of Australia as such laws are applied to agreements entered into and to be performed entirely within Australia by Australian residents.

Severability. In the event that any provisions of this Agreement shall be determined by an arbitration body or a court of competent jurisdiction to be unenforceable in any jurisdictions, such provision shall be unenforceable in that jurisdiction and the remainder of this Agreement shall remain binding upon the parties as if such provisions were not contained therein. The enforceability of such provision shall otherwise be unaffected and remain enforceable in all other jurisdictions.

StayingMe will not be held responsible or liable for the consequences of or the results of any activities performed by or on behalf of any of its officers, affiliates, nominees or representatives.

Force Majeur. StayingMe will not be responsible for delays or failures in the transmission, receipt or execution of orders, Remittances, Payments, or information due to events or systems beyond its control. The obligations of this contract precede any government enactment. StayingMe, it’s owners, employees, agents or affiliates will not be responsible for any loss, damage or injury resulting from any event or system beyond its control.

User will be subject to damages and other penalties, including criminal prosecution where available and the notification of the general public of user’s actions, at the sole discretion of StayingMe if user attempts to use the StayingMe service in connection with tampering, cracking, modifying or otherwise corrupting the security or functionality of the StayingMe website, services and/or association.

StayingMe reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of this site after any changes to this Agreement are posted will be considered acceptance of those changes.

Entire Agreement. This Agreement constitutes the entire and whole agreement between User and StayingMe and is intended as a complete and exclusive statement of the terms of the Agreement. This Agreement shall supersede all other communications between the parties.