Terms and Conditions

  1. Your Acceptance

    Thread Swap and its subsidiaries and affiliates (collectively "Thread Swap Pty Ltd") provides service to you subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. These Terms and Conditions constitute a binding agreement between Thread Swap Pty Ltd and you governing your use of the Website. By using and/or visiting the www.ThreadSwap.com.au Website or any other Websites owned by Thread Swap Pty Ltd (collectively the "Website"), you signify your assent to both these Terms and Conditions and the Thread Swap Pty Ltd Privacy Policy, which is specifically incorporated into the Thread Swap Pty Ltd Terms and Conditions. You are only authorised only to use the Website if you agree to abide by all applicable laws and to these Terms and Conditions. Please read these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, please do not use the Website.

  2. Website Access

    Thread Swap Pty Ltd hereby grants you permission to use the Website as set forth in these Terms and Conditions, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Thread Swap Pty Ltd’s prior written authorisation; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms and Conditions.

    In order to access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify Thread Swap Pty Ltd of any unauthorised use of your password or account or any other breach of security. Thread Swap Pty Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

    By registering with Thread Swap Pty Ltd, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Thread Swap Pty Ltd Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Thread Swap Pty Ltd suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, your account may be subject to suspension or termination, and you may be barred from using the Thread Swap Pty Ltd Website.

    You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Thread Swap Pty Ltd servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Thread Swap Pty Ltd grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Thread Swap Pty Ltd reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

    You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

  3. The Thread Swap Pty Ltd Website

    These Terms and Conditions apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Thread Swap Pty Ltd. Thread Swap Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Thread Swap Pty Ltd from any and all liability arising from your use of any third-party website.

  4. Thread Swap Credits

    Thread Swap Credits are available to Thread Swap members only

    Thread Swap Credits are maintained for the benefit and participation of individual members only. Each member may maintain only one account.

    Thread Swap Credits are automatically allocated to your account every time that you purchase them, when one of your items has been taken and the transaction has been completed, or through the send to friend function.

    Thread Swap Credits can only be applied to the member's account.

    Thread Swap reserves the right to audit any and all Thread Swap Membership accounts at any time for compliance.

    Currently, Thread Swap Credits can be accrued by giving items, encouraging other users to join via the email a friend page or purchasing credits. Thread Swap reserves the right to establish additional means of accruing Thread Swap Credits, to delete any or all of the means currently recognised, or to exclude specific types of transactions from the accumulation of credits.

    Thread Swap reserves the right to make bonus credits and promotional offers selectively available to certain Thread Swap members at any time, based upon account activity, , geographic locations, Thread Swap Membership participation or other factors determined at Thread Swap's sole discretion.

    Thread Swap Credits may not be redeemed or exchanged for cash, nor may they be transferred to another member other than for the sole purpose of a give/take transaction. Thread Swap Credits do not constitute property of the member, and are not transferable (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law.

  5. Intellectual Property Rights

    The content on the Website, except all User Submissions (as defined below), including without limitation, the text, graphics, and photos created by and for Thread Swap Pty Ltd, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Thread Swap Pty Ltd, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Thread Swap Pty Ltd or as expressly provided herein. Thread Swap Pty Ltd reserves all rights not expressly granted in and to the Website and the Content contained therein.

    You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

  6. User Submissions

    The interactive nature of postings on Thread Swap Pty Ltd makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Thread Swap Pty Ltd users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by Thread Swap Pty Ltd, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.

    You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Thread Swap Pty Ltd, you hereby grant Thread Swap Pty Ltd a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Thread Swap Pty Ltd’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.

    If you choose to post User Submissions on Thread Swap Pty Ltd Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of Thread Swap Pty Ltd reflects your respect for the legal rights of users connected with Thread Swap Pty Ltd. You understand that Thread Swap Pty Ltd does not guarantee any confidentiality with respect to any User Submission.

    Thread Swap Pty Ltd expressly disclaims any and all liability in connection with User Submissions. Thread Swap Pty Ltd reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Thread Swap Pty Ltd also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.

  7. Rules of Conduct

    The following rules of conduct apply to your use of the Website and to any and all materials you post on Thread Swap Pty Ltd, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of Thread Swap Pty Ltd.

    You may not, in connection with the Website:
    Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
    infringes or violates any patent, copyright, trademark, trade secret or other property right;
    breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
    constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
    violates or encourages others to violate any applicable law, statute, ordinance or regulation;
    promotes software or services that deliver unsolicited e-mail; or
    contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
    You may not, except with Thread Swap Pty Ltd’s express advance authorisation or in a specially designated area, use the Website to:
    Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
    engage in commercial activities within Thread Swap Pty Ltd;
    harm minors in any way;
    solicit personal information from anyone under 18;
    provide false or deceptive information;
    use Thread Swap Pty Ltd content to engage in commercial activities;
    delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or
    allow usage by others in such a way as to violate Thread Swap Pty Ltd’s Terms and Conditions.

  8. Copyright Infringement

    Thread Swap Pty Ltd respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Thread Swap Pty Ltd and the Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a Design or Type Tee Slogan. Thread Swap Pty Ltd reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.

    If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
    A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
    Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
    Such written notice should be sent to our designated agent as follows:

    Complaints
    Address Details Here

    Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

  9. Modifications to the Website

    Thread Swap Pty Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Thread Swap Pty Ltd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

  10. Termination

    Thread Swap Pty Ltd may, under certain circumstances and without prior notice, immediately terminate your Thread Swap Pty Ltd account and access to the Website and any other Thread Swap Pty Ltd services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms and Conditions other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Thread Swap Pty Ltd product. Termination of your Thread Swap Pty Ltd account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Thread Swap Pty Ltd’ sole discretion and that Thread Swap Pty Ltd shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

  11. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THREADSWAP.COM.AU, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THREADSWAP.COM.AU, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THREADSWAP.COM.AU MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY unauthorised ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THREADSWAP.COM.AUDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND THREADSWAP.COM.AU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THREADSWAP.COM.AUOR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms and Conditions. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  12. Limitation of Liability

    IN NO EVENT SHALL THREADSWAP.COM.AU, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THREADSWAP.COM.AU, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY unauthorised ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT THREADSWAP.COM.AU SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The Website is controlled and offered by Thread Swap Pty Ltd from its facilities in Australia. Thread Swap Pty Ltd makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  13. Indemnity

    You agree to defend, indemnify and hold harmless Thread Swap Pty Ltd, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Thread Swap Pty Ltd, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.

  14. Ability to Accept Terms and Conditions

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. Thread Swap Pty Ltd is not intended for children under 13. If you are under 13 years of age, then please do not use the Thread Swap Pty Ltd Website.

  15. Assignment

    These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Thread Swap Pty Ltd without restriction.

  16. Copyright Notice

    The Thread Swap Pty Ltd Website is © 2009, ThreadSwap Pty Ltd – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Thread Swap Pty Ltd.

  17. Trademarks

    All of the Thread Swap Pty Ltd trademarks are owned by Thread Swap Pty Ltd and may not be used for any purpose without the prior written permission of Thread Swap Pty Ltd.

  18. General

    If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Thread Swap Pty Ltd’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Thread Swap Pty Ltd reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

  19. Violations of These Terms and Conditions

    Please report any violations of the Terms and Conditions, including objectionable User Submissions or behavior, to copyrightinfringement@threadswap.com.au. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Thread Swap Pty Ltd in its sole discretion may investigate the matter and take such action as Thread Swap Pty Ltd determines to be appropriate.

  20. Updates to Terms and Conditions

    Terms and Conditions updated May 11, 2010.

THREAD SWAP IPAD2 COMPETITION TERMS AND CONDITIONS

These rules apply to the Thread Swap iPad 2 promotion. They may be amended or varied from time to time by Thread Swap Pty Ltd.

General:

The Thread Swap iPad 2 promotion is open to Australian residents only. The competition will close when 1,000 entries have been received (1,000 items listed across Thread Swap, Thread Swap Baby and Thread Swap Kids). Thread Swap Pty Ltd resevrves the right to extend the period.

1. The Promoter:

This competition is promoted by Thread Swap Pty Ltd("Promoter").

2. Who may enter:

The competition is not open to:

a) Employees of, or contractors to, the Promoter or any of its agencies involved with this competition; or

b) The spouse, de facto spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), of such employees and contractors (whether or not they live in the same household).

c) Potential entrants who have used or attempted to use any more than one name in order to qualify to win any contest run by the Promoter except in the case of a legal change of name.

d) A person who is not usually a resident of Australia.

e) A person who refuses to comply with or breaches any terms of these General Competition Entry Rules.

All entrants acknowledge that the Promoter can rely on Clause 2 and even if the Promoter only learns of a person's ineligibility after the Promoter has announced the ineligible person as the winner. Return of the prize or payment of its value to the Promoter can be required by the Promoter if this occurs.

3. Entries into draw:

Multiple entries are permitted into the draw. Entries deemed ineligible (ie fake or misleading items listed on Thread Swap, Thread Swap Bay or Thread Swap Kids) will be removed and not counted as an entry. Competition commences Jun 6th 2010. Entries close when 1,000 items have been listed across Thread Swap, Thread Swap Baby and Thread Swap Kids. Thread Swap Pty Ltd has the right to extend the entry.

4. Prize:

All prize items are valued inclusive of GST and the Promoter takes no responsibility for any variation in item values. Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of that winner.

Prizes are non-transferable and may not be redeemed for cash. If the specified prize becomes unavailable due to unforeseen circumstances, the Promoter may substitute a prize of like or equal value. Unless otherwise specified, the class of travel for and travel prize incorporating an airfare is economy class.

Any tax payable as a result of a prize being awarded or received will be the winner's responsibility.

In relation to prizes involving participation in any activity –

a) The Promoter and its employees and agents will be fully released from and indemnified by winner in respect of any claim for accident, injury, property damage or loss of life in connection with or as a result of a winner's acceptance of a prize.

4 A. Delivery of prize by third party:

On occasion, prizes are provided to the Promoter by a third party under a commercial arrangement (“Third Party”).

The winner and the Third Party acknowledge and agree that the provision of the prize is the sole responsibility of the Third Party, not the Promoter.

The winner agrees that the Promoter accepts no responsibility or liability for any delay or failure by the Third Party to deliver the Prize or failure by the Promoter to meet any of its obligations in these conditions of entry or otherwise.

The Third Party releases from and indemnifies the Promoter from and against all liability, cost, loss or expense arising out of a claim by a winner (or his or her successors or representatives) in respect of delivery of the Prize.

5. Prize awarding:

Winners will be notified by email or telephone, and if no mail address or telephone number is given, by any other contact details provided by the winner.

Unless otherwise informed, all prizes must be collected within 21 days of winning between the hours of 8:45am and 5pm Monday to Friday excluding all Public Holidays at a location to be agreed.

Upon request by the Promoter a copy of the general contest rules and/or a signed receipt and acknowledgement must be signed and endorsed by any winner to indicate his/her understanding and acceptance of these terms.

Prizes will only be awarded following winner validation and verification. The judges' decision is final and no correspondence will be entered into.

6. Publicity:

Acceptance of a prize constitutes permission for the Promoter to use winner's name and suburb of residence for advertising and promotional purposes without compensation, unless otherwise prohibited by law.

7. Exclusion of liability:

The Promoter takes no responsibility for the loss of prizes due to incorrect or imprecise contact details provided by an entrant. The Promoter makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes.

The Promoter shall not be liable for any loss or damage suffered or sustained (including but not limited to consequential loss, loss of revenue, loss of profit or economic loss), including for personal injury or property damage suffered or sustained, as a result of accepting any prize or participation in any competition or prize, except for any liability which cannot be excluded by law.

8. Ownership of entries:

Ownership (including intellectual property rights) in all entries (whether in written, audio or visual form, or a combination of those) are assigned to the Promoter upon submission and remain the property of the Promoter (subject to any limits contained in the Privacy Statement).

9. Privacy

Entrants acknowledge and consent that the collection of personal information will be in accordance with the Thread Swap Privacy Policy.

10. Disqualification:

The Promoter is not responsible for lost, interrupted communications or unavailable network server or other connections, failed telephone, mid-delivery or computer transmissions or other errors of any kind, whether human, mechanical or electronic.

The Promoter assumes no responsibility for any error, defect, delay, theft or unauthorised access to or alternation of entries.

Subject to any written directions given under the applicable law, if for any reason, the competition is not capable of operating as planned, including infection by computer viruses, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, or proper conduct of the competition, then the Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this competition.

The Promoter reserves the right, in its sole discretion, to disqualify any individual for:

a) Tampering with the entry process, including exceeding any limitation on the numbers of entries, or any other process as determined by the Promoter that in any way affects the fairness of the promotion;

b) Tampering with the operation of the competition or web site;

c) Acting in violation of these terms and conditions;

d) Acting in an unsportsmanlike or disruptive manner; or

e) If an entrant selected as a winner is found to be in breach of paragraphs 3, 4 or 5 of these conditions of entry, a new winner may be selected and, in the event that the entrant in breach has been awarded a prize, the entrant may be required to return the prize or reimburse the value of the prize to the Promoter.

11. Participation:

Participation in the competition constitutes the entrant’s unconditional agreement to and acceptance of these General Competition Entry Rules.

These rules may change from time to time. The Entrant is responsible for insuring his or her familiarity with the General Competition Entry Rules at the time of participation.

The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the General Competition Entry Rules generally.

Where the Promoter has special contest conditions or rules in relation to a particular contest, then they will prevail to the extent of any inconsistency between those special conditions and these General Competition Entry Rules.