1. Introduction and Acceptance of Terms of Use.

• ButlerDiaries.com is a website which sells products created and owned by Butler Diaries Pty Ltd. Butler Diaries offers you a wide range of content, communication tools, forums, and information about its products and services (“Materials”) via this web site. By using this website, you are agreeing to accept and comply with the terms and conditions of use as stated below (“Terms of Use”), which Butler Diaries may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that Butler Diaries may, at its sole discretion, terminate your access to this web site at any time without notice.

2. Limited Right to Use.

• The Butler Diaries pages are owned and operated by Butler Diaries. Unless otherwise specified, all Materials on this web site are the property of Butler Diaries and are protected by the copyright laws of Australia and, throughout the world by the applicable copyright laws. You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by Butler Diaries on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Butler Diaries. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorised use may violate copyright, trademark and other similar laws.

3. Communications.

• Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to Butler Diaries (“Feedback”) will be deemed, at the time of communication to Butler Diaries, the property of Butler Diaries, and Butler Diaries shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

4. Access to Password Protected or Secured Areas.

• Access to and use of password protected or secured areas of this web site is restricted to authorised users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.

5. Monitoring.

• Although Butler Diaries is not obligated to do so, it will have the right to review your communications on this web site to determine whether you comply with our Terms of Use. Butler Diaries will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. Butler Diaries will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Policy before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies.

6. Links to Other Sites.

• The linked sites are not under the control of Butler Diaries and Butler Diaries is not responsible for the content of any linked site or any link contained in a linked site. Butler Diaries reserves the right to terminate any link at any time. Butler Diaries may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. Butler Diaries DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

7. Trademarks.

• The trademarks, service marks and logos of Butler Diaries, Butler Creative and others used in this web site (“Trademarks”) are the property of Butler Diaries and their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of Butler Diaries or the respective owner. Indemnity. You agree to indemnify, defend and hold Butler Diaries harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of this web site.

8. Limitation of Liability.

• IN NO EVENT SHALL BUTLER DIARIES OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF BUTLER DIARIES OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Disclaimer.

• Butler Diaries assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. Butler Diaries is not responsible for supplying content or materials from the web site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED “AS IS” AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

10. Applicable Laws.

• These Terms of Use are governed by the law in force in the State of QUEENSLAND, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them for determining any dispute concerning the Terms of Use.

11. General.

• If you have any questions regarding the Terms of Use, please contact Butler Diaries via our Contact page. Moving your site to another host. As with most CMS moving a site to another host/server would require a rebuild. The modules built using our CMS are specific to our hosting. Therefore no data will be lost, however, functionality of the site in terms of blogs, calendar or other such modules will be disrupted.

Mobile Terms of Service

Butler Diaries

Last updated: June 6, 2023

The Butler Diaries mobile message service (the "Service") is operated by Butler Diaries (“Butler Diaries”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Butler Diaries’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Butler Diaries through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Butler Diaries. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to ButlerDiary or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Butler Diaries mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to ButlerDiary or email info@butlerdiaries.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.