General
In this website, ITSA means Independent Toy Specialists of Australia Pty Limited and references to ITSA are references to the individual retail businesses that may be operating under the ITSA brand. ITSA (we, us, or our) provides this website, or any of the pages comprising the website (our Site) to visitors (cumulatively referred to as you or your), subject to these terms and conditions (Terms and Conditions), our Privacy Policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of our Site (for example, the terms of order placement).
Please read these Terms and Conditions carefully before using our Site.
By using our Site you consent to being bound by the Terms and Conditions which constitute a legal agreement between you and ITSA.
If you do not agree with any of these Terms and Conditions, please do not use our Site and leave immediately.
Individual policies of the ITSA retail member stores may differ from those applicable to your use of this Site.
Our Aim
Our aim is to give our customers an online research and shopping experience that is as personal as shopping in store with an ITSA retail member. Our website and processes are being constantly reviewed and developed. We are always looking for ways to improve, so please send us any feedback you may have by email to evan@itsagoodtoy.com.au.com.au.
Transactions on this website
This site is owned and operated by ITSA.
All prices on this website are in Australian Dollars and are inclusive of GST but exclusive of distribution and freight costs.
We operate in Australia and cannot supply products or accommodations outside of Australia. For security reasons we reserve the right to review orders placed from outside Australia for pick up or distribution within Australia
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice.
Accuracy
All material available on our Site or through any sites that are linked to our Site by hypertext links (the Content) is provided for background, inculcated, information and personal regalement purposes only. The Content does not represent professional advice and should not be relied upon without our categorical and indicted consent. ITSA reserves the right at any time to transmute or discontinue without notice any aspect or feature of our Site.
Whilst we have no reason to believe that the Content on our Site is erroneous, we do not make any express or implicatively insinuated warranties, representations or endorsements whatsoever in cognation to our Site and the Content or any information provided through our Site or through any sites that are linked to our Site by hypertext links (the Linked Sites).
We utilize all plausible efforts to comply with the Australian Consumer Law and do not abstract any rights or guarantees you are afforded under the Australian Consumer Law in reverence of the products and accommodations provided by the ITSA stores through our Site.
Our Site and Content, including any material contained on Linked Sites (the Linked Material), is provided on an As-Is, As-Available substructure and we and the ITSA retail members:
• do not ensure that the Content or Linked Material is precise, definitive, reliable, consummate or current;
• do not undertake to keep our Site updated;
• do not accept responsibility for loss suffered as a result of reliance by you upon the precision, reliability, or currency of information contained on our Site; and
• to the extent sanctioned by law, make no warranty or representation as to the quality, merchantability or fitness for purport of the Content or Linked Material or any information or accommodations provided through our Site or the Linked Sites.
Copyright and trademarks notice
Subject to the below, ITSA has and holds copyright in all Content contained on our Site and in the choice, selection, arrangement and presentation of this Content (including information in the public domain) and overall design of our Site. Any reproduction, distribution, re-transmission or modification of the Content, whether in electronic or hard copy form is prohibited without our express written consent.
We do not own copyright in any third party material contained on Linked Sites or in any third party material which appears on our Site with the consent of the copyright owner. We do not: warrant or represent that Linked Material does not infringe the intellectual property rights of any third party.

ITSA does not authorise the infringement by any person of any intellectual property rights of any third parties contained in Linked Material or in any third party material which appears on our Site.
The trade marks, logos, brand names, tag lines, metadata, service marks and other intellectual property rights subsisting in the Site (collectively the intellectual property) displayed on our Site to describe companies and their products are the registered and unregistered trademarks of ITSA and other third parties. Nothing contained on our Site or in these Terms and Conditions should be construed as granting, by implication or otherwise, a licence or any right to any party to use the intellectual property without our written permission or the written permission of the third party that owns the intellectual property. Any use of the intellectual property displayed on our Site except as provided for in these Terms and Conditions is strictly prohibited.
We appreciate any product reviews, information or material submitted to the Site (content submissions). All content submissions sent to us will be deemed not to be confidential. By submitting any solicited or unsolicited information (including without limitation suggestions, ideas or comments but excluding purchase and payment information) using our Site, you grant us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute, or delete such information for any purpose whatsoever to the extent permitted by law.
Product display/colours
This Site attempts to display product images as accurately as possible as provided to ITSA by its suppliers. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the computer device and/or browser you are using. Accordingly, all pictures and images displayed on this website are for illustration purposes only.
Product dimensions and specifications are given as helpful information only and are not to be relied on, particularly for final installation. Please refer to the manufacturers, suppliers, or distributors specification prior to purchase and to ensure there have been no recent alterations to the selected product.
Accessories are not included unless otherwise stated.
Links to other web sites
The ITSA Site contains links and references to websites maintained by organisations that may have no commercial or other relationship with us. The Linked Sites and references have been included for interest and convenience purposes only for visitors to our Site and may not remain current or be maintained. ITSA:
• does not sponsor, endorse or approve of the views expressed on the Linked Sites or the information, products and services available on the Linked Sites;
• do not guarantee that the information on the Linked Sites is accurate, reliable, definitive, complete or up-to-date;
• do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy, reliability, completeness or currency of information contained on the Linked Sites; and
• make no warranty or representation in relation to any Linked Material, including as to the quality, merchantability or fitness for purpose of any Linked Material.
We reserve the right at our absolute discretion and without notice to remove any links to or frames of our Site from other web sites. For the avoidance of doubt, framing of our Site or any part of our Site is not permitted without express permission.
The conditions of use and privacy policy of any Linked Site may differ substantially from the terms and conditions that apply to your use of this Site. Please review the conditions of use for all Linked Sites for more information about the terms and conditions that apply to your use of those sites.
Viruses, errors, defects and interruptions
You acknowledge that access to the ITSA Site and Linked Sites is affected by matters beyond our control. We do not guarantee that the files contained in our Site, Linked Sites or the servers on which our Site or Linked Sites are hosted are unaffected by viruses, errors, defects or will be accessible to users on a continuous or uninterrupted basis.
We do not guarantee that any viruses, errors or defects discovered to exist on our Site, Linked Sites or the servers on which they are hosted will be corrected. You make use of our Site and Linked Sites at your own risk.
For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of our Site or the Linked Sites. You should take appropriate action to ensure that your access to, and use of this Site and other sites is protected against, and free from viruses, worms, Trojan horses and other harmful and destructive material.
Specific warning
You must ensure that your access to our Site is not illegal or prohibited by laws which apply to you. We do not make any warranty or representation that information on our Site is appropriate for use in any jurisdiction other than Australia. By accessing our Site, you warrant and represent to us that you are legally entitled to do so and to make use of information made available via our Site and the Linked Sites.
Restricted use
You agree that you will not use our Site:
for any purpose that may prejudice the reputation or interests of ITSA, its related entities or ITSA stores; and
to send or post any messages or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law.

Without limiting the preceding words, you must not:
• on-sell information obtained from our Site;
• hack into, change or otherwise interfere with the operation of our Site or the Content (including knowingly transmitting a virus or other damaging material to our Site); or
• tamper with the Site, misrepresent your identity, use buying agents or conduct fraudulent activities on the Site.

Security
Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation:
• accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access;
• using the Site for unintended purposes or trying to change the behaviour of the Site;
• attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorisation;
• attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”;
• forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
• forging communications on behalf of the Site (impersonating this Site) or to the Site (impersonating a legitimate user).
Sending unsolicited and unauthorized e-mail on behalf of ITSA or ITSA stores, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site.
You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by us or generally publicly available browsers.
Privacy
We will only record your email address if you send us a message seeking further information from us, lodge an online complaint, ask to subscribe to a mailing list or register to receive our range of marketing material or access specific sections of our website. Your email address will only be used for the purpose for which you have provided it unless you agree otherwise and, unless legally required to do so, we will not disclose it without your consent.
Disclaimer of liability
Subject to any applicable law to the contrary, in relation to any direct or indirect access and use of or reliance on our Site, Linked Sites, the Content or Linked Material, or the inability to use or rely on our Site, Linked Sites, the Content or Linked Material, we and the ITSA stores:
• exclude all liability to third parties, whether that liability arises in contract, tort or any other cause of action; and
• will not be responsible and/or liable for any incidental, special, direct or consequential damages, however caused, including (but not limited to) damages for loss of business or other profits, business interruption or loss of programs or information, even if we have notice of or knowledge of the possibility of such damage.
The above disclaimer of liability shall apply to all products and services available through the Site, subject to an applicable law to the contrary..
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded.
Where legislation implies any condition or warranty, and that legislation prohibits us or the ITSA stores from excluding or modifying the application of, or liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and/or the liability of ITSA stores for a breach of that condition or warranty will be limited to:
• if the breach relates to goods:
• the replacement of the goods or the supply of equivalent goods;
• the repair of such goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired, at our election or the election of the ITSA retail member, as appropriate; and if the breach relates to services:
• the supplying of the services again; or
• the payment of the cost of having the services supplied again, at our election or the election of the ITSA retailer, as appropriate.

Advertised price disclaimer
Some advertised products may have been available in store at lower prices than that advertised from time to time. Advertised savings are calculated against recommended ticketed prices in store and/or previously advertised prices. Some stores may have previously ticketed products at a higher price than that advertised, in which case savings would be greater.
Terms and conditions apply to all promotions and offers.
Electronic versions of printed and digital catalogues
Electronic copies of printed catalogues (Catalogues) may be accessible from this Site. The duration of the offers or available quantities of products/services included in the Catalogues are subject to the disclaimers on the relevant Catalogue. Although we make every attempt to make all offers consistent, we do not guarantee or represent that that the products, services, pricing or any other offer in a Catalogue will be available to purchase via this Site. Catalogue promotional date ranges, pricing, and stock availability may vary from time to time in each individual ITSA retail member store. ITSA does not take any responsibility, or admits any liability in relation to any pricing, stock availability, or disputes that may occur in regard to an ITSA retail member store.
Exception to disclaimer
The disclaimer set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Indemnity
You agree to indemnify us (and our employees, officers, managers, assistants, members and agents), our related bodies corporate and the ITSA retail member stores from and against all loss, liability, claims, damage or expense of whatever nature which ITSA or any third party may suffer (including legal fees on a solicitor and own client basis), arising out of or relating to, whether directly or indirectly:
• your use of our Site, including to send or post a message;
• your breach of any provision of these Terms and Conditions; and/or
• any intentional wrongdoing by you.

Cookies
Cookies are small pieces of data stored on the web browser on your computer. This website
(including those you visit by clicking on advertising) may store cookies on your web browser.

The main reasons we store cookies are to:
• Improve your website browsing experience;
• Gather statistics on site usage; and
• Enable us to present customised and appropriate messages from ITSA and third
parties.
When you visit the Site, we may use cookies to record your server address and top level domain name, the date and time of your visit, the pages accessed and documents downloaded, the previous site visited, and the type of browser used.

You can set most web browsers so that you are immediately notified of when a cookie is received, which you can then decide to either accept or reject it. You can also see the cookies stored by your web browser and remove any that you do not want.
If you disable the use of cookies on your web browser or remove or reject specific cookies from this website or linked sites, then you may not be able to gain access to all the content and facilities of our website or linked sites.

Entire agreement
These Terms and Conditions constitute the sole record of the agreement between you, the ITSA stores and/or ITSA in relation to your use of our Site. The ITSA stores and/or ITSA shall not be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Terms and Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you, the ITSA stores and/or ITSA in respect of or in any way related to your use of our Site.
Governing law and jurisdiction
These Terms and Conditions are governed and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia. The State or Federal Courts located in New South Wales will have the exclusive jurisdiction to hear and determine any claims or disputes arising out of or relating to these Terms and Conditions.
Updating terms and conditions
We may amend, revise or update these Terms and Conditions by posting revised Terms and Conditions on our Site as and when we see fit. Your continued use of our Site constitutes acceptance of these revised Terms and Conditions.
Last update
These Terms and conditions were last updated on 7 May 2014.
Conflict
Where any conflict or contradiction appears between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of our Site shall prevail in respect of your use of the relevant section or module of our Site.
Waiver
No indulgence or extension of time which ITSA or a ITSA retail member store may grant to you will constitute a waiver of or limit any of the existing or future rights of ITSA or a ITSA retail member store in terms hereof, save in the event or to the extent that ITSA or a ITSA retail member store has signed a written document expressly waiving or limiting such rights.
Assignment
ITSA shall be entitled to assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
Severability
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be excised and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Contact information
If you have any queries, comments, or concerns regarding these Terms and Conditions, you may contact us via the ITSA website (Contact Us) or write to ITSA c/o PO Box 449, Wahroonga, NSW, 2076.