terms and conditions
terms and conditions
Welcome to our website www.covesydney.com.au
This website (“website”) is provided to you under these "Terms and Conditions" and any amendments or supplements to them (collectively referred to as this "Agreement") that may be posted by Cove Sydney or one of its affiliated companies (collectively, “Site Owner,” "we", "us") from time to time. Your use of this Website, or any other services or content provided through the Website, shall be deemed to constitute your consent to be legally bound by the terms and conditions of the Agreement, which shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept any of the terms and conditions in the Agreement, we ask that you not access or use the Website or post or submit any materials on it.
Website Intended Audience
This Website is intended for and directed to residents of Australia.
The information including any advice and recommendations on the website is intended solely as a personal education only. We do not provide medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always see your doctor or other qualified healthcare practitioner concerning your treatment options. We do not give any assurances, and will not be responsible for, any damage or loss related to the inaccuracy, incompleteness, or lack of timeliness of the information on the website. The information on this website does not replace the advice of your doctor or health care practitioner.
You understand that the Website is available for your personal, non-commercial use only. You agree that the Website is the property of the Site Owner; including all intellectual property rights in it and that you have no right to use them other than as set out in these Terms and Conditions. You may not copy, change or reuse the Website, any updates to it or any part of it including the software incorporated in it.
Privacy and Consent to Use Data
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to applicable privacy laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Storage of User Content
We may impose a maximum amount of storage for User Content on the Website. We are not responsible for any loss or harm you may suffer as a result of any deletion or failure to store any messages, communications or other User Content associated with maintaining the maximum amount of storage.
Disclaimers and Limitations of Liability
The website is provided on an “as is”, “as available” basis and without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement.
We shall not be liable for any special, incidental or consequential damages, including, without limitation, lost revenues, lost profits or loss of prospective economic advantage, resulting from the use or misuse of our website or applications, or the information, documents, or software therein, even if we have been advised of the possibility of such damages, or for any claim by another party.
Site owner does not make any warranty that the website will meet your requirements, or that access to the website will be uninterrupted, timely, secure, or error-free, or free of viruses or that defects, if any, will be corrected. Site owner makes no warranties as to the results that may be obtained from the use of the website or as to the accuracy, quality, or reliability of any information obtained through the website.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
You agree that you hereby release Cove Sydney, its affiliates, advertisers, suppliers, distributors and others from any and all liability or obligations arising from the access or use of our sites or applications or any products sold or promoted on them. Your sole remedy for any problem or concern is to exit our sites or applications. Cove Sydney reserves the right to restrict or limit access to our sites and applications.
The trademarks and brand names displayed on this Website are the property of the Site Owner, its affiliates or third party owners. You may not use or display any trademarks or service marks owned by Site Owner without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.
Australian Certified Toxic-Free ® (Toxic-Free tick logo) 01770768 and Safe Cosmetics Australia, The Toxic-Free Campaign ® (Campaign Banner) 1491739, and Made Safe ® 1780633 and any variation of the "Trademarks" is a registered trademark in Australia, and is an endorsement used under license from the proprietor, Safe Cosmetics Australia owned by Organic Brands Pty Limited.
Modification or Suspension of the Website
We will make reasonable efforts to make the Website available but we may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently the Website or parts of it without notice. We will not be responsible for any harm or loss you may suffer as a result of such actions.
We may at any time terminate your use of or access to the Website and may delete any or all of your User Content without prior notice if we have a good reason to do so which includes any breach by you of these Terms and Conditions and any community guidelines. We will not be responsible for any loss or harm you may suffer as a result of termination of your use of the Website in these circumstances. In the event of any termination you must stop using the Website and you agree that the provisions of the Agreement regarding Ownership, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.
Links to Third Party Sites
The links and frames connecting this site with other sites are for convenience only and Cove Sydney is not responsible for any of the information they provide, and does not endorse or approve those other sites, their content or the people who run them.
You agree to indemnify and hold harmless Site Owner and its affiliates and their respective directors, officers, employees, agents, or other representatives from and against all claims, suits, liability, actions, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions; (b) your use of this Website including without limitation transmission or placement of information or material by you on this Website; and (c) any claim or allegation that any of your User Content infringes the intellectual property or other proprietary rights, or privacy rights, of any third party.
Modifications to these Terms and Conditions
We may make changes to these Terms and Conditions from time to time in our sole discretion, by updating these Terms and Conditions on this Website, and specifying the effective date of the new version of the Terms and Conditions. The “Last Modified” date at the bottom of these Terms and Conditions will indicate when the latest changes were made. Your continued use of the Website following the posting of a new version of the Terms and Conditions will be deemed to be your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of the Agreement has been posted.
Severability of Agreement
Should any part or provision of these Terms and Conditions be held unlawful, void, invalid, or unenforceable that portion shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
All Sections shall survive the termination of the right to use the Website.
Applicable Law and Jurisdiction
The information on the Website is intended only for use by residents of Australia. Other countries may have laws, regulatory requirements, or medical practices that differ from those in Australia. The Agreement and the resolution of any dispute related to the Agreement, the Website, or items you purchase through the Website, and any non-contractual obligations arising out of or in connection with these Terms and Conditions, shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Site Owner and you related to the Agreement shall be brought exclusively in the courts of the State of New South Wales and of the Commonwealth of Australia, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Last Updated: January 2018