Please take the time to read these Terms and Conditions. These Terms and Conditions govern the use of our website or such other internet address as we may determine from time to time (Website).
The Website is made available for your use on your acceptance and compliance with these Terms and Conditions. By using the Website and the products and information offered on our website, you agree to enter into these Terms and Conditions with Lush Plants Australia (us, we, our).
If you purchase products through our Website, there will be additional Terms and Conditions relating to the purchase. Please make sure you agree with these Terms and Conditions, which you will be directed to read prior to making your purchase. The information contained on this Website should not take the place of professional advice.
Accuracy of content
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, from time to time, these Terms and Conditions may change. You can find the current terms and conditions at any time on at our Website Terms & Conditions. Please check our Website regularly so you are aware of any changes.
You agree that your use of our Website, including use related to posting or uploading any information or material on our Website:
(a) contains information and facts that are true and accurate;
(b) does not contain anything that is unlawful, defamatory, harassing, abusive, fraudulent, obscene or in any other way inappropriate;
(c) does not infringe the rights (including Intellectual Property Rights) of any person; and
(d) complies with all laws and regulations.
You warrant that you have all the necessary rights and permissions to upload or otherwise make content available on our Website service. You agree to indemnify us on demand for any loss suffered by us in breach of this warranty or for breach of any of the above user responsibilities.
We reserve the right at any time to:
(e) modify or terminate any aspect of the Website service to anyone without notice or reason;
(f) suspend, refuse or limit your access to the Website Service; and
(g) refuse to publish any comments you make and/or remove them from the Website and delete or disable any user account.
Passwords and logins
You are responsible for maintaining the security and confidentiality of your username password (the Login Details) for all activities carried out under your Login Details. You must keep your Login Details secure from unauthorised access, use or modification.
If you experience any issues accessing your account, or have any questions in relation to our Website service, you can contact us by filling out our cotnact page form. If you suspect your account has been accessed without authorisation, please notify us and immediately change your Login Details.
Intellectual property rights
We own all Intellectual Property Rights in respect of the Website and all related content.
For the purposes of these Terms and Conditions, “Intellectual Property Rights” means all intellectual or industrial property rights anywhere in the world, whether existing now or in the future, or whether registered or unregistered, including rights in respect of: patents, inventions, designs, trade marks, copyright, databases and compilations, moral rights, topography rights, domain names, and trade and business names, including the benefit of all registrations and applications to register any of them; and all trade secret, confidentiality and other proprietary rights, including all rights to know-how and other technical information. This includes any uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the products.
You must not copy, modify, adapt, translate, prepare derivative works from or reverse engineer any part of our Website content, or authorise, allow or provide the means for others to do any of these things, unless expressly agreed to by us, in which case we may require you to sign a Licence Agreement. If you wish to use content, images or other of our intellectual property, you should submit your request to us at our contact page.
You grant us a non-exclusive, worldwide, royalty free licence to store, reproduce and communicate all uploaded content for the purpose of providing our Website service.
Links to external websites
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Where you disclose any personal information to us (through using the Website), you warrant that you have the express written consent of the relevant individual, or are otherwise authorised by law, to disclose that Personal Information to us. You agree to indemnify us on demand for any loss suffered by us or you for breach of this warranty.
Disclaimer of Warranties and Limitation of Liability
All express and implied terms, conditions, warranties and guarantees which otherwise might apply to, or arise out of, this document are excluded other than:
(a) as expressly stated in these Terms and Conditions; and
(b) guarantees which by law cannot be excluded or modified by agreement including those under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
If we are liable for a breach of guarantee implied by law and that liability cannot be excluded by law but can be limited, our liability is, to the fullest extent permitted by law, limited to the following (at our option):
(a) supplying the products or services again; or
(b) payment of the cost of having the products or services supplied again.
Subject to the liability position stated above, the Website service and any content available on the Website are provided on an “as is” and “as available” basis. We do not guarantee that the Website service, its related content or any linked site will always be available or be uninterrupted, complete, timely, secure, accurate, reliable or free from errors and omissions or computer viruses.
You understand and agree that your use of the Website service is at your own discretion and risk and that you will be solely responsible for any damage or loss whatsoever that results from such use.
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Products. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.
These terms and conditions are governed by and construed in accordance with the laws of Victoria (VIC), Australia, and you submit to the exclusive jurisdiction of the courts of VIC and the courts of appeal from them. Any disputes concerning this website are to be resolved by the courts having jurisdiction in VIC.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
We may assign or novate these Terms and Conditions to any other person on written notice to you. You must not assign, novate or sub-license any of your rights or obligations under these Terms and Conditions to any person without our prior written consent. Any purported dealing in breach of this prohibition is void and of no effect.
In the event that any part of these Terms and Conditions are void, voidable, illegal or otherwise unenforceable, it may be severed and the remaining provisions of these terms and conditions will remain in full force and effect.
If You have a questions, comments with respect to the Service or this document, please direct contact us by completing our form on our contact page.
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