Terms & Conditions
The Heritage Brands website, www.australiscosmetics.com.au, (the Site) is owned and operated by Heritage Brands (Australia) Pty Ltd (ACN 111 665 439) of 30 Bando Road, Springvale, Victoria, 3171, Australia ('Heritage Brands'). In this document 'you' refers to a user of the Site.
By accessing, browsing or using the Site, you agree to these terms and conditions as amended from time to time and acknowledge and agree that you have read and understood this document. By downloading any material on the Site you expressly agree to be bound by this document.
The content of the Site is provided for information purposes only. Heritage Brands has made all reasonable efforts to ensure that the information contained on the Site is accurate.
- However, you acknowledge that all information and material is provided to you on the basis that:
- All information provided by Heritage Brands is general information and is not advice.
- Heritage Brands makes no representation or warranty in relation to the reliability, content or accuracy of the information or material on the Site.
- Heritage Brands makes no commitment to update any information or material on the Site
- Heritage Brands may change information or material on the Site at any time, without notice.
- Heritage Brands makes no representation or warranty in relation to the content or accuracy of the information and material available on any linked web sites. Specifically, Heritage Brands makes no endorsement, approval or recommendation of the owners or operators of any linked web sites, or of any information or material referred to or contained on any linked web sites, unless and to the extent stated to the contrary.
- Heritage Brands is not responsible in any way for any linked web sites and for their content or any of their privacy practices.
- Any linked web sites are provided for convenience only and may not be accessible, current or maintained.
- Heritage Brands makes no representation or warranty that access to or use of the Site will be uninterrupted, secure or error free, or that the Site or any material on or accessible through the Site is free from errors or viruses.
- Heritage Brands is not liable for any loss or damage, howsoever caused, resulting from accessing the Site or any use of the information or material on or accessible through the Site (including any linked web sites), any action taken in reliance on such information or material or any inability to use such information or material or the omission of any information or material from the Site or any inaccuracy in any information or material.
You are responsible for assessing the accuracy, reliability and suitability of the information on or accessible through the Site (including any linked web sites) and accept all risks of loss, damage, costs and other expenses resulting from using the Site or any information or material on or accessible through the Site (including any linked web sites).
This document is not intended to limit or exclude any liability on Heritage Brands' part, where and to the extent that applicable law prohibits the exclusion or limitation.
General Compliance with Laws
You agree that you will only use the Site for lawful purposes.
You must comply with all laws, statutes, ordinances and regulations which apply to you in relation to your use of the Site.
Restrictions on Use
When accessing or using the Site you must not:
- use any device, software or routine to interfere or attempt to interfere with or disrupt
the proper working of the Site, servers or networks connected to the Site, any information or material on the Site or any activity conducted via the Site;
- take any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure; attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means; or
- access or attempt to access personal data about other users, including e-mail addresses.
Your Personal Information
While using the Site you may be given the opportunity to send e-mails to Heritage Brands or enter or provide information or material ('Content'). Any and all Content provided by you in connection with your use of the Site must be true and accurate. You must not misrepresent your identity or affiliation with any person or entity. You acknowledge that Heritage Brands may monitor the Site and take any action with respect to your Content as deemed reasonably necessary by Heritage Brands.
You agree that you will not provide personal information about another person to Heritage Brands unless:
- that other person is made aware of your provision of their personal information to Heritage Brands; and
- that other person authorises you to provide their personal information to Heritage Brands.
Acknowledgment of Risk
The world wide web exists across open public networks that may not be secure or private. You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
You must not establish links on any other site to the creativebrands.com.au URL or any other part or parts of the Site without Heritage Brands' prior written consent. Heritage Brands may withhold its written consent at its discretion.
If you would like to link to the Site, or be linked from the Site, please contact the Marketing Manager, Heritage Brands, 30 Bando Road, Springvale, VIC, 3171 and request to be signed up to our standard Linking Agreement.
All intellectual property in the Site, including its text, images, graphics, trade marks (whether registered or not), advertisements, arrangement and software on the Site (including where included in advertisements) is owned by Heritage Brands unless indicated otherwise.
The content of the Site may be viewed online by you and may be reproduced in hard copy only for your own personal, non-commercial and non-public use. You must not modify, copy, reproduce, republish, frame, distribute or otherwise communicate any text, images or software other than as expressly provided in these terms and conditions or by the Copyright Act 1968 (Commonwealth).
Limitation of Liability
You use any information provided on the Site, and any other linked to it, at your own risk. All information is provided 'as is' without any express warranties of any kind. Except for liability under the Trade Practices Act 1974 (Commonwealth) and any other legislation dealing with similar issues, Heritage Brands expressly disclaims any warranties or representations as to the accuracy or completeness of the contents of the Site, and expressly disclaims any implied warranties of merchantability or fitness for a particular purpose; and Heritage Brands will not be liable for loss or damages of any kind, including direct, indirect, consequential or special damages, lost profits, lost data, or loss of management time which may arise out of, or result from, reliance on or use of this information, whether or not caused by any negligent act or omission.
To the extent that Heritage Brands is able to limit the remedies available, this document expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (at Heritage Brands' option):
- in the case of goods: the replacement or repair of the goods, the supply of equivalent goods; the payment of the costs of replacing or repairing the goods or acquiring equivalent goods; and
- in the case of services: resupply of the services; or the payment of the cost of having the services resupplied.
You must continually indemnify Heritage Brands against any action, liability, claim, loss, damage, proceeding, expense and cost (including legal costs) ('Claim') suffered or incurred by Heritage Brands arising from, or which is directly or indirectly, related to your:
- breach or non-observance of any term or condition in this document; or
- violation of any applicable law.
This includes all Claims arising from any information which you provide to Heritage Brands in connection with your use of the Site. In relation to a Claim, Heritage Brands may require you to conduct the defence, at your cost, including negotiations for settlement or compromise prior to the institution of legal proceedings. You must comply with any requirement notified to you in accordance with this clause.
These terms and conditions are to be governed by and construed in accordance with the laws of the State of Victoria, Australia. All users of the Site irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
The provisions of this document are severable and if any provision of this document is held to be illegal, invalid or unenforceable, that provision or part is to be treated as removed from this document, but the rest of this document is not affected.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Heritage Brands' failure to act with respect to a breach of this document by you or by others does not waive its right to act with respect to subsequent or similar breaches.
This document may not be construed adversely to Heritage Brands solely because Heritage Brands prepared it.
If you do not accept these terms and conditions then you must not use the Site.