SPICES TERMS OF USE
Spices Pty Ltd ACN 26 073 693 768 (Spices) provides website features and other products and services to you when you visit or shop at www.charmainesolomon.com .
These terms and conditions, together with the Spices’ Privacy Policy, Spices’ Standard Terms of Sale and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Spices’ Website (Terms) govern your use of and access to Spices’ Website.
We may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Spices’ Website. Your subsequent or continued use of the Spices’ Website will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Spices’ Website.
These Terms were last updated in March 2019.
Spices’ Website
While we use reasonable endeavours to ensure that Spices’ Website is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the Spices’ Website will be suspended without notice in the case of a system failure, maintenance or repair or any reason beyond our control.
We reserve the right to change or discontinue this Spices’ Website or any part thereof at any time.
We reserve the right to change the pricing of any chargeable service or goods on the Spices’ Website at any time without providing notice to you.
Your conduct
You must not:
a. use the Spices’ Website in breach of any applicable laws or regulations;
b. use the Spices’ Website:
§ to transmit, or authorise the transmission of, ‘junk mail,’ ‘chain letters’, unsolicited emails, instant messaging, ‘spimming’ or ‘spamming.’
§ to impersonate any person or entity;
§ to solicit money, passwords or personal information of any person;
§ to harm, abuse, harass, stalk, threaten or otherwise offend others; or
§ for any unlawful purpose.
c. use the Spices’ Website to upload, post, transmit or otherwise make available, any Material that:
§ is not your original work, or which in any way violates or infringes, or could reasonably be expected to violate or infringe, the intellectual property right or other right of another person;
§ contains promotes, or provides information about unlawful activities or conduct;
§ is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
§ exploits another person in any manner;
§ contains nudity, excessive violence, or sexual acts or references;
§ includes an image or personal information of another person or persons unless you have their consent;
§ poses or creates a privacy or security risk to any person;
§ you know or suspect, or ought reasonably to have known or suspected, to be false, misleading or deceptive;
§ contains large amounts of untargeted, unwanted or repetitive content;
§ contains restricted or password only access pages, or hidden content;
§ contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
§ advertises, promotes or solicits any goods or services or commercial activities, except where expressly permitted or authorised by us; or
§ contains financial, legal, medical or other professional advice;
d. interfere with, disrupt or create an undue burden on the Spices’ Website;
e. use any robot, spider or other device or process to retrieve, index or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Spices’ Website;
f. use the Spices’ Website with the assistance of any automated scripting tool or software;
g. frame or mirror any part of the Spices’ Website without our prior authorisation;
h. use code or other devices containing any reference to the Spices’ Website to direct other persons to any other web page;
i. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Spices’ Website or cause any other person to do so; or
j. delete any attributions or legal or proprietary notice on the Spices’ Website.
Your material
By uploading, transmitting, posting or otherwise making available any Material via the Spices’ website, you:
a. grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
b. grant each user of the Spices’ Website a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Terms;
c. warrant that you have the right to grant the abovementioned licences;
d. warrant the Material does not breach the Terms; and
e. unconditionally waive all moral rights, as defined by the Copyright Act 1968, which you may have in respect of the Material.
We reserve the right, but have no obligation, to:
§ review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available, or attempt to upload, post, transmit or otherwise make available, that in our opinion violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
§ monitor use of the Spices’ Website, and store or disclose any information we collect, including in order to investigate compliance with these Terms or for the purpose of any police investigation or government request.
We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Spices’ Website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Spices’ Website simply by facilitating others to post, transmit or otherwise make Material available. We also do not endorse any opinion, advice or statement made by any person other than us.
Notifying Us
If you think that the Spices’ Website has been accessed or used by another user in breach of these Terms, please email us at info@charmainesolomon.com. We will consider whether there are grounds for taking any action, but you will not necessarily be contacted as to our decision.
If you wish to send us a copyright infringement notification, you will need to identify the Materials that you believe infringe your copyright, identify each copyright protected work in which you own the rights and which you believe has been or is being infringed and include your contact information. You will need to sign the notice and send it to info@charmainesolomon.com.
Intellectual Property
You do not have any right, title or interest in or to any proprietary rights relating to the Spices’ Website and any content thereon.
The Spices’ Website contains Material that is protected by copyright, trade mark and other laws. Unless expressly provided otherwise you may not reproduce or display the Material on the Spices’ Website. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the Material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written approval or where applicable, the written approval of our licensor.
In particular you may not use the Material on the Spices’ Website to establish, maintain or provide, or assist in establishing, maintaining providing your own publications, Internet site or other means of distribution.
Nothing displayed on the Spices’ Website should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Spices’ Website.
Third party websites, advertising and activities
We may feature or display links and pointers to websites operated by the third parties on the Spices’ Website. Such websites do not form part of the Spices’ Website and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Spices’ Website entirely at your own risk.
You must not link to the Spices’ Website from any other website or authorise any other person to link from a third-party website to the Spices’ Website, without our prior written consent.
The Spices’ Website may feature or display third party advertising. By featuring or displaying third party advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
If you contact a third-party using functionality provided on the Spices’ Website, including via email, we do not accept any responsibility for any communications or transactions between you and the relevant third-party.
From time to time we may promote, advertise, or even sponsor events, offers, competitions or other activities that may be conducted offline and may be conducted by third-parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third-party.
Disclaimer
You use the Spices’ Website at your sole risk.
Material on the Spices’ Website is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own enquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
We do not make any representation or warranty that any Material on the Spices’ Website will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
We will not be liable for any loss resulting from any action or decision by you in reliance on the Material on the Spices’ Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
Acknowledgment: You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Spices’ Website in any circumstance.
Limitation of Liability
You use the Spices’ Website at your sole risk.
To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Spices’ Website that are not expressly set out in these Terms.
To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:
a. in the case of services supplied or offered by us:
i. the re-supply of those services; or
ii. the payment of the cost of having those services re-supplied; and
b. in the case of goods supplied or offered by us the replacement of the goods or the supply of equivalent goods.
In relation to any express warranty or condition set out in the Terms in connection with goods or services supplied or offered by us via the Spices’ Website, our liability to you will be limited to the amount paid by you, if any, in respect of those goods or services.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential damages, including loss of profits, revenue, production, goodwill, data or opportunity, of whatever nature howsoever arising in connection with the Spices’ website.
Indemnity
You agree to fully indemnify us against any expenses, costs, loss, including consequential loss, or damage that we may suffer or incur as a result of or in connection your use of, access to or conduct in connection with the Spices’ Website, including any breach by you of the Terms.
Severability
If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provision of the Terms, which will remain in full force and effect.
No waiver
If you breach these Terms and we take no action to enforce rectification of that breach, we will still be entitled to use our rights and remedies set out in these Terms in any other situation where you breach these Terms.
Adults to use this site
By using the Spices’ Website, you affirm you are 18 years or over or otherwise possess legal parental or guardian consent.
Applicable Law
The laws of New South Wales, Australia govern these Terms and any dispute of any sort that might arise between you and us. Any dispute relating in any way to these Terms will only be adjudicated in the courts of New South Wales, Australia. Each party consents to the exclusive jurisdiction and venue of these courts.
Definitions
Spices’ Website means this website regardless of how it is accessed by users whether by Internet, mobile phone or any other device.
Material means text, illustrations, photos, audio, video and/or any combination of these or other materials.
Us, we, our means Spices Pty Ltd ABN 26 073 693 768