- we, us and our refer to Emma Bowes trading as Honestly Emma;
- Link means a hyperlink, using any mechanism, from a location to another location on the internet; and
- Website means the website located at www.honestlyemma.com.au.
You must take your own precautions to ensure that the equipment and processes you employ to access and use the Website do not expose you to the risk of viruses, malicious computer code and/or other forms of interference that may damage your computer system.
You must not:
- upload anything to the Website; and/or
- provide Links to the Website from any website that contains content:
(a) could subject us to an action for breach of any law, including any action for defamation and/or intellectual property rights infringement; and/or
(b) is not in conformity with accepted standards of public decency and good taste.
While we have no reason to believe that any information contained on the Website is inaccurate, we do not warrant the accuracy, adequacy and/or completeness of that information, nor do we undertake to keep the Website updated. The Website provides general information only, and is not intended to provide a solution to any specific problem or to any particular situation relevant to you, or otherwise to be relied on for any purpose. You should obtain professional advice before relying on any information on the Website.
Responsibility for the content of any third party advertisements appearing on the Website, and for the content on Linked advertisers’ websites, rests solely with the advertisers. The inclusion of advertisements, or Links to advertisers’ websites, on the Website does not constitute a recommendation and/or endorsement by us of the advertisers’ goods and/or services. Also, any representations made in connection with an advertisement are made by the advertiser. We do not warrant the accuracy of representations made in connection with an advertisement, and you should check the accuracy of representations before relying on them.
We may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. However, such changes will not apply to any order we have already accepted, which will remain subject to the terms agreed in respect of the order.
You must ensure that your access to the Website is not illegal and/or prohibited by laws that apply to you.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect the information in such transmissions, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
Intellectual property rights
- in respect of your use of any Material:
(a) not to bring us, our related bodies corporate, our goods, our services and/or our employees into disrepute;
(b) not to use any Link to a webpage or internet location that is part of the Website other than a Link to the home page of the Website;
(c) to use Links to Material which operate correctly to enable a user of the Link to access the Material;
(d) not to use the Material in a manner that gives the impression and/or represents that any person, organisation and/or event is in any way related to, sponsored by and/or affiliated with us;
(e) not to use any method or mechanism of Linking which results in Material appearing to be:
i. part of the website containing the Link; and/or
ii. not part of the Website;
(f) not to use any process by which a webpage containing Material will be returned in the search engine results when a search is conducted for a competitor’s brand and/or identity, or vice versa;
(g) to use Material in the form in which it is provided;
(h) not to alter, amend, redraw, distort, animate and/or tamper with any of the Material in any way;
(i) to retain any copyright and/or trade mark symbols that appear in the Material;
(l) to comply, within a reasonable time, with any demand or request by us in relation to your use of Material.
The Website may contain Links to other websites. Those Links are provided for convenience only and may not remain current. Also, those other websites may not be maintained and/or kept up to date.
We are not responsible for the content, privacy practices and/or other activities of Linked websites. Our Links to Linked websites do not represent, and are not to be construed as, an endorsement, approval and/or recommendation by us of the owners and/or operators of those Linked websites, or of any information, graphics, materials, goods or services referred to on or contained in those Linked websites, unless and to the extent expressly stipulated to the contrary.
To the extent permitted by law:
1. we are not liable to you, or anyone (including any body corporate) you represent, for any loss of profits, revenue, data, opportunity, goodwill or anticipatory profits, loss in connection with business interruption, indirect or consequential loss, loss of any other nature, and/or cost (including legal cost) which you may directly and/or indirectly suffer and/or incur in connection with your use of and/or reliance on:
(a) the Website;
(b) any Linked website; and/or
(c) information accessed at and/or through the Website and/or any Linked website,
arising in the ordinary and/or reasonable operation of the Website and/or any Linked website, and/or due to any inadvertent error, malfunction, circumstances beyond our reasonable control, negligence, wilful misconduct and/or any other cause;
3. where legislation:
(a) implies or otherwise imposes or provides for any condition, warranty, guarantee and/or right; and
(b) prohibits us from excluding and/or modifying the application of, and/or excluding our liability under, that condition, warranty or guarantee,
that condition and/or warranty is deemed to be included, but our liability for a breach of that condition, warranty, guarantee and/or right is limited to (at our option, unless the law provides that is not permissible):
(c) if, and to the extent, the breach relates to goods:
i. replacement of the goods or the supply of equivalent goods;
ii. repair of the goods;
iii. payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. payment of the cost of having the goods repaired; and
(d) if, and to the extent, the breach relates to services:
i. supply of the services again; or
ii. payment of the cost of having the services supplied again.
Release and indemnity
To the extent permitted by law, you release us and our employees, related bodies corporate, agents and contractors from all actions, claims, demands and liability directly and/or indirectly suffered and/or incurred as a result of:
(b) your use of the Website and/or our content; and/or
(c) your use of Links to our content,
arising in the ordinary and/or reasonable operation of the Website and/or any Link, and/or due to any inadvertent error, malfunction, circumstances beyond our reasonable control, negligence, wilful misconduct and/or any other cause.
To the extent permitted by law, you indemnify us and our employees, related bodies corporate, agents and contractors from and against all actions, claims, demands, loss of profits, revenue, data, opportunity, goodwill or anticipatory profits, loss in connection with business interruption, indirect or consequential loss, loss of any other nature, and/or cost (including legal cost), directly and/or indirectly suffered and/or incurred as a result of:
(b) your use of the Website and/or our content; and/or
(c) your use of Links to the Website and/or our content,
whether or not legal proceedings are instituted, and irrespective of the means, manner and/or nature of any settlement, compromise and/or determination.
(b) the first time you access the Website after the amendments are made.
Termination of access