Terms of use
Access to, and use of, this website is subject to you agreeing to the following Terms of Use. If you do not agree, you must not use this website.
Terminology
In these Terms of Use, references to:
- 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.
Specific warnings
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:
that:
(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.
Alternative terms may apply to purchases of goods or services, and to specific portions or features of the Website including promotions or other similar features. If alternative terms apply to a purchase of goods or services, or to a specific portion or feature of the Website, our obligations (if any) are governed by those alternative terms, and nothing in these Terms of Use should be construed to alter those alternative terms.
You must ensure that your access to the Website is not illegal and/or prohibited by laws that apply to you.
Security
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.
If we provide you with any password and/or account, you agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. we reserve the right to remove your account, and/or your username or similar identifier in respect of your account, if you breach these Terms of Use or any other applicable terms, use your account in a manner which is illegal, offensive and/or not in conformity with accepted standards of public decency and good taste, prejudice the operation of the Website in any way, or for any other reason in our discretion.
Intellectual property rights
Intellectual property rights in the Website are owned and/or licensed by us. Subject to anything to the contrary expressly stated in these Terms of Use (or to you making an express agreement with us separately), we do not grant you any right to use any intellectual property used in, on or by the Website in any way.
Linking
Subject to your observance of these Terms of Use, we grant you a revocable, non-transferable and non-exclusive right to provide Links to the Website.
In consideration of being granted permission to access and use the Website and any other rights granted to you by these Terms of Use, you undertake:
- not to copy, reproduce, translate, adapt, vary and/or modify any information accessible on or via the Website (Material) without our express consent, except as expressly authorised by these Terms of Use; and
- 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;
(j) to ensure your employees, contractors and/or other agents who have authorised access to the Material are made aware of, and comply with, these Terms of Use;
(k) to supervise and control the use of Material in accordance with these Terms of Use; and
(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.
Disclaimer
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;
2. any condition, warranty, guarantee, right or liability which would otherwise be implied into these Terms of Use, or otherwise imposed or provided for by legislation in connection with your use of the Website, is excluded; and
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:
(a) any breach of these Terms of Use;
(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:
(a) any breach by you of these Terms of Use;
(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.
Amendments to Terms of Use
We reserve the right to amend these Terms of Use from time to time. Amendments to these Terms of Use will be effective immediately upon posting on the Website, although amendments to the Terms of Use will not apply to any of your dealings or transactions which occur before the earlier of:
(a) you are notified about the change to the Terms of Use; and
(b) the first time you access the Website after the amendments are made.
Your continued use of the Website, and/or any rights granted to you by the Terms of Use, after that will represent your agreement to be bound by the Terms of Use as amended.
Note that any amendments to the Terms of Use will not apply to any order we have already accepted, which will remain subject to the terms agreed in respect of the order.
Termination of access
Access to the Website may be terminated at any time by us without notice if you breach these Terms of Use or any other applicable terms, use the Website in any manner which is illegal, offensive and/or not in conformity with accepted standards of public decency and good taste, prejudice the operation of the Website in any way, or for any other reason in our discretion.
The provisions of these Terms of Use that by their nature are capable of surviving the termination of access to the Website, including the disclaimer and the release and indemnity, will nevertheless survive any such termination. Termination of access to the Website will be without prejudice to any accrued rights or obligations.
General
You agree we are not liable for any failure to comply with these Terms of Use where that failure is due to circumstances beyond our control.
If we waive any rights available to us under these Terms of Use on any occasion, that does not mean that those rights are, or will be, waived on any other occasion.
If any part/s of these Terms of Use is/are held to be invalid, unenforceable and/or illegal for any reason, the remaining part/s of these Terms of Use will nevertheless continue with full force.
Governing law
These Terms of Use will be governed by, and construed according to, the laws of the State of Queensland and the Commonwealth of Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Queensland and the Commonwealth of Australia.