PLEASE READ THE DISCLAIMER AND THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
The information contained in this website is for general information purposes only and is provided by earthrose.com.au. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you may be able to link to other websites which are not under the control of earthrose.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, earthrose.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
This website and its contents are the copyright of Earthrose™ 2017. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.
WEBSITE TERMS AND CONDITIONS
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to earthrose.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
NO MEDICAL OR PERSONAL ADVICE
The information and any services we provide on and through this website is for general information purposes and is not a substitute for any professional or medical attention, treatment, examination, advice or diagnosis. It is not intended to provide a clinical diagnosis nor take the place of proper medical advice from a fully qualified medical practitioner. You are responsible for consulting a medical professional before using any of the information or materials contained on or accessed through our website, before commencing any new regimes, making alterations to your diet, trying any treatment or taking any course of action that may directly or indirectly affect your skin, health or well being.
You agree that some of our information may involve health or other personal and well-being management discussions or products. This information is solely for educational purposes, is not personal advice and should not replace discussions with qualified suitable healthcare professionals where relevant to their condition and should not be used to diagnose or replace any professional treatment or management of any particular existing condition. All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and you agree and acknowledge that any reliance on any information, discussions or recommendations accessed on or through our website is done at your own risk.
You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained on this website and all such liabilities are expressly disclaimed.
HEALTH AND ALLERGEN DISCLAIMER
Our products are all made with natural and organic ingredients. Any products you purchase through our website should be used as directed on the product container or packaging. As everyone has different skin, body and medical conditions which may react to an allergen at any given time, any product could cause a negative skin reaction or react differently to various treatments, even natural products. Actual results may vary.
Whilst we make every attempt to ensure that the labelling of any products supplied by the manufacturer accurately lists all of the ingredients used, we rely on the representations and warranties made by the manufacturer. If you have any sensitivities or allergies to any listed ingredients you should not consume or use these products. Should you develop any symptoms or allergic reactions, discontinue use immediately. We are not responsible if such a reaction should occur as a result of any consumer using our products.
Whilst we make every attempt to ensure that the ingredients listed for each product on earthrose.com.au is accurate, we make no guarantees and we do advise that you refer to the ingredients listed on the product when you receive it or to check with the manufacturer.
Remember, you should never use new products on broken or irritated skin and discontinue using any product that causes any of the following: redness, scaling, itching, burning, soreness, blisters, irritation or other similar reactions.
The information and any recipes or recommended diet advice contained in this website is for general information purposes only and is not meant to substitute individual personal and professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.
Ultimately it is the responsibility of the consumer to research product information. And if you are uncertain, check with your health or cosmetics practitioner prior to using any of our products.
This disclaimer does not seek to exclude any warranties implied by law which may not lawfully be excluded.
Our recommendations and information provided in our articles and on this website are based on our own experience and views. While we try our best to ensure that the information is accurate, sometimes it may not be suitable or correct for your particular circumstances or the products you may choose to purchase and use. Any comments, guidance, or information on this website is our own view and based on our experience. We hope you find it helpful but please be aware that it may not be suitable for your situation and you should not take anything on this website as personal advice. Information is offered in good faith and it is not specific to any one person or any personal circumstance.
We hope you understand that for this reason, we are not to be held liable for any decisions you make based on any of our services, guidance, information, views, or recommendations and any consequences, as a result, are your own.
No one associated with earthrose.com.au has any psychology, or other medical qualifications. We are not professionals and do not have any professional licenses. Any information should not be taken as advice.
The information shown and posted on this website or expressed by either the moderator or any other person is intended to be general information with respect to common life issues. Information is offered in good faith and it is not specific to any one person or any personal circumstance. It is the view of the persons posting only and is not intended to be taken as advice for you personally. The persons posting and providing the information are not professionals and should you require or need specific advice to your circumstances, you should consult a professional.
Any decisions or information on this website you decide to use, read or act upon is done at your own risk and you shall indemnify earthrose.com.au, its directors and employees for any and all claims whether resulting directly or indirectly from your actions.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and earthrose.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that earthrose.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), earthrose.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. In the rare event that goods are lost or arrive damaged, please contact us directly at email@example.com or 0403 560 423 to arrange a replacement. In the case of damaged goods, we request that you take a photograph and email it to us with the details, including proof of purchase, within 7 days to organise a replacement. Replacement of damaged or lost items is made at the discretion of earthrose.com.au.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
earthrose.com.au handles returns, and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you need to return your goods, please contact us within 7 days of purchase with a valid reason for return so that we can arrange a refund or credit. Only unopened goods in their original packaging will be considered for a refund. Return Shipping costs will be the responsibility of the customer and Shipping costs are non-refundable. Refunds will be processed promptly and payment made by the same method that you made payment. Sale items cannot be refunded or credited. All refunds and credits are made at the discretion of earthrose.com.au.
In the rare event that goods are faulty or arrive damaged, please contact us directly via email at firstname.lastname@example.org or 0403 560 423 to arrange a replacement. In the case of damaged goods, we request that you take a photograph and email it to us with the details, including proof of purchase, within 7 days, to organise a replacement. Replacement of damaged or lost items is made at the discretion of earthrose.com.au.
LINKS TO OTHER WEBSITES
earthrose.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between earthrose.com.au and the owners of those websites. earthrose.com.au takes no responsibility for any of the content found on the linked websites.
earthrose.com.au’s website may contain information or advertisements provided by third parties for which earthrose.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, earthrose.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. earthrose.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of earthrose.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. earthrose.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data earthrose.com.au collects is secured against unauthorised use or access. Credit card information is not stored by us on our servers.
earthrose.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
earthrose.com.au may be required, in certain circumstances, to disclose information in good faith and where earthrose.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of earthrose.com.au. earthrose.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then earthrose.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. earthrose.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
earthrose.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and earthrose.com.au concerning your use and access to earthrose.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and earthrose.com.au that results in litigation, then you must submit to the jurisdiction of the courts of NSW.