Website Terms and Conditions

WEBSITE TERMS AND CONDITIONS

Last Updated: 1 June 2024

1. GENERAL

(a) The Heatherbrae1854 website, located at www.heatherbrae1854.com ("Website"), is owned, controlled and operated by Heatherbrae1854 Pty Ltd (ACN: 669 659 161) ("Heatherbrae1854", "we" ,our", and/or us).

(b) As a condition of using our Website, you agree to the following terms and conditions ("Terms") and to be legally bound by these Terms.

(d) We have the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website you agree to be governed by the Terms as varied from time to time.

2. PURPOSE OF WEBSITE

The purpose of this Website is to provide you with the opportunity to learn more about our business, our goods and services and our work.

3. RELIANCE

The Website has been created to provide general information to users. Whilst we will make every effort to provide you with up-to-date information, we do not guarantee the accuracy, completeness, reliability or timeliness of the Website or any reports or services provided through it, and we are not obliged to update the Website or correct any inaccuracies, which may become known to us.

4. PROHIBITED ACTS

You must not access or use the Website:

(a) in a way that violates these Terms;

(b) for unlawful activities or purposes;

(d) in a way that violates any applicable law (including, without limitation, applicable privacy laws); or

(e) in a way that infringes the rights (including the intellectual property rights) of any other person.

5. INTELLECTUAL PROPERTY

(a) Heatherbrae1854 has an exclusive licence to use the trade mark ‘HEATHERBRAE1854’, which is owned by Heatherbrae1854 Pty Ltd. Other product and company names displayed on the Website may also be trade marks of their respective owners.

(b) We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained on the Website ("Content").

(c) You may browse and print any Content for personal, informational and non-commercial purposes only. All other uses are strictly prohibited. You must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose.

6. AFFILIATE PARTNERSHIP DISCLOSURE

(a) Where Heatherbrae1854 promotes or otherwise refers to the goods or services of third parties ("Brands") on our Website, this may be as part of a commercial affiliate relationship between Heatherbrae1854 and the relevant Brand ("Affiliate Partnership").

(b) Where Heatherbrae1854 has an Affiliate Partnership with a Brand, we may receive a commission or other benefit when you purchase goods or services from that Brand using an Affiliate Link or Affiliate Code.

(d) "Affiliate Link" means a link on our Website that redirects you to a Brand’s website.

(e) "Affiliate Code" means a code on our Website that can be used when purchasing goods or services from a Brand.

7. PRIVACY

(a) We value the protection and transparent management of your personal information.

(b) We agree to handle personal information submitted to us via the Website in accordance with our Privacy Notice found here.

8. THIRD PARTY LINKS

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided via those links. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

9. AUSTRALIAN CONSUMER LAW

Nothing in these Terms will override your rights as a Consumer under the Australian Consumer Law or otherwise at law.

10. LIMITATION OF LIABILITY

Subject to clause 9, and to the extent permitted by law:

(a) Your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or the Content;

(b) We do not make any representations, warranties or guarantees in relation to the supply of services by Heatherbrae1854 via the Website; and

(c) We disclaim all liability in connection with any loss and/or damage arising out of or in connection with any use of, or reliance on, the Website.

11. INDEMNITY

You agree to indemnify and hold us (and our officers, employees and other representatives) harmless from all loss and any claims (on a full indemnity basis) suffered by you due to or arising out of, or in any way, connected to you breaching the Terms.

12. GOVERNING LAW

(a) The Terms are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia and you agree that the courts of the State of Victoria, Australia will exclusively adjudicate over any dispute in relation to these Terms.

(b) If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.

(c) This Website may be accessed from outside Australia. We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.