This page (together with the documents referred to on it, including any terms, notices or disclaimers) tells you the terms and conditions (“Terms“) on which you may make use of the Sophie Grace website. Please read these Terms carefully before you start to use the website.
By using the website, you are deemed to have understood, and confirm that you accept, these Terms and that you will abide by them. If you do not agree to these Terms, please refrain from using the website. Use of the website includes accessing, browsing or registering to use the website. If you have any questions relating to the Terms, please contact Sophie Grace directly.
Where any information contained on this website is available for download or copying, these Terms apply to such information as may be downloaded or copied.
Content of Website
Sophie Grace does not warrant that the functions contained in the website will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes such contents available are free of viruses or other harmful components.
The information contained on this website is provided by Sophie Grace in good faith. All materials (including third party information, products and content) included in or accessible from this website are provided on an “as is” basis and are subject to change at any time without notice to you.
Sophie Grace does not warrant or make any representations regarding the use or the results of the use of the contents on this site in terms of their correctness, accuracy, reliability, or otherwise.
To the fullest extent permitted by law, Sophie Grace excludes any representations, warranties or conditions, express or implied, statutory or otherwise, including but not limited to the warranties of condition, quality, merchantability and fitness for a particular purpose, and non-infringement of proprietary rights as to all contents (including third party information, products and content) included in or accessible from this website.
Sophie Grace, its related bodies corporate, directors, employees, contractors, consultants, shareholders do not provide any legal, compliance or other professional advice or services through the website. If you require advice, please contact Sophie Grace directly.
None of Sophie Grace, its related bodies corporate, directors, employees, contractors, consultants or shareholders shall be responsible or liable (including negligence) for any loss or damage caused or alleged to be caused, directly or indirectly, as a result of reliance by any person on any of the information or materials contained in or referred to in this website. You are encouraged to obtain independent professional advice for any problem, situation or occurrence particular to you or in relation to which you wish to rely upon.
Copyright and Other Intellectual Property Rights
All information, material, text and graphics (“Materials”) are the intellectual property of Sophie Grace unless stated otherwise.
Sophie Grace and/or any other owners of the Materials retain all right, title, interest and intellectual property rights in and to the Materials. Nothing in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right under any copyright, patent, trademark, database right, sui generis right or other intellectual property right or proprietary interest of Sophie Grace or any third party.
All other trademarks, service marks or logos contained on this website are the property of their respective owners.
You may download one copy of the information available on the website, where necessary, for use as a reference, research or study.
Sophie Grace licenses you to reproduce our website and Materials where:
- The reproduction is for private use only; and
- The work is clearly attributable to Sophie Grace.
You may not reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by process or otherwise exploit any part of the Materials for any commercial purpose without the prior written consent of Sophie Grace. The use of automated systems or software that is used to extract data or information from this website for commercial use is prohibited.
Prohibited Uses of the Website
The website must be used for personal use only. Any commercial use of this website or Materials without the prior written consent of Sophie Grace is prohibited.
You may not use the website or the materials in any way that breaches any applicable Australian or international law, order, directive, regulation or any similar restriction or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose, intent or effect nor to send, knowingly receive, upload, download, use or re-use any material which is contrary to Australian or International law.
You may not use the website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (commonly known as “spam”) or to knowingly transmit any data, or to send or upload any material that contains viruses, trojans, worms, logic bombs, spyware, adware or any other harmful programs or similar computer code designed to affect the operation of any computer software or hardware in any adverse way. Where you do, you agree to indemnify Sophie Grace for any losses, costs, expenses or damages that Sophie Grace may suffer as a result.
You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs, spyware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence and Sophie Grace will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.
Sophie Grace will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any material posted on it, or on any website linked to it.
You also agree that you will not access without authority, nor interfere with, damage or disrupt any part of the website or any equipment or network on which the website is stored, any software used in the provision of the website, or any equipment, network or software owned or used by any third party.
Sophie Grace does not warrant that the website will be secure or free from bugs or viruses and accept no liability for any damage that might result from the transmission or any bugs or viruses via the website. It is your responsibility to ensure that your information technology, programs and equipment are properly configured to enable you to access the website and that they have appropriate and up to date virus protection software installed.
Third Party Websites
This website contains hypertext links to other websites that are owned or operated by parties other than Sophie Grace and are included for your convenience only. Sophie Grace has no control over and is not responsible for, the content or availability of any such third-party websites. Inclusion on this website of a hypertext link or other link does not imply any recommendation or endorsement of the material or content on such websites by Sophie Grace, nor any association with their operators. Sophie Grace will not be responsible or liable, directly or indirectly, for any loss, cost, judgment, penalty, claim action, damage, expense or fees (including legal fees) caused or alleged to have been caused in connection with the use of, or reliance on, any content, goods or services available on such external websites.
Limitation of Liability
Liability limited by a scheme approved under Professional Standards Legislation.
None of Sophie Grace, its related bodies corporate, directors, employees, contractors, consultants or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), resulting from:
- Your use or your inability to use this website;
- Your reliance on any information or advice contained on this website or for the cost of procurement of substitute products or services resulting from any products or services purchased or obtained or messages received or transactions entered into through this website; and/or
- Unauthorised access to or alteration of your transmissions or data or of any information contained on your computer system or on this website including but not limited to damages for loss of profits, use, data or other intangibles, even if Sophie Grace has been advised of the possibility of such damages.
If anyone or more provisions of the Terms are held by a court to be contrary to law, then those provisions will be excluded, and the other provisions will remain in full force and effect. If Sophie Grace fails to exercise or enforce any rights or provisions of the Terms, this will not constitute a waiver of that right or provision unless Sophie Grace agrees in writing that it does so.
This website is established in Australia in accordance with the laws of Australia and will be governed by the laws of Australia. When you use the website, you accept that your use of the website, any information on the website and these Terms, will also be governed by the laws of Australia.
Any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Australia and the Australian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the website, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
For our Product Licence please refer to the Sophie Grace Shop Terms and Conditions.