PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
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 Rubyellen.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
1. 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. 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 Rubyellen.com.au’s rights and obligations to each other.
2. LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Rubyellen.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. Your use of 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, business and 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.
3. 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), Rubyellen.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.
Deliveries are processed promptly upon receipt of full payment. This is usually the same day or the day after credit card payment is made. Please contact us immediately if there are any issues with delivery.
5. RETURNS AND REFUNDS
Rubyellen.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Please read our Returns Policy for further information.
6. LINKS TO OTHER WEBSITES
Rubyellen.com.au may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Rubyellen.com.au and the owners of those websites. Rubyellen.com.au takes no responsibility for any of the content found on the linked websites.
Rubyellen.com.au’s website may contain information provided by third parties for which Rubyellen.com.au accepts no responsibility whatsoever for 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, Rubyellen.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Rubyellen.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 our website or as to their correctness, suitability, accuracy, reliability, or otherwise.
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.
8. YOUR PRIVACY
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. Furthermore, all of the customer data Rubyellen.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
9. THIRD PARTIES
Rubyellen.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 us in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and our services but not for any other use.
10. DISCLOSE YOUR INFORMATION
Rubyellen.com.au may be required, in certain circumstances, to disclose information in good faith and where Rubyellen.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 Rubyellen.com.au, its customers or third parties.
11. EXCLUSION OF COMPETITORS
If you are in the business of creating similar goods or services for the purpose of providing them for a price to customers, whether they be business customers or domestic customers, then you are a competitor of Rubyellen.com.au. Rubyellen.com.au expressly excludes and does not permit you to use or access our website, to download any information from our website or obtain any information through a third party. If you breach this term then Rubyellen.com.au will hold you fully responsible for any loss that we might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Rubyellen.com.au reserves the right to exclude and not permit any person from using our website or any of the information contained on it.
12. 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 videos, documents, information or materials on the website for the purposes of sale or the use by any third party.
Rubyellen.com.au expressly reserves all copyright and trademark in our website and in all videos and information on our website and reserves 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.
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.
13. WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Rubyellen.com.au concerning your use and access to Rubyellen.com.au’s website and your use and access to the videos 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.
14. 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 Victoria and Australia. If there is a dispute between you and Rubyellen.com.au that results in litigation then you must submit to the jurisdiction of the courts of Victoria.
©2015 Ruby Ellen