1.1 "Goods" shall mean any and all Goods and/or services supplied by Peggy SUE CO to you from time to time and includes any advice or recommendations, and as may be described on any invoice, quotation, work authorisation or any other order forms as providedPEGGY SUE CO to you.
1. 2. "PEGGY SUE CO" shall mean Peggy Sue Soaps Pty Ltd (ACN 637 042 061)its Related Entities, its successors and assigns or any person acting on behalf of and with the authority of Peggy Sue Soaps Pty Ltd or its Related Entities.
1. 3. "Intellectual Property" any material displayed, including without limitation all editorial materials, blogs, plans, documents, resources, information, photographs, illustrations, artwork, other graphic materials, names, logos, and trademarks.
1. 4. "Related Entities" has the same meaning as set out in section 9 of theCorporations Act 2001(Cth).
2. Content and Access
2. 1. PEGGY SUE CO endeavours to take reasonable care in preparing and maintaining the information on this Website.
2. 2. PEGGY SUE CO does not warrant the accuracy, reliability, adequacy, or completeness of any of the website content.
2. 3. You acknowledge and accept that:
the website content may include technical inaccuracies and typographical errors (including, but not limited to, matters concerning product descriptions, images, and product title).PEGGY SUE CO does not guarantee that access to the Peggy SUE CO website will be uninterrupted or that the Website is free from viruses or anything else which may damage any computer which accesses the Website or any data on such a computer. it is your responsibility to enquire with Peggy SUE CO directly to ensure the accuracy and currency of the material or information you seek to rely upon. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.If you enter into an agreement with Peggy SUE CO for the provision of Goods, that agreement is governed by Peggy SUE CO's Terms and Conditions of Sale as applicable from time to time. You have the sole responsibility for protecting the confidentiality of your account details. Use of your password by any other person may result in the immediate cancellation of your account with Peggy SUE CO, including an order for Goods;You will immediately notify Peggy SUE CO of any unauthorised use of your password or email address or any breach of security of which you have become aware;Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of purchasing Goods;
You will not use the Goods or Website for any illegal and/or unauthorised use which includes collecting email addresses of any other customer or user by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
2. 4. To the extent permitted by law, including the competition and Consumer Act 2010 (Cth), PEGGY SUE CO disclaims all liability for loss directly or indirectly arising from your use of or reliance on the Website and the website content.
2. 5. You must not attempt to change, add to, remove, deface, hack, or otherwise interfere with this Website or any material or content displayed on the Peggy SUE CO website.
3. 1. In order to purchase Goods through the Website you may:
a. create a PEGGY SUE CO account and register as a user of the Website; or
b. use a guest checkout account.
3. 2. When creating an account, you may be required to provide personal information about yourself, including but not limited to:
- Postal and Email addresses
- Preferred username and password
- Date of birth
- Telephone number
- Payment information;
- Transaction information
3. 3. You warrant that any information you give to PEGGY SUE CO in the course of completing the registration process will always be accurate, correct, and up to date.
3. 4. By creating a registered or guest account, you agree to be bound by these Terms and Conditions of Use and Peggy SUE CO's Terms and Conditions of Sale.
3. 5. You may not create an account with Peggy SUE CO if:
a. you are not of legal age to form a binding contract with Peggy SUE CO; or
b. you are a person barred from receiving the Goods under the laws of Australia or other countries, including the country in which you are resident or from which you use the Goods.
4. Intellectual Property
4. 1. All Intellectual Property is and at all times remains the property of Peggy SUE CO.
4. 2. All Intellectual Property is protected by copyright, trademarks, and intellectual property legislation.
4. 3. Any such content may be displayed and printed solely for your personal, non-commercial use provided that any copyright notice on such a display or page is not removed.
4. 4. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material to any third party without the express prior written consent of Peggy SUE CO.
4. 5. Unless expressly granted, PEGGY SUE CO does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Intellectual Property or in the user interface of the Website.
5. Privacy Act 1988 (Cth)
5. 2. Any information Peggy SUE CO collects in relation to you, is kept strictly secured. PEGGY SUE CO does not pass on/sell/swap any of your personal details with anyone unless authorised or required to deliver Goods. PEGGY SUE CO use this information to identify your orders or enquiries, provide you with a newsletter (if applicable) and to personalise your shopping experience with Peggy SUE CO.
6. Confidentiality and Non-Disclosure
6. 1. Subject to Clause 5, any material you send to us on or via the PEGGY SUE CO website will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas, or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.
7. 1. Use ofPEGGY SUE CO's Website and any Goods is at your own risk.
7. 2. Content on the PEGGY SUE CO Website is provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of PEGGY SUE CO make any express or implied representation or warranty about its content or the Goods. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b. the accuracy, suitability, or currency of any information on PEGGY SUE CO's Website or the Goods (including third party material and advertisements on the Website);
c. costs incurred as a result of you using the PEGGY SUE CO website or the Goods;
d. the content or operation in respect to links which are provided for you're your convenience;
e. any failure to complete a transaction, or any loss arising from e-commerce transacted on the PEGGY SUE CO website; or
f. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
8. Limitation of Liability
8. 1. To the maximum extent permitted by law, PEGGY SUE CO excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the website content and the use or performance of the PEGGY SUE CO website except to the extent that the loss or damage is directly caused by PEGGY SUE CO's fraud or wilful misconduct.
a. in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
b. in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
9. 3. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.