Coconut Textiles® may be referred to interchangeably as “we”, “us” or “our” throughout these terms and conditions (Terms). Please read the Terms carefully as they govern your use and access to the website www.coconuttextiles.com.au (Website) and the purchase of any good(s) or service(s) (collectively, Products) from us.
You agree to be bound by these Terms by using, accessing or browsing any part of this Website, including through communicating with us and participating in any forums, promotions, subscriptions, purchases, specials and/or programs that we offer (Agreement).
Please note that the information on this Website and these Terms are subject to change without notice. We recommend that you read these Terms carefully when you access this Website and before you place an order with us or engage our services as these actions are subject to these Terms.
Limitation of Liability
Subject to your rights under Australian Consumer Law, you understand and agree that:
- neither Coconut Textiles®, its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages, costs, loss or liability arising or in any way related to the use of this Website and/or any other site linked to or from this Website unless we have acted in breach of the Terms. This limitation applies to all and any direct, indirect, consequential, special, exemplary, punitive or other damages or liability that you or others may suffer, as well as damages for loss of profits or revenue, legal costs, loss of use, business interruption, loss of information or data and whether arising in contract, under statute, tort or otherwise;
- our liability in respect of any non-excludable warranties, guarantees or conditions relating to or arising from the Website, is limited to the resupply or repair of the relevant Products or paying you the reasonable cost of doing so, and where permitted under law, at our discretion; and
- otherwise, we limit any and all of our liability to AUD$50.
For avoidance of doubt, if you are a consumer, nothing in these Terms affects your rights to terminate this Agreement in the event that you reject the Products under section 259 of the Australian Consumer Law.
Access and communication
We use reasonable efforts to ensure the integrity of the Website, however, we cannot guarantee or promise that the delivery, safety or security of communications over the internet, the Website or your computer systems.
We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website unless it was directly and solely caused by us.
Except in relation to Submitted Material (defined below), all intellectual property rights in the Website, all of its content, the Products and all their components are owned or licensed by us and are protected by copyright, patent, trademark, design and/or any other applicable laws.
All rights are reserved.
Except to the extent permitted under Australian statutes, no material or content from this Website or part thereof may be copied, reproduced, mirrored, linked, publicly displayed, encoded, translated, republished, uploaded, posted, transmitted or distributed in any way, without our prior written permission.
You may use this Website and its contents for personal lawful purposes only and you agree that you do so entirely at your own risk. You must not use this Website or its contents for:
- commercial purposes without our prior written permission;
- in or as a whole or part of your own trademark(s);
- in connection with activities, goods or services which are not ours;
- in a manner which may be confusing, misleading or deceptive; or
- in a manner that disparages us or our information or Products (including this Website).
Coconut Textiles® grants you a non-exclusive and non-transferable licence to use the Website for your own personal use only and subject to these Terms and any other terms and conditions on the Website.
Third Party Service Providers
From time to time, the assistance of third party service providers may be used to provide the Website and Products to you. This means that the provision of this Website and Products is subject and conditional upon the provision of the various services by third parties. You agree to be bound by the relevant third party service providers’ terms and conditions of supply.
User Content Submissions
We may provide for places for the exchange of information and ideas with other Website users (Forums) at the Website. By using our Forums, you agree to comply with these Terms and any policy, guideline and direction that we publish from time to time.
It is your responsibility to take care when relying or making decisions based on any information provided by other users of the Forums. We are not responsible for the accuracy, correctness or currency of information posted by other users on our Forums. The information is not produced, approved or promoted by us.
Coconut Textiles® excludes all liability in respect of the content of any communications and materials posted at our Forums or otherwise at our Website. Please email us at firstname.lastname@example.org if you have a concern regarding any material displayed in a Forum or otherwise communicated through the Website. It is within our sole discretion as to how to deal with the concern raised or what action is reasonable to take in the circumstances.
Coconut Textiles®’s Licence to use Submitted Material
When you upload material to any Forum or submit material through the Website (Submitted Material), you automatically grant (or warrant that the owner of such materials expressly grants) Coconut Textiles® a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute the Submitted Material. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that Submitted Material may be used by us for purposes including (without limitation) marketing, research and development of the Products.
To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of Coconut Textiles®, its successors, assignees and licensees, to any performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.
You warrant that any Submitted Material contributed by you will not infringe the intellectual property rights of any third party, breach any obligations of confidence or any other law or regulation relating to the Submitted Material.
Coconut Texiles® reserves the right to block or immediately remove communications or Submitted Material that it considers are or may be in its sole discretion:
- abusive, defamatory or obscene;
- fraudulent, deceptive or misleading;
- in violation of a copyright, trademark, patent, design or other intellectual property right of another;
- in violation of any law or regulation; or
- offensive or otherwise unacceptable to Coconut Textiles®.
In using the Website and Products you must not:
- engage in any commercial activity including reselling, marketing, advertising or commercial promotion of the Products, or collecting and/or using any product lists or pricing information howsoever;
- impersonate or falsely claim to represent a person or organisation;
- defame, abuse, stalk, harass, threaten or otherwise violate or infringe the rights or legal rights of others, including without limitation, rights relating to privacy, intellectual property or publicity;
- post, link to, frame or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful;
- post, link to, frame or otherwise distribute any information, material or item which contains a virus, trojan, worm or other harmful or disruptive component;
- reproduce, make public, communicate to the public, perform in public or make an adaptation of any work, or part of any work, featured at this Website, or authorise the doing of any of these acts to any work, or part of any work, featured at this Website;
- infringe any intellectual property right protecting any material, or part of any material, featured at this Website;
- not link to any part of the Website or frame or use any framing techniques to capture any part of the Website; or
- use any robot, spider, screen scraping or data mining technologies or any software, programme, algorithm, methodology or any other automated or manual data gathering or extraction tools to obtain, copy, collect or harvest any data, information or content found on the Website, or use any manual process to copy the Website or any content contained therein;
- access and/or or attempt to access any part of the Website you are not authorised to access, including by passing network firewalls; or
- attempt and/or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, including automated tools.
Coconut Textiles® may at any time immediately terminate your access to the Website in its sole discretion and without prior notice. You may at any time terminate your access to the Website at your sole discretion and with prior notice if reasonable in the circumstances.
Consent To Receiving Commercial Electronic Messages
If you express interest in the Products through your use of this Website, you consent to us sending you commercial electronic messages (including messages about our Products and the products and services of third parties) to any electronic address(es) which you have provided to us.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. Where a provision or part of a provision is held to be void or unenforceable, such provision or part shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms so that the remaining Terms remain in full force and effect.
This policy is governed by the laws in force in the state of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceeding in connection with the Terms or Website.
The above Terms constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and Coconut Textiles®. Any waiver of any provision of the Terms will be effective only if in writing and signed by a nominated representative of Coconut Textiles®.