Website Terms and Conditions

Introduction

By visiting and/or using the https://impeccably.co/ website and its associated services and functions (“Website“) you agree to be bound by these terms and conditions (“Agreement“).

This Agreement is formed between anyone who visits this Website (“you” and “your“) and Impeccably PTY LTD (“we“, “us” and “our“).

If you do not agree to any provisions of this Agreement, you must not use the Website.

We reserve the right to make changes to this Agreement from time to time at our sole discretion. These may take effect immediately. By continuing to use the Website following the making of those changes, you agree to be bound by the changes.  You should check our Agreement and policies from time to time, especially when ordering products, to acquaint yourself with the current versions of those documents.

Registration

In order to access some features of the Website, you may need to be a registered member.

You must not use another person’s account, password or log in details for any reason, unless permitted by us in writing.

When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.

Rules of conduct / content

You must abide by any code of conduct and the rules set out in this clause when accessing or using the Website, including any functions enabling you to post comments, material, or to interact with others.

You agree not to use the Website for any unlawful purpose and not to violate any applicable local, state, national or international law.  You must not and must not permit any other person to use the Website or the functionality and information it provides in any way which is offensive or results or could result in loss or damage to any person.

You agree to use the Website in a way that is not negative or destructive.

You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

You agree not to submit through the Website or use any information derived from use of the Website where such information is about any person by which they may be personally identified without their prior consent or which compromises their or another person’s privacy or breaches confidentiality.

You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

You agree not to submit content that contains material that is inappropriate, unlawful, threatening, abusive, hateful, profane, defamatory, obscene, pornographic, racially vilifying, deliberately provocative or indecent.

You agree not to submit content that is of nuisance value, inappropriate, off topic or vexatious.

You agree not to violate the property rights of others, and you agree not to post any content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party.

You must not attempt to gain access to any content accessible through the Website that the provider of the content does not intend for you to access.

You agree not to upload files, or cause users to upload files, that contain viruses, worms, “Trojan horses”, corrupted files, or any similar software or programs that may adversely affect the operation of another’s hardware.

You agree not to advertise any goods or applications. “Junk mail”, “spamming”, “chain letters”, “pyramid schemes” and similar activities are strictly prohibited.

You agree not to solicit anyone to buy or sell products or services, or to make donations of any kind.

You must ensure that any person who uses the Website on your behalf complies with this Agreement.

If you are using the Website as an employer, you must ensure that the feedback you provide to your employee is written in a way that is consistent with normal expectations in such a relationship, is relevant to the tasks you have set for your employee and is constructive. Employers who do not comply with these terms may have their access deactivated.

If you are using the Website as an employee, you must expect that not all feedback will be positive. You must not give feedback which is inappropriate, but instead give feedback that is of a constructive nature to your employer or other team members/colleagues. You must only use the Website for services relating to an employment based relationship.

 

Reporting inappropriate content

You may report inappropriate feedback or content or other misuse of the Website by others by emailing [email protected] We reserve the right to remove any content and/or deactivate the accounts of those responsible for such inappropriate feedback, content, misuse or other breach of the terms of this Agreement.

Price and Fees

Prices are current at time of display but are subject to change. Pricing information is available on the Website and will be displayed on the order summary page.

Links to third party websites and promotions

The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we do not represent that we have reviewed any of these third party websites, content or resources and we are not responsible for the material contained there.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of our Privacy Policy. For example, the personal information you provide when registering on the Website may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation.

Intellectual property

“Impeccably”, including any logo version of that trade mark, is our trade mark or used exclusively under licence and may not be used by you without our prior written consent.

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.

Other trade marks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

If you provide us with any material or content (which may include text, data, files, images, photographs and audiovisual material) (“User Content”) for inclusion on the Website or for inclusion in or reproduction on any product, you grant us a royalty-free licence to use and reproduce that content on the Website or product as the case may be. We shall not be obliged to use, display or retain any User Content so supplied on the Website. You warrant that all such User Content will not infringe any third party’s intellectual property or other rights.

Legal Capacity

By setting up an account you accept these terms and conditions and acknowledge that you are entering into a legal contract with us and if you are a company, you are authorised to bind the company to the terms of this Agreement.

Termination

We reserve the right to change (including to alter, remove or add functionality) the Website at any time.  We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change.  We may stop (temporarily or permanently) providing access to the Website to you or to visitors or members generally, at our reasonable discretion and without prior notice to you.  We may terminate your account or restrict your access to the Website without prior notice to you if we reasonably consider that there has been a breach of this Agreement or any other of our terms and conditions by you.

Disclaimer

We do not warrant that the Website will be provided without fault or disruption.  To the extent permitted at law and except as expressed to the contrary in this Agreement, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

  • errors, mistakes or inaccuracies on the Website;
  • you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
  • personal injury or property damage of any nature resulting from your access to, and use of, the Website and any purchases made from the Website;
  • any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
  • any interruption or cessation of transmission to or from our Website;
  • any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
  • failures or deficiencies in relation to the merchantability or fitness for any purpose of any product appearing on any linked sites not operated by us or our related entities.

Except if and to the extent only required by law or as otherwise set out in this Agreement, we do not warrant, endorse, guarantee or assume responsibility for any product advertised or offered by a third party at the Website or any linked website or featured in any banner or other advertising.  We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products.

We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses.

Where any law implies a warranty into this Agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.

The only authorised access point is https://impeccably.co/ with no characters before or after that URL.

Use of Website by you

You agree to use the Website only for purposes that are permitted by this Agreement and that are not prevented by any applicable law or regulation.

You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.

You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.

You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.

You agree not to use, copy, distribute or commercialise content appearing on the Website except as permitted by this Agreement, by law or with our prior written consent.

You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Transfer and Assignment

In the event that we merge, sell or otherwise change control of our business or this Website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer novate or assign the personal information, content and rights that we have collected from you and any Agreements we have made with you.

Force majeure

We shall not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.

Law

This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement so that this Agreement shall remain in full force and effect.

This Website is administered and operated from Australia.  Any offer for any features or products made on this Website are void where prohibited.

If you access this Website from outside of Australia, you are solely responsible for complying with applicable local laws.

Waiver

If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

 

Last update: February 2019