Terms and Conditions
About This Website
Welcome to Miss Emma's Everyday Soap!
The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
The Website is operated by Miss Emma's Everyday Soap. Access to and use of the Website, or any of its associated Products or Services, is provided by Miss Emma's Everyday Soap. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of services, immediately.
Miss Emma's Everyday Soap reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Miss Emma's Everyday Soap updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
Acceptance of This Terms and Conditions
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Miss Emma's Everyday Soap in the user interface.
Online Store Terms
In order to use our website and/or receive our services, you must be at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site and enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Purchase Service Policy
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
The Right to Change Offering
The Website, the Purchase Services and all of the related products of Miss Emma's Everyday Soap are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Miss Emma's Everyday Soap or its contributors.
Miss Emma's Everyday Soap retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Miss Emma's Everyday Soap; or (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design.
Copyright and Intellectual Property
We may, without prior notice, change the services or product price; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
The Right to Change Offering
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Privacy
Miss Emma's Everyday Soap takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Miss Emma's Everyday Soap's Privacy Policy, which is available on the Website.
General Disclaimer
(a) You acknowledge that Miss Emma's Everyday Soap does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the products other than provided for pursuant to these Terms.
(b) Miss Emma's Everyday Soap will make every effort to ensure a product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law: (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and (ii) Miss Emma's Everyday Soap will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of Miss Emma's Everyday Soap (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Miss
Emma's Everyday Soap, are 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 Miss Emma's Everyday Soap including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Miss Emma's Everyday Soap) referred to on the website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (i) 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; (ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website); (iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products; (iv) the Content or operation in respect to links which are provided for the User's convenience; (v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or (vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
(a) Miss Emma's Everyday Soap's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Miss Emma's Everyday Soap is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that Miss Emma's Everyday Soap, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or
business reputation and any other intangible loss.
(c) Miss Emma's Everyday Soap is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Miss Emma's Everyday Soap, by third parties or by any of the Purchase Services offered by Miss Emma's Everyday Soap.
(d) You acknowledge that Miss Emma's Everyday Soap does not provide the Delivery Services to you and you agree that Miss Emma's Everyday Soap will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
Indemnity
(a) You agree to indemnify Miss Emma's Everyday Soap, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; (ii) any direct or indirect consequences of you accessing, using or transacting on the website or attempts to do so and any breach by you or your agents of these Terms; and/or (iii) any breach of the Terms.
Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall approved by remain in force.
Contact Information
Questions about the Terms and Condition should be sent to us at miss.emma.soap@gmail.com