Service Terms & Conditions

The Clean Collective Pty Ltd
Trading as “Earth Collective”
ABN 88 617 475 322

 

SERVICE TERMS OF USE

Welcome to www.weareearthcollective.com (“Service”), an online service that is owned and operated by The Clean Collective Pty Ltd ABN 88 617 475 322 its successors and assignees, referred to as “we”, “our” or “us”.

Your use of the Service will be subject to the terms of this Terms of Service Agreement (Terms).

These Terms govern you, the person, organisation or entity that accesses and/or uses our Service (referred to as you or your) and form a contract between you and us if you access our Service.  Please read these Terms carefully.  If you have any questions, please contact us using the contact details below.  Your use of the Service indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms. You should immediately cease accessing and using this Service if you do not accept these Terms.

The Terms may change from time to time. Use of the Service after a change will subject you to the new terms. 

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE, AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.

  1. Information
  2. Amendment
  3. Licence to use the Service
  4. Access and use of the Service
  5. Information on the Service
  6. Copyright and intellectual property rights
  7. Purchase of products and downloading of software
  8. Third party information
  9. Third party links
  10. Submissions, reviews and comments
  11. Your content
  12. Permissions
  13. Disclaimers
  14. Reservation of rights
  15. Delays and outages
  16. Limitation of liability
  17. Indemnity
  18. Breach
  19. Exclusion of competitors
  20. Enforceability
  21. Further assurances
  22. Termination
  23. Disputes
  24. Jurisdiction
  25. Notices
  26. General

1. INFORMATION

1.1 The information, including statements, opinions and documents, contained in this Service (Information) is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  Any reliance you place on the Information is at your own risk.  Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

2. AMENDMENT

2.1 The Information and these Terms may be amended without notice from time to time in our sole discretion.  Your use of our Service following any amendments indicates that you accept the amendments.  You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Service if you accept and will comply with the new Terms.

3. LICENCE TO USE THE SERVICE

3.1 We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Service for your personal, non-commercial use, in accordance with these Terms.  All other uses are prohibited without our prior written consent.

3.2 You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to our Service if you sell ads on your Service or you charge a subscription fee to use or access your Service. No deep linking directly to articles is permitted if you sell ads on your Service or you charge a subscription fee to use or access your Service. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our Service is permitted.

3.3 You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libellous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.

4. ACCESS AND USE OF THE SERVICE

4.1 You must only use the Service in accordance with these Terms and any applicable law.

4.2 You must not (or attempt to):

(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Service or the servers or networks that host the Service;

(b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Service; or

(c) interfere (or attempt to interfere) with security-related or other features of the Service.

4.3 We do not warrant that the Service will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Service.

4.4 You must not link to our Service or any part of our Service in a way that damages or takes advantage of our reputation, including but not limited to:

(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or

(b) in a way that is illegal or unfair.

4.5 You are prohibited from using the Service or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) Attempt to or tamper with, hinder or modify the Service, knowingly transmit viruses or other disabling features, or damage or interfere with the Service, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Service; or

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose;

(k) to interfere with or circumvent the security features of the Service or any related website, other website, or the Internet;

(l) interfere with or inhibit any user from using the Service; or

(m) facilitate or assist a third party to do any of the above acts. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

5. INFORMATION ON THE SERVICE

5.1 We are not responsible if information made available on the Service is not accurate, complete or current. The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Service is at your own risk.

5.2 Occasionally there may be information on our Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Service or on any related website is inaccurate at any time without prior notice (including after you have submitted an order).

5.3 We undertake no obligation to update, amend or clarify information on the Service, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Service, or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

5.4 This Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Service at any time, but we have no obligation to update any information on our Service. You agree that it is your responsibility to monitor changes to our Service.

5.5 The material on this Service, and corresponding social media Services, is not medical or legal advice. Always consult your medical practitioner with any product concerns, before starting a new diet or health regime, and before using the products, including if you are pregnant, have allergies or any medical conditions.

5.6 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Service, including audio and video excerpts, except as permitted by statute or with our prior written consent.

6. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

6.1 The Service is the property of The Clean Collective. The Clean Collective retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips and PDF files (collectively, the “Content”), are protected by copyright and are owned by www.weareearthcollective.com, The Clean Collective Pty Ltd, or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the Service is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.

6.2 Our Service contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our website.

6.3 You agree that, as between you and us, we own all intellectual property rights in the Service, and that nothing in these Terms constitutes a transfer of any intellectual property rights.  Your use of the Service does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Service without the express written permission of the owner.

6.4 You must not breach any copyright or intellectual property rights connected with the Service. This includes but is not limited to:

(a) altering or modifying any of the code or the material on the Service;

(b) causing any of the material on the Service to be framed or embedded in another website;

(c) creating derivative works from the content of the Service; or

(d) using the Service for commercial purposes.

6.5 Intellectual Property Infringement Claims: It is the policy of The Clean Collective to respond expeditiously to claims of intellectual property infringement. The Clean Collective will promptly process and investigate notices of alleged infringement and will take appropriate actions under the relevant Act and other applicable intellectual property laws, up to and including blocking or removing the offending content. The Clean Collective will terminate access for subscribers and account holders who are repeat infringers. Please direct any notices of claimed copyright infringement to sales@weareearthcollective.com or the person or entity at this addresses: Publisher, The Clean Collective Pty Ltd, PO BOX 523, Manly NSW 1655

7. PURCHASE OF PRODUCTS AND DOWNLOADING OF SOFTWARE 

7.1 You may have the opportunity to order or receive merchandise and services, and to download Software (collectively “Products”) through the Site directly or through links on the Site. All Products (unless otherwise noted as owned or offered by www.weareearthcollective.com) are provided by third-party vendors (“Vendors”) pursuant to agreements, licenses or other arrangements between that Vendor and you. All aspects of your transactions regarding the Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Product should be directed to that Vendor.

7.2 By using the Site you acknowledge and agree that The Clean Collective and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products advertised by this Service or from any action or inaction of any Vendor.

7.3 You may have the option to purchase Products over this Site using a credit card by sending that information over the Internet. Neither The Clean Collective nor any Vendor can guarantee that any encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither The Clean Collective nor any Vendor will have any liability if the applicable encryption technology fails to protect your information.

8. THIRD PARTY INFORMATION

8.1 The Service may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information).  We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information.  You should make your own investigations with respect to the suitability of Third Party Information for you.

9. THIRD PARTY LINKS

9.1 The Service may contain links to websites owned and operated by third parties (Third Party Services). The existence of a link to another website does not imply an endorsement by The Clean Collective. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction or service. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

10. SUBMISSIONS, REVIEWS AND COMMENTS

10.1 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

10.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

10.3 In accordance with Australian laws, we are required to monitor all publicly posted product reviews on the Service and edit/remove any reviews that appear fake, offensive, defamatory or irrelevant. We cannot and do not alter ratings or reviews. Please contact us via sales@weareearthcollective.com for further information on review monitoring and a copy of the legal code.

10.4 If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

10.5 Use of any of The Clean Collective’s social media channels, including but not limited to Facebook, Instagram. Pinterest, LinkedIn, Tik Tok and Twitter indicates your acceptance of these Terms. Your use of any of our social media channels, including but not limited participating in forums, commenting or messaging us is governed by these Terms.

10.6 www.weareearthcollective.com also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, www.weareearthcollective.com is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.

11. YOUR CONTENT

11.1 If you choose to add any content on the Service, you:

(a) warrant to us that you have all necessary rights to post the content;

(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing;

(c) warrant and agree that if you leave a comment, review or rate a product, that you have purchased and have used that product; and

(d) consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

11.2 The Clean Collective reserves the right to remove any material posted by you on any of our social media channels, for any reason.

12. PERMISSIONS 

12.1 All requests for licensing, reprints, linking and other usage of material on www.weareearthcollective.com should be addressed to sales@weareearthcollective.com. We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request.

13. DISCLAIMERS

13.1 The Service and any executable programs and other materials provided through the Service are provided “as is” and without warranty of any kind, and all express or implied warranties are hereby excluded, including, without limitation, the warranties of merchantability and fitness for a particular purpose. The Clean Collective does not warrant that the Service or any materials obtained through the Service are virus-free. If you download executable programs from the Service, the entire risk as to the results and performance of such programs is assumed by you. The Clean Collective is not responsible for the accuracy of or errors or omissions in any such programs, and The Clean Collective does not warrant that the operation of any such programs will be uninterrupted or error-free, or that any defects in any such programs will be corrected. The Clean Collective does not warrant that the content of its stories will be error free.

13.2 Every attempt has been made to list the ingredients of the products on the website’s Product Directory, where relevant, but we cannot guarantee accuracy. Always contact the manufacturer directly to check for updates and changes to ingredient listings.

13.3 Features and specifications of products described or depicted in the Product Directory on this website are approximate only and subject to change without notice.

13.4 Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear in the Product Directory on the website. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products you receive.

13.5 The Service is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Service or your access to the Service will be error free, that any defects will be corrected, that the Service or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Service will operate on a continuous basis or be available at any time.

13.6 While we endeavour to keep the Service and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about: the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Service for any purpose;

(a) Third Party Information; or

(b) Third Party Sites.

13.7 You read, use, and act on information contained on the Service, Third Party Information and/or Third Party Sites, strictly at your own risk.

13.8 This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:

(a) the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Service (or any part of it or them); or

(b) otherwise in relation to these Terms or the entering into or performance of these Terms.

13.9 Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:

(a) fraud;

(b) death or personal injury caused by our Breach of Duty;

(c) any breach of the obligations implied by law; or

(d) any other Liability which cannot be excluded or limited by applicable law.

13.10 In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.

13.11 Subject to clause 13.9:

(a) To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service;

(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;

(c) You should not rely on any information accessed using the Service to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.

(d) It is your responsibility to ensure that Products advertised by this Service are sufficient and suitable for your purposes and for your child and meet your or your child’s individual requirements, including if you or your child has any allergies to any specific material or ingredient. If you are purchasing a Product advertised by this Service as a gift, you are responsible for ensuring that the Product meets the gift recipient’s needs. We do not warrant that the Products will meet individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.

(e) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms.

(f) To the extent permitted by law in no event shall we, our directors, shareholders, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data – whether based in contract, tort (including negligence), strict liability or otherwise – arising out of or in connection with your access to, or use of, or inability to use or access this Service and these Terms.

(g) In no case shall The Clean Collective be liable for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or product or advertising posted, transmitted, or otherwise made known or available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

(h) We do not bear any responsibility for any errors, omissions, defamatory, offensive or illegal conduct of any user of the Service.

(i) We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

(j) We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

(k) You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

13.12 Some information about the Products advertised by the Service is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

13.13 Incorrect or inappropriate use: Many of the Products advertised by the Service come with usage guidance, provided by third parties. If we provide you with any usage guidance and you fail to use the Product in accordance with the usage guidance provided, we are not liable for any damage or loss caused. If a Product is highlighted as being for use by a particular age group of child, we are not responsible if a child from a different age group uses the Product.

13.14 Materials and ingredients: The Clean Collective makes every attempt to identify and source products utilising the highest quality materials and ingredients. Please see our Wellness & Sustainability Standard for further details. We also request our advertising partners to clearly share the ingredients and usage guidelines of Products advertised when asked. However, there is a possibility that some manufacturers and suppliers could change the material or ingredient or usage guidelines without advance notice to us.

13.15 Some people and babies may have allergic reactions to certain ingredients or materials. People concerned with allergies or other special sensitivities are encouraged to consult a medical practitioner regarding the use of any Product advertised by this Service, prior to using it.

13.16 We cannot be responsible for allergic reactions that some people and babies may have due to special sensitivities to certain ingredients or materials and buyers are encouraged to carefully monitor the use of all baby products that are advertised by this Service. 

13.17 Appearance of Products: Due to photographic and screen limitations associated with the representation of Products, some actual Products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Service. In addition, where it is suitable to do so, some depictions of Products are created or chosen by us for promotional purposes, and may not be an exact representation of the Products you receive.

13.18 Advice: Any suggestions we provide to you in relation to using the Products advertised by this Service is a suggestion only. It is not intended to be advice specific for your situation or your child (if relevant) or a gift recipient if you are purchasing a Product advertised by this Service as a gift. Suggestions are intended to be a general guide only and you are responsible for ensuring that a Product meets your needs. You agree that any information, insights or guidance contained in our Service is not an attempt to practice medicine or provide medical advice. Any general guidance we provide should not be used as a substitute for professional diagnosis and treatment. Any health information provided on our Service is provided simply for your convenience. The Service is intended for general information purposes only. Any guidance provided on the Service does not take into account personal circumstances. Guidance is not intended to be advice, it is not intended to be relied upon and it is not a substitute for professional medical advice based on personal circumstances.

13.19 As above, you are solely responsible for determining the suitability of any of the Products advertised by this Service, and your reliance on any information that is provided to you through our Service is at your own risk.

14. RESERVATION OF RIGHTS

14.1 We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

15. DELAYS AND OUTAGES

15.1 We are not responsible for any delays or interruptions to the Service. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Service will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Service in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Service.

16. LIMITATION OF LIABILITY

16.1 To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Service.

To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

16.2 The Clean Collective will not be liable for any direct, indirect, special, incidental, or consequential damages (including, without limitation, damages resulting from lost profits or revenue; loss of use of or reliance on the service, information provided or of any executable programs; loss of use of data or equipment; or other similar damages) arising out of the use or inability to use the service or any executable program obtained through the Service, even if The Clean Collective has been advised of the likelihood of such damages. In no event shall The Clean Collective’s total liability to you for all damages, losses and causes of action (whether in contract, tort, or otherwise) relating to the service exceed $AUD100.

17. INDEMNITY

17.1 By using the Service, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

(a) your use of or access to the Service;

(b) any breach by you of these Terms; or

(c) any wilful, unlawful or negligent act or omission by you.

17.2 This defence and indemnification obligation will survive these Terms and your use of the Service. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

18. BREACH

18.1 You may only use the Service for lawful purposes and in a manner consistent with the nature and purpose of the Service. By using the Service, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Service. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Service and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.

19. EXCLUSION OF COMPETITORS

19.1 You are prohibited from using the Service, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Service and Information, in our sole discretion.

20. ENFORCEABILITY

20.1 If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.

21. FURTHER ASSURANCES

21.1 Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

22. TERMINATION

22.1 These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.

23. DISPUTES

23.1 You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

23.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:

  • The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
  • If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

24. JURISDICTION

24.1 Your use of the Service and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Service may be accessed throughout Australia and overseas. We make no representation that the Service complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Service from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Service.

25. NOTICES 

The Clean Collective may give notice to you through general posting on the Service, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to The Clean Collective by postal mail addressed to: Publisher, The Clean Collective Pty Ltd, PO BOX 523, Manly NSW 1655.

The Clean Collective reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.

26. GENERAL 

Any failure by The Clean Collective to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

 

The Clean Collective Pty Ltd ABN 88 617 475 322
Last update: 15 August 2020 

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