The Clean Collective Pty Ltd
Trading as “Earth Collective”
ABN 88 617 475 322
- Licence to use the site
- Access and use of the site
- Information on the site
- Copyright and intellectual property rights
- Third party information
- Third party links
- Submissions, reviews and comments
- Your content
- Reservation of rights
- Delays and outages
- Limitation of liability
- Exclusion of competitors
- Further assurances
1.1 The information, including statements, opinions and documents, contained in this Site (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.
2.2 The Information and these Terms may be amended without notice from time to time in our sole discretion. Your use of our Site 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 Site if you accept and will comply with the new Terms.
3. LICENCE TO USE THE SITE
3.3 We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.
4. ACCESS AND USE OF THE SITE
4.1 You must only use the Site in accordance with these Terms and any applicable law.
4.2 You must not (or attempt to):
(c) interfere (or attempt to interfere) with security-related or other features of the Site.
4.3 We do not warrant that the Site 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 Site.
4.4 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:
(b) in a way that is illegal or unfair.
4.5 You are prohibited from using the Site or its content:
(m) facilitate or assist a third party to do any of the above acts. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
5. INFORMATION ON THE SITE
5.1 We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site 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 site is at your own risk.
5.2 Occasionally there may be information on our Site 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 Site 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 Site, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
5.4 This site 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 Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
5.5 The material on this Site, and corresponding social media sites, 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 Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
6. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
6.1 Our Site 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 Site.
6.2 You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site 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 Site without the express written permission of the owner.
6.3 You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:
(d) using the Site for commercial purposes.
7. THIRD PARTY INFORMATION
7.1 The Site 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.
8. THIRD PARTY LINKS
8.1 The Site may contain links to websites owned and operated by third parties (Third Party Sites). The existence of a link to another site does not imply an endorsement by The Clean Collective Pty Ltd. 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.
9. SUBMISSIONS, REVIEWS AND COMMENTS
9.1 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.
9.2 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.
9.3 In accordance with Australian laws, we are required to monitor all publicly posted product reviews on the Site and edit/remove any reviews that appear fake, offensive, defamatory or irrelevant. We cannot and do not alter ratings or reviews. Please contact our Customer Service Team via https://www.thecleancollective.com/pages/contact-us for further information on review monitoring and a copy of the legal code.
9.4 If, at our request, you send certain specific submissions (for example contest entries) 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.
9.5 Use of any of The Clean Collective’s social media channels, including but not limited to Facebook, Instagram 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. YOUR CONTENT
10.1 If you choose to add any content on the Site, you:
(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.
10.2 The Clean Collective reserves the right to remove any material posted by you on any of our social media channels, for any reason.
11.1 Every attempt has been made to list the ingredients of the products on the Site, where relevant, but we cannot guarantee accuracy. If you purchase from us, always contact the manufacturer directly to check for updates and changes to ingredient listings.
11.2 Features and specifications of products described or depicted on this Site are approximate only and subject to change without notice.
11.3 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 Site. 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.
11.4 The Site 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 Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.
11.5 While we endeavour to keep the Site 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 Site for any purpose;
(b) Third Party Sites.
11.6 You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.
12. RESERVATION OF RIGHTS
12.1 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.
13. DELAYS AND OUTAGES
13.1 We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
14. LIMITATION OF LIABILITY
14.1 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 Site.
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.
15.1 By using the Site, 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:
(c) any wilful, unlawful or negligent act or omission by you.
15.2 This defence and indemnification obligation will survive these Terms and your use of the Site. 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.
16.1 You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, 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 Site. 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 Site 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.
17. EXCLUSION OF COMPETITORS
17.1 You are prohibited from using the Site, 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 Site and Information, in our sole discretion.
18.1 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.
19. FURTHER ASSURANCES
19.1 Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
20.1 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.
21.1 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.
22.1 Your use of the Site 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 Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site 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 Site.
The Clean Collective Pty Ltd ABN 88 617 475 322