TERMS OF SERVICE
These Terms of Service (collectively, these “Terms of Service”) are agreed to as of this day by you (the “User,” “you” or “your”) and Cocoway (“us,” “our,” or “we”). These Terms of Service set forth the terms and conditions that apply to your access to and use of https://cocoway.com.au and our related technology systems (collectively, the “Website”).
These Terms of Service also set forth the terms and conditions that apply to the use of the Website and any User’s subscription to our newsletter or purchase of any online service or product offered by us (collectively, “Online Services”).
Compliance with these Terms of Service
Using our Website and Online Services
We reserve the right to suspend or discontinue the availability of our Website and/or any portion or feature of our Website at any time in our sole discretion and without prior notice.
You shall not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, create derivative works of or make commercial use of the content on our Website (“Content”). You shall also not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with our Website in any manner. You shall also not reproduce, modify, distribute, sell, or otherwise transfer any rights in and/or to any Content. You shall not metatag, provide links to, frame, or mirror our Website without the prior express written permission of us.
You shall not be permitted to do any of the following, as determined by us, in its sole discretion, each of which may result in your loss of the right to access and use our Website and/or Online Services:
(b) restrict, inhibit, or prevent any access to, use, or enjoyment of our Website or any Online Service;
or (c) through the use of our Website or any Online Service, defame, abuse, harass, offend, or threaten anyone or any entity.
You acknowledge that you are solely responsible for providing and maintaining all equipment, hardware, software and means of communication, and charges for all related services, for your access to and use of the Website and our Online Services.
Intellectual Property Rights
The name “ Cocoway”, https://cocoway.com.au , and other trade names, URLs, and Website domain names owned and/or operated by us, and our graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of us (collectively, the “Proprietary Marks”).
You may not use the Proprietary Marks without the prior express written permission of us, which permission may be withheld in our sole discretion. We make no proprietary claim to any third party names, trademarks, or service marks appearing on our Website. Any third party names, trademarks, and service marks are property of their respective owners.
The Content, downloads, and other data and information viewable on, contained in, or downloadable from our Website and the Proprietary Marks, and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Website and Online Services (collectively, the “Intellectual Property”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, us or our Content suppliers.
All software used for our Website (the “Software”) is the property of us or our software vendors and is protected by U.S. and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Intellectual Property does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property or the Software.
You shall be solely responsible for any damage resulting from your infringement of our’s or any third party’s intellectual property rights regarding the Proprietary Marks, the Intellectual Property the Software, and/or any other harm incurred by us any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Service or applicable law.
Notwithstanding anything to the contrary herein, links from the Website are provided as a convenience to the visitors thereof. No third party website that is linked to the Website or the content thereof has been developed by us and we have not reviewed, and are not responsible for, the content of any such third party websites. We make no guarantees, representations, or warranties as to, and shall have no liability for, any content contained in or derived from any third party website.
By using our Website or using an Online Service, you consent to receive communications from us electronically. Although we may choose to communicate with you by other means, we may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warrantie s
ALL CONTENT CONTAINED ON OUR WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH US OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE HEREBY SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES.
Notwithstanding any other agreement or other communications to the contrary, receipt or use of any content contained on the Website or Online Services, or that is derived or acquired by User therefrom at any time and through any means, whether directly or indirectly, represents such User’s acknowledgement of this Disclaimer of warranties and his or her agreement with the terms and conditions contained herein.
Our Return Policy applies to your purchase of any materials or products from us through the Website (collectively, the “Product”).
There are no returns/refunds/exchanges on discontinued items and clearance items. If Products are originally purchased with a Gift Certificate Voucher, a Gift Certificate Voucher will be given as payment for return.
Our refund policy only applies to Products, and does not apply to any memberships, registrations or subscriptions to Online Services.
From time to time, we may endorse, promote or suggest services and/or products. Our recommendations will be based solely on our determination that the service/product is of value to Users based on a review thereof by us, and/or our relationship with the provider/producer of such service/product and/or our prior usage of such service/product. We may be compensated for our recommendations.
We may receive sample services/products for the purpose of conducting a review thereof. Our policy is to conduct to the best of our ability an unbiased review of such services/products. If a service/product does not meet our standards or expectations, or is deemed unsafe or is likely to be unsafe, such findings will be noted in the corresponding review of such service/product.
Notwithstanding the foregoing, no review shall be deemed to be a guarantee, representation or warranty as to the suitability of any service/product for any particular purpose, and no review should be relied upon by any person in making a determination to purchase, acquire or utilize any such service/product.
The determination to utilize any service/product for which we provide a review shall be solely the responsibility of the person utilizing such service/product and we shall not be liable in any way as a result of any such person’s use of any such service/product.
Limitation on Liability of Cocoway
Any liability of us, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by us from any User in connection with such use of, registration for and subscription to any Online Services.
We will not be liable for any losses, damages, claims, costs, expenses or other liabilities resulting directly or indirectly from the use of or reliance upon any content contained in the Website or Online Services. Without limitation, we shall not be responsible or liable for any loss or damages, either directly or indirectly, related to (1) any loss of any kind; (2) an inability to access or utilize, or any delay in accessing or utilizing, the Website or any links contained therein to or from any other websites or content; (3) any information or content not contained on the Website, or the failure of us to provide, or any delay in providing, any particular content, or any error in the transmission of any content; or (4) the use of any content contained on the Website in any way that may be deemed unsuitable for its intended purpose or that is against industry standards.
We reserve the right to amend these Terms of Service at our sole discretion and at any time. You should review these Terms of Service periodically to check for amendments. We will post notice of modifications and additions to these terms on this page. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for an Online Service or changes made for legal reasons will be effective immediately.