2.0. Use Restrictions
The content on the HOA Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from HER's licensors, and any other materials displayed through the HOA Services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with HOA. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of HOA or its licensors.
HOA authorises you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2019, MCD Organics Pty Ltd. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the HOA Services may be included elsewhere within the HOA Services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to HOA and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
So long as you are in compliance with these Terms, HOA grants a non-exclusive limited, non-transferable license to use the HOA Services. You may not distribute or make the HOA Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the HOA Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the HOA Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by HOA that replace and/or supplement the original HOA Services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without HOA's written permission, “mirror” any Contents contained in the HOA Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to use the HOA Services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorised content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the HOA Services or Content; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by the HOA Services or Content or otherwise attempt to gain unauthorised access to any portion of the HOA Services or Content or any other systems or networks connected to the Site, or to any server of Dollar Shave Club or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorised access to HOA’ user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) use the HOA Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulation; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
HOA reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the HOA Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2. User Submissions
Except as provided under Submission of Ideas (Section 2.3 below), HOA does not claim ownership of any information or material a user provides to HOA or posts, uploads, input, submits, or transmits to the HOA Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libellous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, colour, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the HOA Services, or which, in the judgment of HOA, exposes HOA or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by HOA. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—HOA a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, HOA is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. HOA is not responsible for the consequences of any Submission. HOA is not responsible for screening or monitoring Submissions made to this HOA Services by users. If notified by a user of a Submission allegedly in violation of these Terms, HOA may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. HOA will have no liability or responsibility to users for performance or nonperformance of such activities.
HOA reserves the right (but is not obligated) to: (a) where permitted by applicable law, record the dialogue on the HOA Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the HOA Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the HOA Services, regardless of whether such Submission violates these Terms.
2.3. Submission of Ideas
HOA policy is to not accept, review, or consider unsolicited ideas or suggestions (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names). Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Ideas”) in any form to HOA. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of HOA's products, services or marketing strategies might seem similar to ideas submitted to HOA.
Notwithstanding such policy, any Ideas that are offered or communicated to us through the HOA Services or otherwise shall be the property of HOA, and may be treated by HOA as non-confidential information. In such case, you agree that: (a) any Idea (including its complete contents) by you to HOA will automatically become the property of Her Organics Australia, without any compensation to you; (b) HOA may use or redistribute any Ideas and its contents for any purpose and in any way, without any compensation to you; (c) HOA has no obligation to review any Idea; and (d) HOA has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, HOA.
2.4. Your Account
If you use the HOA Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password (whether authorized or not). HOA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
3. TERMS OF SALE
3.1. Sale of Products and Memberships
Her Organics Australia sells Women's sanitary items and other personal hygiene supplies (the “Product(s)”) to end-user customers only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
3.2. Product Pricing
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on the HOA Services. The price that we will charge you for the Products and Memberships will be the price as posted on the HOA Services on the date you first sign-up for a Membership. We reserve the right to change prices for Products and Memberships at any time, and, unless otherwise required by applicable law, we do not provide price protection or refunds in the event of promotions or price decreases. Unless otherwise stated, all prices quoted are in Australian dollars and are exclusive of all GST. (after the removal of the luxury goods tax in 2018)
3.3. Trials and Promotions
Your Membership may start with a promotional trial period, allowing you to receive your first shipment at a reduced price or free or to otherwise receive and trial product(s) at a reduced price (“Trial”). During the Trial period, your Payment Method (as defined below) will be charged for only the Trial price and shipping and taxes, if applicable. For combinations with other offers, restrictions may apply. HOA reserves the right, in its sole, reasonable discretion, to determine your Trial eligibility (for instance, to include only new customers or to limit promotional offers to one per household).
HOA will begin billing your credit, debit, or other Company-accepted payment method (“Payment Method”) the applicable monthly Membership fees -- based on the subscription you selected -- at the end of the Trial for a minimum of three debits. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your Trial period.
You will not receive a notice from us that your promotional (reduced Trial) pricing has ended or that the standard rate portion of your Membership has begun.
Her Organics Australia reserves the right, in its absolute discretion, to withdraw or modify any Trial offerings or promotions at any time without prior notice and with no liability. Any and all offers or promotions advertised on the HOA Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions which will be set out on our HOA Services.
If you are dissatisfied with one of our Products for any reason, we will refund the amount paid for your most recent month of service. Refund requests must be made directly to us at email@example.com within 30 days of the date of shipment by HOA. We are not liable for Products that are damaged or lost in transit to Her Organics Australia. Promptly following Her Organic Australia's receipt of your request (typically within five (5) business days), Her Organics Australia will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, HOA does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.
We will not provide a refund for a request that is received by Her Organics Australia more than 14 days after the date of original shipment. We also do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
Our goods come with guarantees that cannot be excluded under certain laws. The benefits and limitations set out above are in addition to all other rights and remedies that you have under applicable law and do not limit, exclude or restrict your rights which cannot be limited, excluded or restricted under applicable law, including the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth).
4. MEMBERSHIP TERMS AND CANCELLATION POLICY
4.1. Monthly Membership Fees; Automatic Renewal
HOA will automatically renew your Subscription on each monthly anniversary date of the Membership and, as authorised by you by checking the box demonstrating your consent for automatic monthly renewal of your Membership during the sign-up process. We will charge your Payment Method with the applicable Membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one month.
4.3. Membership Cancellation
You may cancel your Membership at any time after your initial three month term. To cancel your membership email: firstname.lastname@example.org
If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term for which you have paid. To the maximum extent permitted by applicable law, you will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.
6. USE OF GOODS.
By using HOA products you agree to have read the safety instructions listed in the product packaging. You agree that you are using HOA products correctly and that HOA holds no responsibility of misuse or illness caused by side effects/misuse.
5. LIABILITY OF HOA AND ITS LICENSORS AND PARTNERS
To the full extent permissible pursuant to applicable law, the use of the HOA Services or the Contents is at your own risk. The Contents in the HOA Services could include technical inaccuracies or typographical errors. HOA may make changes or improvements at any time.
TO THE FULL EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CONTENTS IN THE HOA SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOA DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILST HOA TAKES HOA COMMERCIAL EFFORTS TO PROVIDE THE HOA SERVICES TO YOU, HOA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HOA SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE DSC SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HOA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.