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Terms of use

Terms of Use 

The Hey Sara website (the ‘Website’) is owned and operated by Hey Sara Pty Ltd ABN 91 622 316 241 trading as Hey Sara. Your access to this Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as the ‘Terms of Use’).  Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.  Hey Sara reserves the right to amend the Terms of Use at any time.  The Website is intended to apply internationally to residents located throughout the world. 

Your Obligations

You must use the Website in a responsible manner.

Copyright and Trademark Notice

The material on the Website, the software, design, text and graphics comprised in the Website and the selection and layout of the Website are owned or licensed by Hey Sara and protected by copyright law under the laws of Australia and International Copyright laws. 

The Website does not grant you a licence nor acts as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the site without the express written permission of the trademark owner.

You may view this Website and its contents using your web browser.  In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of your web browser only. 

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by Hey Sara or expressly authorised in writing by Hey Sara. 

Restrictions on use

You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Hey Sara or an associated entity or which is prohibited by the Terms of Use. 

Advertising, Third Party Content and Links to Third Party Websites

The Website may contain hyperlinks and other pointers to Internet Websites operated by third parties.  Hey Sara does not control these linked Websites and is not responsible for the contents of any linked Website or any hyperlink contained in a linked Website.  The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Hey Sara of the site or the products or services provided at those sites.  You link to any such Website entirely at your own risk. 

The Website also contains products offered for sale.  Some of the information provided on the Website concerning the products may be information from third parties.  Hey Sara is not responsible for the accuracy of this information or the suitability or quality of the products and services of the third parties.  You should contact the relevant third party supplier direct to enquire on that information prior to entering into a transaction in relation to the third party products and services depicted in the Website.  The third party products, services and information are not provided or endorsed by Hey Sara and your legal relationship is with the third party supplier. 

Hey Sara may receive fees and/or commissions from the third parties for goods displayed on the Website or sold via the Website.  You acknowledge and consent to Hey Sara receiving these fees.

Prices, Products and Services are Subject to Change

All prices displayed and products offered for sale on the Website are subject to change without notice.

No Reliance on information

The information contained in the Hey Sara Website is presented for the purpose of outlining particular products listed for sale.  All information contained on the site, including information relating to third party products, is for information purposes only.

Licences, testimonials and idea submissions

You agree that you will not upload or transmit any communications or material of any type that infringe or violate any laws or the rights of any party.

By submitting communications or materials to any part of this Website, you agree that such submission is non-confidential for all purposes.  If you make any such submission, you automatically grant (without compensation or further obligation) and warrant that the owner of such information has expressly granted (without compensation or further obligation) Hey Sara a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or information in any media or medium, or any form, format, or forum now known or developed in the future.

You agree that Hey Sara may sublicense its rights to the contribution or materials you provide and you hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information.

Hey Sara shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions, including the right to publish on the Website or elsewhere and to use the submission, including any suggestions, ideas, etc. contained within. You agree that you shall have no recourse against Hey Sara for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

Indemnity

By entering into the Website, you agree to indemnify Hey Sara from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

Disclaimer

Some legislation such as the Australian Trade Practices Act (Commonwealth) 1974 and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by Hey Sara via the Website which cannot be excluded, restricted or modified (your ‘Statutory Rights’).  Hey Sara excludes all conditions and warranties implied by custom, law or statute save for your statutory rights. 

Save for your Statutory Rights, in respect of the Website:

All material on the Website is provided to you without warranties of any kind, either express or implied;

Hey Sara expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;

Hey Sara does not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;

Hey Sara does not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise;

You solely assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information contained on the Website. 

To the extent permitted by law, including but not limited to any act or omission on the part of Hey Sara, Hey Sara will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website. 

You expressly acknowledge that Hey Sara does not exert control over users of the Internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website. 

Limitation of Liability

To the extent permitted by law, Hey Sara’s liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at the option of Hey Sara, to one or more of the following: 

  • replacement of the goods or supply of equivalent goods;
  • repair of the goods;
  • the payment of the costs of having the goods repaired;
  • the payment of the costs of replacing the goods or equivalent goods;

Miscellaneous

Hey Sara relies upon your continued observance of the Terms of Use.  In the event that Hey Sara suffers loss or damage or incurs any costs associated with any breach of the Terms of Use or any associated legal obligation, you agree to indemnify Hey Sara for those losses, damages and costs. 

The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia.  You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

Hey Sara do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions.  Access to the information contained in this Website may not be legal by certain persons or in certain countries.  If you access the Hey Sara Website you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved. 

If Hey Sara does not act in relation to a breach of the Terms of Use by you, this does not waive Hey Sara’s rights to act with respect to subsequent or similar breaches of the Terms of Use by you. 

Termination

The Terms of Use are effective until terminated by Hey Sara.  Hey Sara may terminate the Terms of Use and your access to the Website at any time without notice.  In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive. 

© 2018 Hey Sara Pty Ltd. All Rights Reserved

Terms of Use last updated 11 April 2018