Term’s & Condition’s – Two Oily Ems

WEBSITE TERMS OF USE

This website, www.twooilyems.com.au  (Site) is operated by Emma Hamilton trading as Two Oily Ems [ABN 88 322 001 685] (we, our or us) and may be available through other addresses, third party sites or channels, including our doTERRA website link, http://www.mydoterra.com/twooilyems.

By using the Site you consent to our Terms

By using our Site, you agree to be bound by these terms of use and our Privacy Policy (available here) (Terms). Please read these Terms carefully – if you do not agree to them, then you must stop using our Site immediately. If you continue to use the Site you will be bound by the Terms.

We may change the Terms at any time

We may vary these Terms at any time and at our discretion by publishing the varied terms on our Site. You should check our Site regularly to ensure you are aware of our current Terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date or verify content and we are not liable if any Content is inaccurate or out-of-date.

Your use of our Site 

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Conduct we do not accept

When you use our Site, we expect you to abide by a clear standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by law, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes (without limitation) you doing or assisting any third party to:

  1. do anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  2. using our Site to defame, harass, threaten, menace or offend any person;
  3. interfering with any user using our Site;
  4. tampering with or modifying our Site;
  5. knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site; or
  6. using our Site to send unsolicited email messages

You must not use content to compete with our Site

You are prohibited from using our Site, including our Content, in any way that competes with our business.  

The Site is general information only

The content on our Site is intended only to provide a summary and general overview of matters of interest. It is not intended to be comprehensive or constitute professional medical or veterinarian advice to diagnose, prevent or treat disease in humans or animals. To this end, our Content does not take into account your (or your pets) unique and specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of our Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. 

You should always obtain professional advice appropriate to your own circumstances before acting on that content.  Your use of this website is not intended to create, and does not create, a recruitment/employment consultant relationship or any other professional relationship between us.

Our IP rights 

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of our Content. Your use of our Site and your use of and access to any Content on our Site does not grant or transfer to you any rights, title or interest in relation to our Site or our Content. You must not: 

  1. copy or use, in whole or in part, any Content; 
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.

Purchase of eBooks and other products

From time to time we may offer eBooks and other products (Products) for sale through our website. Any such offers are subject to and limited by Australian Consumer Law in terms of refunds.  If we charge for these Products, we will use a third party payment provider such as Stripe and PayPal and your purchase of the Products will be subject to the terms and conditions of any such third party payment providers. 

Uploaded content

We encourage you to interact with our Site. You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  

If you make any User Content available on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that: 

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

Our Site may contain links to websites operated by third parties.  Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  We recommend that you make your own investigations with respect to the suitability of those websites.  

Terminating our Site or your use of our Site

We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; 
  2. access will be uninterrupted, error-free or free from viruses; or
  3. our Site will be secure.

You read, use and act on our Site and our Content at your own risk.

Our liability is limited

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date. 

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Ending these Terms

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 these Terms will survive.

Your password (if you have one)

We may choose to issue you with a username and password to enable you to access features on our website. If we do, you must keep those details confidential and remain responsible for their misuse if these items are not kept confidential.

If a part of these Terms isn’t right 

If a part of these Terms is held to be void, invalid, illegal or unenforceable, that part must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of the Terms.

Applicable law

The laws of New South Wales govern these Terms, and your use of the Site. If you access our Site throughout Australia or overseas, we make no representation that our Site complies with the laws (including intellectual property laws) of any State outside New South Wales and/or country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Emma Hamilton trading as Two Oily Ems [ABN 88 322 001 685]

Wentworthville, New South Wales

Email: ems@twooilyems.com.au

Last update: 29 May 2020