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Coco California

COCO CALIFORNIA TERMS OF USE

 These Terms of Use (“Terms”) govern your use of our website located at http://www.cococalifornia.com.au (“Site”) and form a binding contractual agreement between you, the user of the Site and Coco California (ABN 96 926 438 561).

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the site. You can contact us at cococalifornia@outlook.com

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agreed to be bound by them. If you do not agree to the Terms, please do not use this website.

1. Licence to use the Site

We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

You may access and use the Site in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

You must not add any content to the Site.

unless you hold all necessary rights, licences and consents to do so;

that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy.

That would bring us, or the Site into disrepute; or

That infringes the intellectual property or other rights of any person.

The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any sure user generated content or any content available on any linked website.

You acknowledge and agree that:

We retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and

The Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes)

2. Payment & Orders

All prices are on the Site are in Australian Dollars (AUD). Coco California only transacts in Australian Dollars and takes no responsibility for currency fluctuations. For international customers the exchange rate charged will be determined by your bank.

Coco California reserves the right to amend our prices at any time.

Coco California accepts payment via Paypal or credit card only. Alternate payment methods are not available.

Any credit card transaction fees including but not limited to foreign currency conversion fees are the responsibility of the customer.

3. Exchange and Returns 

Your satisfaction is our first priority at Coco California. If your item is faulty upon receiving it, we will gladly exchange the item or refund your credit card. All returns are subject to us receiving the item back within 7 days of purchase. Items must be returned with their original packaging unless they were damaged prior to you receiving them. They must still be in an unused and saleable condition. We strictly accept no exchange or returns on sale items.

Note: Postage cost will not be not be refunded.

4. Intellectual Property Rights

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing and communicating the content to the public) and permit us to authorise any other person to do the same thing.

You 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 also ensure that the third party also consents in the same manner.

The licence in clause 2.3 will survive any termination of these Terms.

You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in clauses 2.2 and 2.3.

5. Warranties

You represent and warrant to us that:

you have the legal capacity to enter these Terms; and

you have complied with clauses 1.3.

6. Liability

To the full extent permitted by law, we exclude all liability for any loss, consequential or incidental damages caused by loss of data, malfunctions, interruption of business, a distributed denial of service attack (DDOS), a denial of service (DOS) attack, viruses, Trojan horses, worms, malware, logic bombs, harmful components, corrupted data any other malicious software and any other harmful data that may infect your computer equipment, computer programs, data, mobile device or other material due to your use of our Site or downloading any material posted on your Site or any website linked to it. This exclusion of liability also applies to any emails we may send.

To the full extent permitted by law we shall have no liability for any loss of anticipated savings, loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of the use of money, loss of business, loss of opportunity, loss of goodwill, loss of reputation, damage to or corruption of data or any indirect or consequential loss.

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

in the case of goods:

the replacement of the goods and the supply of equivalent goods;

the repair of the goods;

the payment of the cost of replacing the goods or of acquiring relevant goods; or

the payment of having the goods repaired; and

in the case of services:

the supply of the services again; or

the payment of the cost of having the services supplied again.

 

7. Termination

These Terms terminate automatically, if for any reason, we cease to operate the Site.

We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

8. General

You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

We reserve the right to change these Terms at any time at our discretion. Our most recent Terms of Use will be available on our website at: http://www.cococalifornia.com.au

This Agreement is governed by the laws of South Australia and each party submits to the jurisdiction of the courts of South Australia.

 

©2017 Coco California