The Cherub Rubs website, www.cherubrubs.com.au, (the Site) is owned and operated by Cherub Rubs (Australia) Pty Ltd (ABN 70 109 585 417) of Postage Address. In this document 'you' refers to a user of the Site.
By accessing, browsing or using the Site, you agree to these terms and conditions as amended from time to time and acknowledge and agree that you have read and understood this document. By downloading any material on the Site you expressly agree to be bound by this document.
The content of the Site is provided for information purposes only. Cherub Rubs has made all reasonable efforts to ensure that the information contained on the Site is accurate.
However, you acknowledge that all information and material is provided to you on the basis that:
1. All information provided by Cherub Rubs is general information and is not advice.
2. Cherub Rubs makes no representation or warranty in relation to the reliability, content or accuracy of the information or material on the Site.
3. Cherub Rubs makes no commitment to update any information or material on the Site
4. Cherub Rubs may change information or material on the Site at any time, without notice.
5. Cherub Rubs makes no representation or warranty that access to or use of the Site will be uninterrupted, secure or error free, or that the Site or any material on or accessible through the Site is free from errors or viruses.
6. Cherub Rubs is not liable for any loss or damage, howsoever caused, resulting from accessing the Site or any use of the information or material on or accessible through the Site (including any linked web sites), any action taken in reliance on such information or material or any inability to use such information or material or the omission of any information or material from the Site or any inaccuracy in any information or material.
You are responsible for assessing the accuracy, reliability and suitability of the information on or accessible through the Site (including any linked web sites) and accept all risks of loss, damage, costs and other expenses resulting from using the Site or any information or material on or accessible through the Site (including any linked web sites).
Your Personal Information
While using the Site you may be given the opportunity to send e-mails to Cherub Rubs or enter or provide information or material ('Content'). Any and all Content provided by you in connection with your use of the Site must be true and accurate. You must not misrepresent your identity or affiliation with any person or entity. You acknowledge that Cherub Rubs may monitor the Site and take any action with respect to your Content as deemed reasonably necessary by Cherub Rubs.
You agree that you will not provide personal information about another person to Cherub Rubs unless:
- that other person is made aware of your provision of their personal information to Cherub Rubs; and
- that other person authorises you to provide their personal information to Cherub Rubs.
Acknowledgment of Risk
The worldwide web exists across open public networks that may not be secure or private. You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
You must not establish links on any other site to the www.cherubrubs.com URL or any other part or parts of the Site without Cherub Rubs’ prior written consent. Cherub Rubs may withhold its written consent at its discretion.
If you would like to link to the Site, or be linked from the Site, please contact the customer service team at firstname.lastname@example.org
All intellectual property in the Site, including its text, images, graphics, trade marks (whether registered or not), advertisements, arrangement and software on the Site (including where included in advertisements) is owned by Cherub Rubs unless indicated otherwise.
The content of the Site may be viewed online by you and may be reproduced in hard copy only for your own personal, non-commercial and non-public use. You must not modify, copy, reproduce, republish, frame, distribute or otherwise communicate any text, images or software other than as expressly provided in these terms and conditions or by the Copyright Act 1968 (Commonwealth).
Limitation of Liability
You use any information provided on the Site, and any other linked to it, at your own risk. All information is provided 'as is' without any express warranties of any kind. Except for liability under the Trade Practices Act 1974 (Commonwealth) and any other legislation dealing with similar issues, Cherub Rubs expressly disclaims any warranties or representations as to the accuracy or completeness of the contents of the Site, and expressly disclaims any implied warranties of merchantability or fitness for a particular purpose; and Cherub Rubs will not be liable for loss or damages of any kind, including direct, indirect, consequential or special damages, lost profits, lost data, or loss of management time which may arise out of, or result from, reliance on or use of this information, whether or not caused by any negligent act or omission.
You must continually indemnify Cherub Rubs against any action, liability, claim, loss, damage, proceeding, expense and cost (including legal costs) ('Claim') suffered or incurred by Cherub Rubs arising from, or which is directly or indirectly, related to your:
- breach or non-observance of any term or condition in this document; or
- violation of any applicable law.
This includes all Claims arising from any information which you provide to Cherub Rubs in connection with your use of the Site. In relation to a Claim, Cherub Rubs may require you to conduct the defence, at your cost, including negotiations for settlement or compromise prior to the institution of legal proceedings. You must comply with any requirement notified to you in accordance with this clause.
If you do not accept these terms and conditions then you must not use the Site.