ONLINE PLATFORMS - TERMS AND CONDITIONS
Welcome to Emerald Again [ABN 43784735848] and www.emeraldagain.com.au, our website, The Emerald Village, our online Facebook community, and our Emerald Again Instagram page. We're so glad you're here! By visiting our online platforms, you are agreeing to these terms and conditions and any other policies we publish or link to on our online platforms; we like to call this an "Agreement". If you don’t accept to our Agreement, we kindly ask that you surf elsewhere. Just know that if you breach our Agreement, we may need to terminate your use of our online platforms. We may also change, suspend or stop providing our online platforms at any time, but we'll always try to let you know if that's the case.
Now, let's chat about your obligations when using our online platforms.
YOUR OBLIGATIONS WHEN USING OUR ONLINE PLATFORMS
To provide correct information and comply with the law
Firstly, please provide us with current and accurate information when filling out any of our opt-in or other forms. It is also important that you comply with the laws of Victoria and Australia when you use our online platforms, including, but not limited to, all intellectual property and cybercrime laws. If you're accessing our online platforms from outside of Australia, please make sure to also comply with all the relevant local laws.
To only make personal and non-commercial use of our Content
Next up, please only use the online platforms and its Content for your personal and non-commercial use. We own or license the Copyright in all Content on our online platforms, and any other use is prohibited unless permitted by law, or with our prior written permission (which you can request by emailing hello@emeraldagain.com.au). All trademarks on our online platforms belong to their respective owners.
To use third party software, links etc at your risk
If you choose to use third-party software, links or other tools to enhance your experience on our online platforms, please do so at your own risk. We provide the links for your assistance only, and we have no control over those other sites or their content. We do not endorse them in any way, and any use of those sites is at your sole risk. Similarly, we have no control over third-party apps and software and do not make any warranties in relation to them. You will need to read and agree to their terms and conditions before using them.
To not rely on any “advice”
Some of the information we provide on our online platforms may be information related to health, well-being and sustainability, but it’s not meant to be professional “advice”. We provide this information for your general use only. While we try to provide accurate information, it may be historical, incomplete information or based on opinions that aren’t widely held. Your personal situation has not been professionally considered when providing the information, so any reliance on this information is at your sole risk. We recommend seeking independent professional advice before relying on the information we provide.
To be respectful when posting
We want to encourage you to engage in online discussions in our community. However, we ask that you be respectful when posting. Please don’t include any personal information such as your email address or physical address in any posts. Please also follow our posting rules. We don’t allow:
any disrespectful, inappropriate, offensive, threatening or abusive content;
any content that breaches the rights of a third party (e.g., which is defamatory);
any content that impersonates any other person, or misleads us as to the origin of your posts; or
any advertising, self-promotion or sales.
Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts.
To be respectful of privacy of other participants
There may be instances where there is information shared about other people using the service, and we request that you assist in maintaining their privacy. Therefore, we request that you keep private any posts, videos or information about any individuals that you may come across on any of our online platforms, which otherwise aren’t available to the broader public.
WE MAKE NO WARRANTIES OR GUARANTEES
We need you to know that we make no warranties or guarantees about our online platforms or its Content. While we do our best to keep things running smoothly, we unfortunately can’t guarantee our online platforms will always be available, that your use will not be interrupted or that our online platforms is free from viruses or secure; or that our Content is accurate, complete and current.
For example, sometimes we will be making changes to our online platforms, or you may come across an old landing page, historical information, incomplete pages or inaccuracies.
We appreciate your help in maintaining our platforms if you do see any issues – we’d love you to email us at hello@emeraldagain.com.au.
LIMITATION OF LIABILITY AND INDEMNITY
In our online communities, we are pleased if it can become a space for connection and relationships with participants. However, we are not responsible for any liability in relation to these connections or relationships between participants, or goods or information exchanged. Please use your discretion and always undertake personal safety measures at any time you choose to share information or engage in a relationship or exchange with anyone you’ve met online.
We exclude, to the maximum extent permitted by law, any liability in connection with your use of our online platforms and its Content. We are not responsible for any Loss or Damage suffered in connection with your use of our online platforms, its Content, any interruptions, changes, suspension or termination of our online platforms or any events beyond our control.
Additionally, you indemnify us for any Claim arising out of or in connection with any third-party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.
OTHER
This Agreement is governed by the laws in Victoria, Australia and the parties submit to the jurisdiction of the courts of Victoria, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.
DEFINITIONS
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.
“Content” means any content on our online platforms like trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.
“Copyright” means all rights pursuant to the Copyright Act 1968 (Cth).
“Loss or Damage” means any loss or damage including, but not limited to, any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.
“Online Platforms” refers to all digital platforms operated and managed by Emerald Again [ABN 43784735848], including but not limited to the website www.emeraldagain.com.au, The Emerald Village Facebook community, the Emerald Again Instagram page, and any other digital platform or service we may introduce in the future. This term encompasses all content, services, features, and functionalities provided through these platforms.
“We, us, or our” means Helen Barnes t/as Emerald Again [ABN 43784735848] and includes any of our employees, agents, partners and contractors.