Website Terms and Conditions

1. OUTLINE

1.1   Your access to and use of www.sophiecox.com (the Website) is governed by the following terms of use (Terms). You will not use the Website for any purpose that is unlawful or prohibited by these Terms. By using the Website you are fully accepting these terms, conditions and disclaimers contained in this notice. If you do not accept these Terms you must immediately stop using this Website, and exit it now. By using this Site, you agree to comply with, and be bound by, these Terms.

1.2   The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision.

2. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

This Site, and all material on this Site, is protected by Copyright and other intellectual property rights. A copyright is a property right in an original work of authorship. Copyright is recognised in most countries of the world by statutory copyright laws. Copyright exists in the expression of an idea, but not the idea itself. Your use of the website and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content, including Sophie Cox software and all HTML and other codes contained on this Site; all such Content, including third party trademarks, designs and related intellectual property and other laws and international treaty provisions.

Unless otherwise indicated, copyright in the information on this website is owned by Sophie Cox. All rights reserved. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Commonwealth. Copyright Act 1968 (Cth), this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Sophie Cox.

  • All copyright, trademarks and all other intellectual property rights in the Website and its content, including without limitation the Website design, text, graphics and all other software and source codes connected to the Website, are owned by or licensed to www.sophiecox.com or otherwise used by Sophie Cox and www.sophiecox.com as permitted by law.
  • In accessing the Website you agree and are permitted to use the Content only as expressly authorised by Sophie Cox and/or its third party licensors. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior consent of the copyright holder. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. However, you are able to access content solely for your personal, non-commercial use.
  • In addition to the intellectual property rights above ‘Content’ is defined as any graphics, photographs, music, video or text on this website.

3. CHANGES TO WEBSITE

Sophie Cox may, from time to time, change these Terms in its sole discretion. By using this Site after any such change, you agree to comply with, and be bound by, the Terms as changed. Sophie Cox and www.sophiecox.com reserves the right to:

  • Change or remove, temporarily or permanently, the Website or any part of it without notice and you confirm that Sophie Cox and www.sophiecox.com shall not be liable to you for any such change or removal.
  • Change these Terms and conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of these changes.

4. CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, content), including but not limited to the design, structure, selection, coordination, expression, (look and feel) and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Sophie Cox, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Sophie Cox’s prior written consent. You may use information on Sophie Cox products and services purposely made available by Sophie Cox for downloading from the Site, provided that you

  • Do not remove any proprietary notice language in all copies of such documents
  • Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media
  • Make no modifications to any such information, and
  • Do not make any additional representations or warranties relating to such documents

5. COLOUR ACCURACY

Although every effort has been made to render colours accurately that appear on www.sophiecox.com, digital reproduction is never fully accurate so we cannot guarantee true colour representations, as the display on computer monitors vary.

6. YOUR USE OF THE WEBSITE

You agree that you will be personally responsible for your use of this website and for all your communication and activity on, and pursuant to this website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this website on a temporary or permanent basis.

Your Rights:

You have certain rights under the Law. These include, in Australia:

  • That any products you order through this website will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this website; and
  • Certain remedies if a product is defective

In addition to your legal rights, Sophie Cox offers you the right to cancel any order of a product within seven working days commencing on the day after the date on which you receive it, and receive the return options as set out above.

7. THIRD PARTY WEBSITES AND LINKS

This Site may contain links to other websites, or resources operated by parties other than Sophie Cox. Sophie Cox has not reviewed all of the websites linked to this website and is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites.  We are not responsible or liable, directly or indirectly, for the privacy practices or the content of such external websites, including any advertising, products or other materials or services on or available from such websites or resources. Any link to another site, and reference to third party information, products or services linked to this Site, is not, and should be not construed as, an express or implied endorsement by Sophie Cox. Any questions or comments relating to other sites should be addressed to the operator or operators of those sites.

8. PRODUCTS

The Sophie Cox products depicted on this Site are representative of Sophie Cox products. Not all Sophie Cox products are shown in this Site. Not all products that are shown in this Site are, or will be, available at other stores. The style, designs and colours of the products shown in this Site may be changed without notice.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

Material in this Site may contain inaccuracies or typographical errors. Sophie Cox shall not be liable or responsible for any loss or damage caused by or arising from any users reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site.

  • The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties or satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  • To the extent permitted by law, www.sophiecox.com will not be liable for any indirect or consequential loss or damage whatever, including without limitation loss of business, opportunity, data, profits, arising out of or in connection with the use of the Website
  • www.sophiecox.com makes no warranty that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes it available are free from viruses or anything else, which may be harmful or destructive. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

10. INDEMNITY

You agree to indemnify and hold www.sophiecox.com and its employees and agents harmless from and against liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against www.sophiecox.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

You acknowledge that if you breach the Terms and Conditions and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the Terms and Conditions. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the Terms and Conditions in any way.

11. SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Terms and Conditions will be severed from the site and the rest of the Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

12. GOVERNING LAW

These Terms and Conditions shall be governed and construed in accordance with the Law of New South Wales and you the parties submit to the non exclusive jurisdiction of the Courts of New South Wales.

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