Terms of Use

Pure Romance (Australia) Pty Ltd Website Terms Of Use

WELCOME TO THE PURE ROMANCE WEB SITE (THE "SITE"). THE SITE IS OWNED BY PURE ROMANCE (AUSTRALIA) PTY LTD (ACN 151 989 374) OR ONE OF ITS AFFILIATES (COLLECTIVELY, "PURE ROMANCE"). USE OF THIS SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW (THE "TERMS OF USE"). BY ACCESSING OR USING THIS SITE AND ANY OF THE CONTENT OR SERVICES PROVIDED THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE. THE TERMS OF USE ARE SUBJECT TO CHANGE FROM TIME TO TIME, SO YOU SHOULD REVIEW THEM FOR CHANGES PERIODICALLY. USE OF THE SITE AFTER SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE IN EFFECT AT THE TIME OF SUCH USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.

Scope of Use

This Site is provided by Pure Romance. All software and content included on this site, such as text, images, and logos, is the owned or licensed property of Pure Romance, its licensors or content suppliers and is subject to protection by applicable copyright laws. Pure Romance grants you permission to view and use the content made available to you on the Site in connection with your use of the Site. Otherwise, no material from this Site or any other web site owned, operated, licensed, or controlled by Pure Romance or any of its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose may constitute an infringement of Pure Romance’s copyright and other proprietary rights. Any product, process or technology described in this Site may be the subject of other intellectual property rights reserved by Pure Romance or its affiliates and are not licensed hereunder. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to "frame" or "mirror" the Site.

Privacy Policy

Any information you give us will be stored and used in accordance with Pure Romance's Web Site Privacy Policy. By indicating your acceptance of these terms and conditions, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

Disclaimer

Nothing in these Terms of Use is intended to have the effect of excluding, restricting or modifying:

  • the application of all or any of the provisions of Part 5-4, or of Division 1 of Part 3-2, of Schedule 2 to the Competition and Consumer Act 2010 (the Australian Consumer Law);
  • the exercise of a right conferred by such a provision; or
  • any liability of Pure Romance in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law to a supply of goods or services.

SUBJECT TO THE ABOVE DESCRIBED APPLICATION OF THE AUSTRALIAN CONSUMER LAW, TO THE EXTENT PERMITTED BY LAW:

  • THIS SITE AND ALL MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
  • PURE ROMANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE.
  • PURE ROMANCE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND PURE ROMANCE DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
  • PURE ROMANCE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY NON-COMPLIANCE WITH A STATUTORY GUARANTEE OR LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF PURE ROMANCE, AN AFFILIATE OF PURE ROMANCE, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURE ROMANCE ALSO EXCLUDES ANY LIABILITY FOR ANY BREACH BY PURE ROMANCE OF THESE TERMS OF USE, HOWEVER ARISING (WHETHER FOR BREACH OF A TERM OR TERMS OF THESE TERMS OF USE, TORT (INCLUDING NEGLIGENCE), STATUTE, CUSTOMER, LAW OR AON ANY OTHER BASIS)
  • WHERE SUCH LIABILITY CANNOT BE EXCLUDED BUT MAY INSTEAD BE LIMITED, PURE ROMANCE'S TOTAL LIABILITY TO YOU SHALL BE LIMITED TO:
    • IN THE CASE OF SERVICES:
      • THE RESUPPLY OF THE SERVICES; OR
      • THE PAYMENT OF THE COST OF RESUPPLY; AND
  • IN THE CASE OF GOODS:
    • THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; OR
    • THE REPAIR OF THE GOODS; OR
    • THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR
    • THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.

Indemnity

If you are accessing the Site in the course of a business, you agree to indemnify us and to keep us indemnified from all or any liability or damages incurred in contract, tort or otherwise towards a third party as a result of your use of this Site.

Applicable Laws

Pure Romance controls and operates the Website from its corporate offices in the United States of America, and Australia. Pure Romance makes no representation that materials on the Website are appropriate or available for use outside of Australia. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Your use of this Site and these terms shall be governed by and construed and enforced in accordance with the laws applying in New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time arising from, concerning, or related to these Terms of Use or your use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use.

Trademarks

The trademarks, service marks and logos used and displayed on this Site are registered and unregistered trademarks of Pure Romance, unless otherwise noted, and they may not be used in connection with any product or service that is not Pure Romance's or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pure Romance. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site.

Linking

Links to third party web sites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use these links, you will leave this Site. Pure Romance has not reviewed any third party sites and does not control and is not responsible for any of these sites or their content. Pure Romance does not endorse or make any representations about such sites, or any information or materials found there, or any results that may be obtained from using them. If you access any third party sites linked to this Site, you do so at your own risk.

If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:

  • you do not remove, distort or otherwise alter the size or appearance of the Pure Romance logo or any other Pure Romance trademark or service mark;
  • you do not create a frame or any other browser or border environment around this Site;
  • you do not in any way imply that Pure Romance is endorsing any products or services other than its own;
  • you do not misrepresent your relationship with Pure Romance nor present any other false information about Pure Romance;
  • you do not otherwise use any Pure Romance trademarks displayed on this Site without express written permission from Pure Romance;
  • you do not link from a website that is not owned by you; and
  • your website does not contain content that is pornographic, offensive, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

Pure Romance expressly reserves the right to revoke the right granted in this section for breach of these linking terms and to take any action it deems appropriate. You shall fully indemnify Pure Romance for any loss or damage suffered by Pure Romance for breach of these linking terms.

User Transmissions

Subject to Pure Romance's Web Site Privacy Policy, any material, information, idea or other communication you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and you hereby agree to assign copyright in it to Pure Romance. Such material, information, idea or other communication may be disseminated or used by Pure Romance and/or its designees for any purpose whatsoever free and clear of any claim of ownership from any parties that have used this Site including, but not limited to developing and manufacturing products, publications for business gain, or any other use deemed appropriate by Pure Romance ("Communications"). Furthermore, and without limitation, Pure Romance will have exclusive ownership of all present and future existing rights to the Communication of every kind and nature everywhere. Pure Romance will be entitled to use the Communication for any commercial or other purpose whatsoever without compensation to you or any other person sending the Communication. You acknowledge that you are responsible for whatever material you submit, and that you, not Pure Romance, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Pure Romance will have no obligations with respect to the Communications. Pure Romance and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law, and hereby agree to indemnify Pure Romance for any loss or damage suffered by Pure Romance or its affiliates arising out of or in connection with the posting or transmission of any such material by you.

Revisions And Modifications

Pure Romance may revise these Terms of Use at any time. By using this Site, you agree to be bound by any such revisions. Accordingly, you should periodically visit this page to determine the current Terms of Use to which you are bound. Certain Terms of Use may be modified and superseded by expressly designated legal notices or terms located on particular pages on this Site.

Pure Romance may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Pure Romance may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Pure Romance may terminate the authorization, rights and license given to you, as provided herein, at any time.

General Terms

These Terms of Use, Pure Romance's Privacy Policy, and any terms of sale constitute the entire agreement between you and Pure Romance with respect to this Site. No modification to this agreement shall be effective unless it is executed by Pure Romance. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement or any notice given by Pure Romance in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Pure Romance in printed form.