Website Terms of Service
Welcome to our website hornsbycomfyhips.com.au (‘Website’).
Here you will find our terms and conditions that apply when using the Website. We hope you enjoy your use of the Website and the information contained within it.
Please read these Website Terms and any other document referred to in them carefully. If you any questions, please contact us using the contact details set out on the Website.
These Website Terms & Conditions (‘Website Terms’) are between Hornsby Comfy Hips® Pty Ltd 49104724432 (referred to as ‘HCH’, ‘Hornsby Comfy Hips’, ‘we’, ‘us’, or ‘our’), and you, the person, organisation or entity that is accessing and/or using our website (referred to as ‘customer’, ‘you’ or ‘your’), and collectively the Parties.
By continuing to use this Website, you are agreeing to comply with and be bound by these Website Terms and the Agreement and are agreeing that you have had sufficient opportunity to access, read, accept and will comply with and be bound by these Website Terms.
Access and use of our Website
You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
Unless we agree otherwise in writing, you are provided with access to our Website only for your personal use.
You must only ever use this Website for lawful purposes in a manner consistent with the nature and purpose of the Website, and in a way that does not impact on any other person’s use and enjoyment of the Website. We have a zero-tolerance policy for users who conduct themselves unlawfully or encourage such conduct, who post any defamatory, obscene, offensive or scandalous material, harass or cause distress or inconvenience to any person, or disrupt the Website. We reserve the right to ban any user that engages in such behaviour.
You must not (or attempt to):
change, add, remove, deface our Website of any material or content displayed on our Website;
Interfere with or disrupt our Website or the servers or networks that host our Website;
Use data mining, robots, screen scraping or similar data gathering and extraction tools on our Website;
Interfere with security-related or other features of our site; or
Use, copy or distribute content without our express permission
Unauthorised use of this Website may be a criminal offence and/or give rise to a claim for damages.
We may refer fraudulent, abusive or illegal activity to the relevant authorities.
If you have created a customer account with us, you may be required to create a password for that account. You are solely responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activity that occurs on your account (including orders placed using your account), and you must keep your account password secure.
Hornsby Comfy Hips is not liable for any loss of confidentiality or for any damages arising from your creation and use of a customer account with us, or for any unauthorised activity on your account.
You must not use another customer’s account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
Advice and Information on this Website
The advice, information or materials (collectively referred to as ‘information’) contained within or provided through this Website is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions.
There may be information (including about products or services) on the Website that is based on material provided by a third party (such as suppliers of products, treatments, equipment, product manufacturers). Except as required by law (including Australian Consumer Law ‘ACL’) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
You agree to make your own enquiries to verify information provided on or through this Website, and to assess the suitability of products or services before your purchase the product or service.
Hornsby Comfy Hips does not warrant or guarantee the accuracy, timeliness, performance, completeness or suitability of the information found or offered on or through this Website for any particular purpose.
By using this Website, including for the purchase of products or services, you acknowledge that such information may contain inaccuracies or errors and expressly exclude us from liability for any such inaccuracies or errors to the fullest extent permitted by law.
Disclaimer and Indemnity
Nothing in these Website Terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).
Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this Website for any purpose which are not expressly stated in these terms. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Website Terms (including as a result of not being able to use the website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. If we can’t exclude liability but we can limit it, we limit it to the maximum extent permitted under the ACL.
We make the Website available to you, however you use it at entirely your own risk, for which we will not be liable. Everything on the Website is provided “as is” and “as available” – we don’t make any representations or warranties of any kind – and we exclude all liability for loss or damage (whether in contract, tort – including negligence, or otherwise) you might suffer because of (but not limited to):
failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third-party conduct arising out of the Website;
unsuitable or out of date information on the Website (including third party material and advertisements on the Website);
you or any other person acting or not acting, on any information;
personal injury or property damage of any nature resulting from your or any other person’s access to or use of the Website;
any unauthorised access to or use of information or data, including personal and financial information, collected by us;
any interruption of transmission to or from the Website;
any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the Website, including links to other sites;
data non-delivery, mis-delivery, corruption, destruction or other modifications;
costs incurred by you in using the Website;
links which are provided on the Website; and
events beyond our reasonable control.
It is your own responsibility to ensure that any services or information available through this Website meet your specific requirements.
You will be responsible for and will indemnify us, and keep us indemnified against all claims, suits, demands, actions, liabilities, losses, damages, injury, death, costs and expenses (including legal costs and expenses on a full indemnity basis) arising out of, in connection with or in respect of your use of the Website, your failure to comply with these Website Terms or any negligence on your part.
Social Media and Content
You understand that all information such as comments, messages, text, files, images, photos, video, sounds and other materials (‘content’) posted on, transmitted through or linked from the Website, forum, social media platforms or other platform that allows for the publication of user generated material (‘Social Media’), is the sole responsibility of the person from whom such content originated.
You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. By using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable, and you use them at your own risk. To the extent permissible by law we do not accept liability in this regard.
As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website or Social Media and you must not post (or allow) content to be posted that:
you do not have the right to post;
is defamatory or in contempt or any legal or other proceedings;
is misleading or deceptive;
is offensive or discriminates against any group or persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
denounces religious or political beliefs;
is indecent, obscene, vulgar, pornographic or offensive;
attacks another contributor or Hornsby Comfy Hips personnel;
floods our social media feeds, making it difficult for others to post or contribute;
is of a nature that is off topic;
infringes any copyright, trademark, patent or other intellectual property right of another person;
contains any unsolicited or unauthorised advertising or promotional material;
contains or links to viruses, malware, spyware or similar software; or
impersonates any person or misrepresents your relationship with any person.
Whilst is it our general policy not to delete your comments on our Social Media pages we reserve the right, at our absolute discretion, to pre-screen, refuse, block or remove any user or user content from the Website or our Social Media pages without giving any reason.
We may ask our users to contribute content to our Website or Social Media pages. Please note before you do so that any content you send to us (including data, questions, comments, suggestions, ideas, designs, images, videos, audio, marks or other information) will be deemed to be non-confidential and non-proprietary and you authorise us to use it for any purpose, without compensation to you.
We maintain a blog on our Website to keep you up to date with the latest in falls prevention and hip protection. As user of our Website, we may give you the opportunity to comment on our blog posts. Please note that we do regularly screen and review blog comments. We reserve the right to remove comments that we consider may not align with our brand values. You warrant that by posting comments on our Website you will adhere to the requirements outlined in Part 5 above (Social Media and Content).
We may also feature guest bloggers from time to time. We want you to know that we do not necessarily endorse or support any views, opinions, standard or information expressed in guest blogs, content and/or the comments section of our blog.
If you find something offensive or inappropriate on our Website, blog or Social Media pages, please do not hesitate to contact us and we will review the material to determine whether it should be removed.
This Website contains material that is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, script, design elements and interactive features of the Website, and is protected by copyright under the laws of Australia and through international treaties.
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names, social media content or other distinctive brand features without our express written permission.
If you would like to share our Website or social media content that is freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our Website and/or social media account.
Except as outlined above, we do not grant you any other rights whatsoever in relation to the Website or social media content. All other rights are expressly retained and reserved by us and nothing you do on or in relation to the Website will transfer any intellectual property or associated rights.
If you would like to share, re-publish or otherwise use our Website or content in a way that you are not expressly authorised to do by these terms, please do contact us to make a formal request for approval.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication, and to prepare derivative works of the content or incorporate the content into other works , to publish and promote such content. This may include but is not limited to, publishing testimonials on our Website, social media platforms and other marketing/ promotional materials, and developing your ideas and suggestions for improved goods or services we provide.
Hornsby Comfy Hips may run competitions through the Website, Social Media Platforms, or other forums. You participation in those competitions will be subject to these Website Terms and any terms and conditions of the competition.
Links to our Website
If you would like to link to our Website, please contact us with your URL, a brief description of your website and the purpose for wanting to establish a link. Please note that if we allow you to link to our Website, we may impose certain terms and conditions.
If the nature or content of your website changes in any significant way after the authorised link is established, you must let us know and provide us with a new description of your website. If the change means that your website is no longer a good fit with ours, we may withdraw our permission/authorisation at which time you must remove the link. Refusal to comply will constitute a breach of these Website Terms.
Links from our Website to other websites
Our Website may include links to other websites that are not controlled by us. These links are provided for your convenience to provide you with further information and user functionality. Hornsby Comfy Hips makes no representation as to the accuracy of the material contained therein and is not responsible for the conduct of those sites. You acknowledge that they are used at your own risk. Please note that whilst we include these links for your convenience, we do not necessarily endorse or support the views, opinions, standards or information expressed in them. We have no control over the nature, content, availability or security of those websites.
For your own safety, please make sure you check the protocols and standards of the linked sites before using them.
Changes to Terms
These Website Terms that form part of the Agreement may be amended from time to time. We will upload/post a copy of the revised terms on our Website. Changes to the terms will take effect immediately on being published on the Website. You continued use of the Website indicates your acceptance of the revised terms.
Breach and Termination
If, in our reasonable opinion, you have breached any provision these Website Terms that form part of the Agreement, we reserve the right to prevent your access to all or parts of the Website and associated platforms (e.g. Social Media).
In any event we may terminate our Agreement with you (and your rights to use the Website) at any time and for any reason without prior notice to you. Our disclaimer will nevertheless survive ay such termination.
Transfer and Assignment
You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our business of the Website to a third party we shall be permitted, without giving notice or seeking prior written consent from you, to assign the benefit of any agreements with have with you to the third party.
In the event of any dispute, we ask that you first contact us, and we will do our best to resolve the dispute to our mutual satisfaction, quickly, cheaply and efficiently.
We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control (a “Force Majeure Event”).
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to a risk of viruses, malicious computer code or other forms of damage to your computer system or data, cyber fraud or other type of fraud.
For the removal of doubt, we do not accept responsibility for any interference or damage to you own computer system or other electronic device (e.g. smart phone, tablet) that arises in connection with your use of the Website or any linked website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmission or data or of information contained on your computer system or other electronic device or on this Website. We do not accept responsibility or liability for any nature of any such losses that you which you may sustain as a result of such activity.
As we are based in New South Wales, this Agreement are governed by and construed in accordance with the laws of New South Wales. By using this Website you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed severable from the balance of the terms and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right of provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any right or provision will only be effective if it is in writing and signed by us.
Headings used in these Website Terms are included for convenience only and will not limit or otherwise affect these Website Terms.
For any questions, notices or complaints please contact us using the details provided below:
Attention: Privacy Officer
Hornsby Comfy Hips® Pty Ltd
PO Box 168
Galston NSW 2159 Australia
02 9653 3840
Version 1.0 – Effective 1 August 2021