WEBSITE TERMS OF USE
Welcome to Nova Holistic Spa. Before you use our site, please read these Terms of Use, as they contain
important information.
This website (Site) is operated by Sister Earth Pty Ltd (ABN: 57664251441), trading as Nova Holistic Spa, (we,
our or us). These website terms of use (Terms) apply to your use of, and access to, the Site.
Information and availability
While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on
the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant
the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without
notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not
comprehensive and is for general information purposes only. We also do not warrant that access to the Site will
be uninterrupted, error-free or free from viruses.
Intellectual Property rights
Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any
copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and
domain names) displayed or used on the Site (Our Intellectual Property).
We authorise you to access and use the Site solely for your own personal, non-commercial use and to display,
print and download the Content onto your personal device provided that you do not remove any copyright
notice included in Our Intellectual Property.
Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any
rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:
(a) copy or use, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our
Intellectual Property; or
(c) breach any intellectual property rights connected with Our Intellectual Property, including altering or
modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or
embedded in another website or platform, or creating derivative works from Our Intellectual Property.
Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property
on your social media page or blog, provided that:
(d) you do not assert that you are the owner of the Content or Our Intellectual Property;
(e) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
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(f) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair,
misleading or deceptive; and
(g) you comply with all other terms of these Terms.
Conduct we don’t accept
You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we
would consider inappropriate or which might bring us or the Site into disrepute. This includes:
(a) anything that would constitute a breach of an individual’s privacy or any other legal rights;
(b) using the Site to defame, harass, threaten, menace or offend any person;
(c) using the Site for unlawful purposes;
(d) interfering with any user of the Site;
(e) tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or
damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming
routines that may damage or interfere with the Site;
(f) using the Site to send unsolicited electronic messages;
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(h) facilitating or assisting a third party to do any of the above acts.
Content you upload
We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload,
publish, submit or transmit relevant information and content (User Content) on the Site. We may run
campaigns via the Site and via social media that encourage you to post User Content on social media using
specific hashtags (#) (Tag).
If you make any User Content available on or through the Site, including on social media using a Tag, you grant
to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User
Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly
display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on,
through or by means of the Site and our social media platforms.
You agree that you are solely responsible for all User Content that you make available on or through the Site,
including on social media using a Tag. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents
and releases that are necessary to grant to us the rights in such User Content (as contemplated by these
Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User
Content or our use of the User Content on, through or by means of our Site (including on social media)
will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or
privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole
discretion), remove any User Content.
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To the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in
respect of, any liability that we may suffer, incur or otherwise become liable for, arising from or in
connection with any claim by a person that any of your User Content infringes the intellectual property
rights of any person.
Third party sites
The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not
control, endorse or approve, and are not responsible for, the content on those websites. We recommend that
you make your own investigations with respect to the suitability of those websites. If you purchase goods or
services from a third party website linked from the Site, such third party provides the goods and services to you,
not us.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party
websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will
make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or
which (if any) third party links are Affiliate Links.
Our liability is limited
You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you
may contact us for more information about this. Despite anything to the contrary, to the maximum
extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or
damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of
opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence),
indemnity or otherwise arising out of or in connection with the Site or the Content.
Privacy
We respect your privacy and understand protecting your personal information is important. Our Privacy Policy
(available on the Site) sets out how we will collect and handle your personal information.
What happens if we discontinue the Site
We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from
using our Site.
Which laws govern these Terms
These Terms are governed by the laws of Tasmania. Each party irrevocably and unconditionally submits to the
exclusive jurisdiction of the courts operating in Tasmania and any courts entitled to hear appeals from those
courts and waives any right to object to proceedings being brought in those courts.
Changes to these Terms
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We
recommend you check the Site regularly to ensure you are aware of our current terms.
For any questions and notices, please contact us at:
Sister Earth Pty Ltd ABN 57664251441
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Email: kylie_mc@live.com
Last update: 7 March 2023
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