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TERMS OF USE
The web-site Petra.com.au ("site")
is owned and operated by Petra Hair Care Pty Ltd ACN 100 032
308 ("Petra").
Your use of the site is conditional upon your agreement to,
acceptance of and compliance with the terms and conditions
set out below ("terms and conditions"). Your use
of and/or access to the site constitutes your agreement with
the terms and conditions. Petra reserves the right to amend
the terms and conditions at any time. You should periodically
review the terms and conditions for any such amendments, which
you will be deemed to have accepted by your continued use
of and/or access to the site.
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INTELLECTUAL PROPERTY
All information, text, material, graphics,
software and advertisements on the site ("material")
are Copyright © 2002 Petra Hair Care, its associated
companies, suppliers, and/or licensors unless expressly indicated
otherwise. The names "Petra" and "Petra Hair
Care" are trade marks of Petra Hair Care Pty Ltd. The
materials are protected by Australian and international copyright
and trade mark laws.
You must not modify, copy, reproduce, republish, frame, upload
to a third party, post, transmit, distribute or in any way
deal with the material except as expressly provided on the
site, or expressly authorised in writing by Petra.
You may, subject to specific restrictions set out in these
terms and conditions, download material from the site solely
for your personal, non-commercial use. You agree not to change
or delete any proprietary notices from any material downloaded
from the site.
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DISCLAIMERS
The Trade Practices Act and other similar
Australian State and Territory legislation may provide you
with certain rights and remedies in respect of goods and services
provided to you by Petra on the site or sold through the site
which cannot be excluded, restricted or modified ("statutory
rights"). Petra does not exclude any such statutory rights,
but excludes all other conditions and warranties specified
or implied by custom, law or statue.
To the extent permitted by law:
All information and materials on the site is provided
"as is" and without warranty of any kind, express
or implied;
All implied warranties as to merchantability and fitness
for a particular use or purpose are excluded;
Petra and its information providers make no warranty
as to the reliability, accuracy, timeliness, usefulness or
completeness of any information or materials on the site;
Petra makes no warranties in respect of human or machine
errors, omissions, delays, interruptions to access to the
site, or losses including but not limited to loss of data;
and
Petra makes no warranties that files and/or data available
for downloading from the site, or the server transmitting
information and materials to you, will be free of infection,
viruses or other code that manifest contaminating or destructive
properties.
Further, Petra's liability for the breach of any warranty
or condition which cannot by law be excluded shall, at Petra's
option, be limited to the following:
In the case of services supplied by Petra:
the supply of the services again; or
the payment of the cost of having the services supplied
again; and
In the case of goods supplied by Petra:
the replacement of the goods or the supply of equivalent
goods;
the payment of the cost of replacing the goods or the
supply of equivalent goods; or
the payment of the cost of having the goods repaired.
Under no circumstances (including but not limited to any
act or omission on the part of Petra, its servants or agents)
will Petra or its associated companies be liable for any indirect,
incidental, special and/or consequential damages or loss of
profits whatsoever which result from any use of or access
to, or inability to use or access the site or any information
and/or materials contained on the site.
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LINKS
Access to any site which may be reached
via the hyperlinks on this page ("linked site")
is subject to any notices, including but not limited to copyright
notices, which may appear throughout the linked site.
Accessing a linked site from this page does not expressly
or impliedly constitute any guarantee, undertaking or warranty
on the part of Petra as to the accuracy, completeness, copyright
status or up to date nature of the information contained on
the linked site. Petra will not be liable to the reader or
any third party for losses, costs, damages or other expenses
incurred as a result of such access and the use of any information
contained on a linked site.
The ability to access a linked site does not:
(a) constitute express or implied authority to infringe copyright
in any material contained on the linked site; and/or
(b) imply any connection, sponsorship or affiliation between
the linked site and this site or Petra.
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PRIVACY STATEMENT
This policy sets out how Petra treats
personal information that Petra collects and receives, including
information related to your use of the site.
Personal information means any information about you which
is personally identifiable, such as your name, address, email
address, or telephone number, and that is not otherwise publicly
available.
We will only use your email address and other personal information
for the purpose for which you have provided it, such as subscribing
to our newsletter or for the purposes of delivering orders
made by you, and such information will not be added to a mailing
list other than the list maintained by Petra to notify you
of upcoming events and programs. We will not use your personal
information for any other purpose and will not disclose such
information without your consent.
We also take care to ensure that any personal information
provided to us is stored in a secure manner, and we take reasonable
steps to protect it from misuse, loss, and unauthorised access,
modification and disclosure.
If you have any queries regarding Petra's privacy policy,
please do not hesitate to contact us.
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GENERAL
This agreement, the site and all services
and products supplied by Petra are governed by the laws of
the state of Victoria, Australia. You irrevocably submit to
the jurisdiction of the courts of that State and country.
If any provision of this agreement is found to be invalid
or unenforceable by a court of law, such invalidity or unenforceability
shall not affect the remainder of the agreement which shall
continue to have full force and effect.
The waiver by Petra of a breach of these terms and conditions
by you shall not be construed as a waiver of any other breach
of these terms and conditions by you and shall not in any
way restrict Petra's right to exercise its rights pursuant
to this agreement in respect of any other breach of these
terms and conditions.
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