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Terms of Use

Updated March 2023
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Welcome to the Serenity pH website. By using the Website you agree that your use of the Website is subject to these terms of use. Please read them carefully. Serenity pH may from time to time amend these Terms of Use without prior notice.
Serenity pH reserves the right to, at any time:
  • amend, update, change or remove any part of this Website;
  • suspend or restrict your access to this Website if you are in material breach of these Terms of Use; and/or
  • stop or suspend the operation of this Website.

 

General Disclaimer

 

You acknowledge and agree that:

  • This website and its contents are provided to you on an "as is" basis;

  • information on this Website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and

  • answers provided to questions published on this Website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.


 

Except to the extent required by law

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  • Serenity pH makes no representations or warranties of any kind as to the operation or availability of this Website or the information, content or materials included on this Website, and all implied representations or warranties in relation to the operation or availability of this Website or the information, content or materials included on this Website are excluded; and

  • Serenity pH is not liable for any loss suffered by you in connection with the unavailability of this Website and/or the use of this Website or any linked website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information.

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

 

Copyright

 

This Website and its contents are subject to copyright. The copyright is owned by Serenity pH, or in the case of some material, third parties.

You may view this Website and its contents using your web browser and electronically copy and print hard copies of parts of this Website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth), any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this Website is prohibited.

 

Trade Marks

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Nothing contained in this Website shall be construed as granting any license or right to use any trademark displayed on this Website.

 

Mode of Access

 

In order to use this Website, you will need internet access, devices and systems which are compatible with this Website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). Serenity pH has no obligation to make this Website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this Website.

 

Third Party Websites

 

This Website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. Serenity pH is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. Serenity pH will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.

 

Cookies

 

Cookies are small pieces of information that your web browser stores on your computer’s hard drive. Serenity pH may use cookies to gather data in relation to this Website. You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this Website.

 

Viruses

 

You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Except to the extent otherwise required by law, Serenity pH will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this Website.

 

Material Submitted By You

 

These Terms of Use govern your conduct associated with the Customer Ratings and Review service (the "CRR Service") offered by Serenity pH Pty Ltd (ABN 45 640 961 084) (“Serenity pH”). To the extent of any conflict between Serenity pH’s Serenity pH’s Privacy Policy and these Terms of Use, these Terms of Use shall prevail with respect to the CRR Service.

1. By submitting any content to Serenity pH, you represent and warrant that:

  • you will only submit content that is your original content and of which you are the sole author and owner of all intellectual property rights or, where the content is adapted from existing content, you have obtained all consents and licenses from third parties necessary for the submission and display of the content as envisaged by these Terms of Use;

  • All "moral rights" that you may have in such content have been voluntarily waived by you; and

  • All content that you post is true, accurate and not misleading or is a genuine statement of your opinion.

2. You further agree and warrant that you shall not submit any content:

  • That is known by you to be false, inaccurate or misleading;

  • The submission of which by you, or use of which by Serenity pH, will infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

  • The submission of which by you, or use of which by Serenity pH, will violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, misleading & deceptive conduct or false advertising);

  • That is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive, inappropriate, unlawful, threatening or harassing to any individual, partnership or corporation;

  • For which you were compensated or granted any consideration or payment by any third party (including, without limitation, your employer);

  • That includes any information that references other websites, addresses, email addresses, contact information, personal information (other than your own) or phone numbers;

  • That contains any form of advertising or promotion for goods or services or spam or other form of unsolicited communication;

  • That contains any computer program, virus, file or code designed to interrupt, harm, destroy, disable or limit the functionality of the Website or any computer software or equipment, or which assists in or enables theft, alteration, denial of service, unauthorised access to, or disclosure, destruction or corruption of, information or data; or

  • that promotes pyramid schemes or chain letters.

3. You agree to indemnify and hold Serenity pH (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, losses, expenses and damages of every kind and nature (including reasonable legal fees), arising out of a breach of these Terms of Use (including your representations and warranties set forth above), or from your violation of any law or the rights of a third party in relation to your submission of content.

4. For any content that you submit, you grant Serenity pH a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without reference or notice to you and without compensation to you.

5. All content that you submit may be used (or not used) at Serenity pH sole and absolute discretion. In addition to its rights provided in Provision 4 above, Serenity pH reserves the right to change, condense or delete any content on the Website that Serenity pH deems, in its sole and absolute discretion, violate the content guidelines or any other provision of these Terms of Use. Serenity pH does not guarantee that you will have any recourse through Serenity pH or the Website to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Serenity pH reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Serenity pH, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Serenity pH, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

6. By submitting your email address in connection with your rating and review, you agree that Serenity pH and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

7. You consent to the publication of your name as the provider of the content submitted by you (if Serenity pH chooses to do so) and you acknowledge the terms of Serenity pH’s Privacy Policy.

 

Notice and Takedown Procedure

 

If you find content on this Website which you think infringes your intellectual property rights or is in breach of these Terms of Use, please notify us via email at sharon@serenityph.com.au. In the email please specify the following information:

  • your name;

  • your address;

  • your phone number;

  • your email address;

  • information to allow us to find the relevant content on this Website;

  • a description of the item or items that you believe is in breach of your intellectual property rights or these Terms of Use, and the reasons for this; and

  • where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).

 

Severability

 

If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use.

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Applicable Law

 

These Terms of Use are governed by the laws of Victoria, Australia. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of Victoria, Australia. Serenity pH makes no representation or warranty that the content of this Website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.

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