Rivagessence


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE RIVAGESSENCE WEB SITE.

This Web site (the “Site”) and all other Web Sites owned, operated or maintained directly or indirectly by Rivagessence, www.rivagessence.com.au (the “Rivagessence Site”) are provided by Rivagessence, which has an exclusive sole agency of the Rivage in Australia and New Zealand and is a component of Rehman Imports & Exports ABN No. 27486174593, and/or its affiliated companies (collectively “Rivagessence”) for your information, personal entertainment and non-commercial enjoyment, subject to these Terms and Conditions of Use and all modifications hereto, in addition to all applicable laws and any other policies that may be posted from time to time on the Rivagessence Site applicable to your use of the Rivagessence Site (as amended by Rivagessence from time to time, the foregoing being collectively referred to as the "Terms and Conditions").

By using the Rivagessence Site, you are deemed to have agreed to these Terms and Conditions. If you do not agree with these Terms and Conditions, you do not have the right to access or otherwise use the Rivagessence Site and, accordingly, you should not do so. Rivagessence may change these Terms and Conditions at any time, with or without cause, and without actual notice to you. Such changed Terms and Conditions shall be posted on the Rivagessence Site. You should check these Terms and Conditions periodically for changes prior to using the Rivagessence Site. By using the Rivagessence Site following any modifications to these Terms and Conditions, you agree to be bound by any such modifications.

By using the Rivagessence Site, you agree to defend, indemnify, and hold harmless Rivagessence, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorney's fees and expenses, arising in any way from or in connection with your use of the Rivagessence Site or any service available on or through the Rivagessence Site, the up-loading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorised by you, infringement of any Rivagessence Proprietary Material, or any violation of these Terms and Conditions, our Privacy Policy or any other policy posted from time to time on the Rivagessence Site applicable to your use of the Rivagessence Site, by you.

VISITORS TO THE Rivagessence Site AGREE THAT THEIR USE OF THE Rivagessence Site IS AT THEIR OWN SOLE RISK. THE Rivagessence Site IS PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, Rivagessence (INCLUDING ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE Rivagessence Site; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Rivagessence ALSO MAKES NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED Site AND Rivagessence HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH Site. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE Rivagessence Site MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. Rivagessence AND ITS AFFILIATES DO NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE Rivagessence Site BY ANYONE OTHER THAN AUTHORIZED Rivagessence EMPLOYEES ACTING IN SUCH CAPACITY.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE Rivagessence Site, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE Rivagessence Site, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. Rivagessence DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE Rivagessence Site WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE Rivagessence Site WILL BE UNINTERRUPTED OR ERROR-FREE.

Rivagessence DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE Rivagessence Site. YOU (AND NOT Rivagessence OR ANY OF ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL Rivagessence OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE Rivagessence Site, EVEN IF Rivagessence SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE Rivagessence Site. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Rivagessence’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING Rivagessence’s LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).


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