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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