About these Terms
This website is owned and operated by Running on Sunshine Pty Ltd (ABN 37 635 758 440), which trades as Chasing Sunshine Sydney™ (Chasing Sunshine, we, us or our). We also maintain social media accounts including Facebook, Instagram, Pinterest and Twitter.
Any information or content published on this website or our social media accounts must be read subject to these terms
You may only use this website and our social media accounts in accordance with these terms and any applicable law. If you do not accept these terms, you must refrain from using this website and our social media accounts, including by making any purchase through any of them.
We may vary these terms. Please refer to this page from time to time to refresh your understanding of these terms and review any new information.
Access and use
You must only use this website through the interfaces provided by us.
You must not (or attempt to) engage in any activity that is disruptive or is detrimental to the operation or functioning of this website or our social media accounts, including to:
- interfere with or disrupt this website or the servers or networks that host it;
- use data mining, robots, screen scraping or similar data gathering and extraction tools;
- interfere with security-related or other features;
- interfere with other users, or defame, harass, threaten or bully any person, or inhibit any other person from using this website or accessing our social media accounts;
- publish obscene, indecent, discriminatory or inflammatory materials; or
- commit or encourage any criminal offence.
You must not link to any webpage of this website or any of our social media accounts in a way that damages or takes advantage of our reputation, including in a way:
- to suggest or imply that you have any kind of association or affiliation with us, or approval and endorsement from us when there is none; or
- in a way that is illegal or unfair.
We do not warrant that this website or our social media accounts will be available at all times and without disruption.
We may, in our sole discretion, prevent you from accessing this website or block you from our social media accounts if we believe you have violated or acted inconsistently with these terms.
Use of this website and downloading of data is at your own risk. We will not be liable for any damage, including damage to any data files, hardware and/or software, arising as a result of such an action except to the extent required by law.
If you submit content to our social media accounts, including through any user reviews, ratings and forums, you warrant that you have:
- the permission of any person appearing or referred to in the content to submit it to the social media account and for his or her image or likeness to be subject to these terms, including use by us; and
- the right to submit the content (including copyright), and that the content is your own original creation; and that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968 (Cth).
To access some features of this website, you may be required to register an account with us. To register for an account, you may be required to provide us with accurate and current personal information including your name, address, telephone number and email address. You must not register more than one account or register an account using false information.
You may only create an account if you are at least 13 years of age, and must obtain your parent or guardian’s permission if you are under 16 years of age.
You are solely responsible for the activity that occurs on your account (including orders placed through it), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account, including if you fail to keep your account login information secure.
You must not use another person’s account without his or her express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, please contact us immediately and take immediate steps to re-secure your account (including by changing your password).
Information on this Website and our Social Media Accounts
You must make your own assessment of the suitability and appropriateness of the products, services and information contained in this website and our social media accounts.
We own or are licensed to use all material and intellectual property rights, including information, text, data, graphics, images, logos, trade marks and copyright works, associated with this website or published by us on our social media accounts. You must not reproduce, republish, transmit, incorporate or distribute any such material in any way without our written permission.
Nothing contained on this website or our social media accounts should be construed as granting any licence or right to use any intellectual property in it. We reserve all rights to enforce our intellectual property rights to the fullest extent of the law.
Any communication or material you transmit to this website or any of our social media accounts, including any data, questions, feedback, comments or the like is non-confidential and will become our property and may be used for any purpose, including reproduction, disclosure, transmission, publication, broadcast and posting without further reference or payment to you. We may use for any purposes (including developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you transmit to this website or our social media accounts.
Links on this website and our social media accounts may lead to other websites and these links are provided for convenience only. The inclusion of links to and from any other website in no way constitutes an endorsement of, and we provide no warranties in relation to, the content, actions or policies of that website.
We may, at any time, add or remove content from this website or our social media accounts without notice.
Disclaimer and Liability
This website and information on our social media accounts is provided for personal and domestic use only by residents of Australia. The information on this website and our social media accounts may not be appropriate or available for any location outside of Australia. To the extent any offers, products or services made available or communicated through this website or our social media accounts are prohibited by applicable law of the jurisdiction in which you are located, they are void. Products and services referred to on this website or our social media accounts may not be available from time to time in particular jurisdictions or generally.
Although we make reasonable efforts to update the information on this website and our social media accounts, we make no representations, warranties or guarantees, whether express or implied, that the content on this websites is accurate, complete or up-to-date.
The Competition and Consumer Act 2010 (Cth) and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on this website, which cannot be excluded, restricted or modified. We do not exclude them but do exclude all other conditions and warranties implied by custom or law.
To the extent permitted by law, we exclude all liability to you or anyone else for loss or damage arising out of or in connection in any way to this website and our social media accounts including (but not limited to) loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies;
- you acting or not acting, on any information contained on or referred to on this website, our special media accounts and/or any linked website;
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from this website or our social media accounts;
- any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through this website or our social media accounts by any third party; and/or
- the quality of any product or service of any linked website.
In no event shall we be liable for any loss or any special, incidental or consequential damages arising out of or in connection with this website or goods sold on this website (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we have no responsibility for the legality of your actions.
Governing Law and Jurisdiction
These terms and your use of this website are governed by the laws of New South Wales, Australia. However, your use of this website is also subject to any other laws that apply this website or the Internet generally. If you access this website from locations outside of Australia, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
By using this website and our social media accounts, you agree to submit to the exclusive jurisdiction of the courts of, and Commonwealth courts having jurisdiction in, New South Wales, Australia and waive any right to object to proceedings being brought in those courts on the basis that proceedings have been brought in an inconvenient forum.
If you have any questions in relation to this website, our social media accounts or these terms, please contact us at firstname.lastname@example.org.
Last updated: 22 November 2020