Legal
TERMS & CONDITIONS
These terms and conditions ("the Terms") govern the users ("you" or "your") use of the website WWW.HOURBOTTLE.COM ("the Website") and your relationship with HOURBOTTLE whose registered office is at 105a Lygon Street, Brunswick East, 3057, Melbourne, Victoria, Australia ("we", "our" or "us"). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us via hello@HOURBOTTLE.COM
1. AGREEMENT
By using the Website you agree to be bound by these Terms.
2. AMENDMENTS
We reserve the right to:
• Update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
• Modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
3. REGISTRATION/BOOKING ONLINE
You warrant that:
• the personal information which you are required to provide when you register for online bookings is true, accurate, current and complete in all respects; and
• you are not impersonating any other person or entity
You will notify us immediately of any changes to the personal information by e-mailing our reception staff at:
HELLO@HOURBOTTLE.COM
4. PRIVACY POLICY
We will treat all your personal information as confidential.
When you visit this Website, we may ask you to input personal details in order for us to identify you, such as your name, e-mail address, and permanent address. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.
5. COMPLIANCE
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
• any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
• any material which is defamatory, offensive or of an obscene character
6. INDEMNITY
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
7. THIRD PARTY LINKS
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
8. INTELLECTUAL PROPERTY
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
9. LIMITATION OF LIABILITY
Notwithstanding any other provision in the Terms, nothing in these Terms:
• affect or limit your rights as a consumer under Australian law; or
• will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
• incompatibility of the Website with any of your equipment, software or telecommunications links;
• technical problems including errors or interruptions of the Website;
• unsuitability, unreliability or inaccuracy of the Website; and
• failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
10. LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of Australia and any disputes will be decided only by the Australian courts.
11. REVIEWS
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant HOURBOTTLE the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to HOURBOTTLE, including the execution of deeds and documents, at the request of HOURBOTTLE.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to WWW.HOURBOTTLE.COM
1.The content and material is accurate;
2.Use of the content and material you supply does not breach any applicable HOURBOTTLE guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify HOURBOTTLE.COM for all claims brought by a third party against Maskit arising out of or in connection with a breach of any of these warranties.
PRIVACY POLICY
What information do we collect?
Google, as a third party vendor, uses cookies to serve ads on your site. Google’s use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
We also collect anonymous usage information through cookies using Google Analytics.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
Do we use cookies?
Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognise your browser and capture and remember certain information
We use cookies to keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Your Consent
By using our site, you consent to our privacy policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below.
TERMS AND CONDITIONS
• Product Returns policy - If you change your mind about your purchase, please return the unused goods to us with the original till receipt within 14 days and we will offer you an exchange or a credit note. This does not affect your usual consumer rights, including your right to claim a refund, replacement, repair and/or compensation where the goods are faulty or misdescribed.
COPYRIGHT AND TRADE MARKS
2.All content of this site, including text, images, source codes, logos, icons and photos and all other material, is the property of HOURBOTTLE or its content providers and is protected by the Australian and international copyright laws.
3.The site is for personal use only and users may not exploit any part of the content in any way without the written permission of the copyright owner. All rights reserved.
4.Permission is granted to print and electronically copy portions of the HOURBOTTLE.COM site for the sole purpose of placing an order with
HOURBOTTLE.COM or using this website as a shopping resource. Any other use of this website and its materials, including reproduction for purposes other than those noted above, modification, distribution, or republication without the prior written permission of HOURBOTTLE, is strictly prohibited.
5. HOURBOTTLE does not make any warranty or representation in respect of any other trademark and the trademarks of the brands featured on HOURBOTTLE.COM belong to their respective owners.
GENERAL
3.Because of the nature of the Internet, Maskit provides and maintains HOURBOTTLE.COM on an "as is," "as available" basis and makes no promise that use of HOURBOTTLE.COM will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
4.HOURBOTTLE will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communication outages, fire, flood, war or act of God.
5.These Terms do not affect your Statutory Rights as a consumer.
6.This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of HOURBOTTLE.COM or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
7.Subject as aforementioned, to the maximum extent permitted by law, HOURBOTTLE excludes liability for loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such loss arises out of any problem you notify to HOURBOTTLE have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
any incorrect or inaccurate information on maskit.studio;
any interruptions to or delays in updating HOURBOTTLE.COM;
the infringement by any person of any Intellectual Property rights of any third party caused by their use of HOURBOTTLE.COM or any Product purchased through HOURBOTTLE.COM;
any loss or damage resulting from your use of inability to use the HOURBOTTLE.COM website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control;
any loss of profit, wasted expenditure, corruption or destruction of datoss which does not directly result from our error;
any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading HOURBOTTLE.COM, or from transmissions via emails or attachments received from HOURBOTTLE.COM;
all representations, warranties, conditions and other terms which but for this notice would have effect.
8. HOURBOTTLE.COM may change or withdraw any part of HOURBOTTLE.COM, or may refuse you access to the website at any time if we consider it necessary.
9. HOURBOTTLE.COM may also terminate this Agreement and immediately remove, cancel or suspend access to and use of HOURBOTTLE.COM upon breach of any part of these Terms whatsoever.
10. Termination shall be without prejudice to HOURBOTTLE.COM other rights.
11. HOURBOTTLE.COM acts as a principal on its own account and not as an agent for you or any other person.
12. If HOURBOTTLE.COM does not enforce any provision of this agreement such will not be considered a continuing waiver.
13. In the event that any part of these Terms is held to be uninforceable, such part will at HOURBOTTLE.COM option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
14. These Terms constitute the full agreement between you and HOURBOTTLE and may only be amended in writing. They apply to the exclusion of all other Terms or Conditions of contract proposed.
15. Use of HOURBOTTLE and these Terms are subject to Australian Law and the jurisdiction of Australian Courts.