THE CULTIVATED ("Company" or "We") respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website http://www.thecultivated.com.au/ (the "Website") and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
on the Website;
in e-mail, text and other electronic messages between you and the Website;
through any mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and the Website;
when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy; and
It does not apply to information collected by:
Company offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
CHILDREN UNDER THE AGE OF 13
The Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or register on the Website, make any purchases through the Website, use any of the interactive or public comment features of the Website, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect several types of information from and about users of the Website, including information: by which you may be personally identified, such as name, postal address, e-mail address or telephone number ("personal information”); that is about you but individually does not identify you, such as behaviour and usage details on the Website; and/or about your internet connection and the equipment you use to access our Website.
We collect this information: Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons, and other tracking technologies.
From third parties, for example, our business partners.
INFORMATION YOU PROVIDE TO US
The information we collect on or through our Website may include: information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, subscribing to our services, posting material or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Website;
records and copies of your correspondence (including e-mail addresses), if you contact us;
your responses to surveys that we might ask you to complete for research purposes;
details of transactions you carry out through the Website and of the fulfilment of your orders. You may be required to provide financial information before placing an order through the Website; and your search queries on the Website;
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorised persons.
USAGE DETAILS, IP ADDRESSES, COOKIES AND OTHER TECHNOLOGIES
As you navigate through and interact with the Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including: details of your visits to the Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website; and information about your computer and internet connection, including your IP address, operating system and browser type.
The information we collect automatically is statistical data, and does not identify any individual. It helps us to improve the Website and to deliver a better and more personalised service by enabling us to: estimate our audience size and usage patterns; store information about your preferences, allowing us to customise our Website according to your individual interests; speed up your searches; and recognise you when you return to the Website.
The technologies we use for this automatic data collection may include:
Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website.
Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail, and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information: to present the Website and its contents to you;
to provide you with information, products or services that you request from us;
to fulfil any other purpose for which you provide it; to provide you with notices about your account/ subscription, including expiration and renewal notices; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; to notify you about changes to our Website or any products or services we offer or provide though it; to allow you to participate in interactive features on our Website;
in any other way we may describe when you provide the information; and for any other lawful purpose.
We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganisation, dissolution or other sale or transfer of some or all of Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about the Website users is among the assets transferred; to third parties to market their products or services to you; to fulfil the purpose for which you provide it. For example, if you give us an e-mail address to use the "e-mail a friend" feature of our Website, we will transmit the contents of that e-mail and your e-mail address to the recipients and for any other lawful purpose disclosed by us when you provide the information.
We may also disclose your personal information: To comply with any court order, law or legal process, including to respond to any government or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
CHANGING OR DELETING YOUR INFORMATION
You may review, update, correct or delete the personal information by contacting us or, if you have an Account, by making edits via the "My Account" section of the Website. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your account in our system, please contact us at firstname.lastname@example.org with "Privacy" as the subject line of the email with a request that we delete your personal information from our database. We will use commercially reasonable efforts to honour your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
By signing up on the Website and providing your personal information, you are expressly consenting to receive communications from us and from anyone that we may provide your
personal information. If you do not agree to these terms, then please do not use the Website. You may choose to stop receiving our newsletter or marketing emails from us by following the unsubscribe instructions included in these emails, or contact us at email@example.com.
ACCESSING AND CORRECTING YOUR INFORMATION
You can review and change your personal information by logging into the Website and visiting your account profile page.
APPLICABLE LAW; JURISDICTION.
We have implemented certain measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration and disclosure, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Terms & Conditions
The Cultivated Group Pty Ltd is not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy or completeness of Content, including without limitation the availability or effectiveness of any product. The Cultivated Group Pty Ltd does not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Services.
Services. Through the Services, you may be able to review Content, upload and download files, register for membership, make purchases, sign up for contests, communicate and establish relationships with other users, and post photographs, video and audio clips, reviews, information, opinions and comments. The Cultivated Group Pty Ltd reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, The Cultivated Group Pty Ltd reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion.
User Generated Content. The Cultivated Group Pty Ltd does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising from any content posted by any user. User Generated Content submitted through the Services is not necessarily reviewed by the The Cultivated Group Pty Ltd prior to posting or at any time. If the Company chooses, in its sole discretion, to monitor any Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.
The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any files, data, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other content and materials, including User Generated Content, accessible on or through the Services. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason at any time. You agree that The Cultivated Group Pty Ltd shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being distributed or posted, or we edit, restrict or remove it. You also agree to permit any other user of the Services and any third- party website on which your User Generated Content may be included, to access, view, store and reproduce such material, including any public portions of your Profile Information, for their individual use.
Certain portions of the Services may offer you the ability to send (by e-mail or otherwise) messages directly to The Cultivated Group Pty Ltd or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of such features or from interception or unauthorised use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Services.
User Disputes. The Cultivated Group Pty Ltd reserves the right – but has no obligation to monitor – disputes between users. In the event a dispute arises between you and The Cultivated Group Pty Ltd or any third party, please e-mail the Company at firstname.lastname@example.org and we will work quickly towards a resolution. The Cultivated Group Pty Ltd will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal third party conduct to local law enforcement.
Ownership and Use of Content. Except as otherwise set forth herein, as between you and The Cultivated Group Pty Ltd, all Content is owned by The Cultivated Group Pty Ltd and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of The Cultivated Group Pty Ltd. Please contact us at email@example.com with any licensing inquiries.
By providing information or posting Content through the Services, you hereby grant the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such Content for any purpose, commercial, advertising, or otherwise, on or in connection with any product, the Services or the promotion thereof. The Cultivated Group Pty Ltd does not assert ownership over your User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of User Generated Content created by you.
Notwithstanding the foregoing, you hereby waive all rights to any claims against The Cultivated Group Pty Ltd for alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting User Generated Content on or through the Services, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company the rights described herein. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company, its parents, affiliates and subsidiaries, together with their respective employees, agents, officers, directors, shareholders and licensees (the “The Cultivated Group Pty Ltd Parties”), from and against any and all threats and claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised any third party against the The Cultivated Group Pty Ltd Parties in connection with your User Generated Content.
Furthermore, you agree to release the The Cultivated Group Pty Ltd Parties from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Services and the use by The Cultivated Group Pty Ltd of User Generated Content provided by you. If at any time you are not happy with any aspect of the Services or you object to any Content, your sole remedy is to cease using them.
Limitation of Use. You agree that you will neither post nor submit any User Generated Content that:
is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offence, gives rise to civil liability or otherwise violates any local, state, national or international law;
violates the copyright, trademark or other intellectual property rights of any other person or The Cultivated Group Pty Ltd; is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services; is for the purpose of spamming or promoting goods or services without our prior authorisation; is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items; contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or is libellous or invasive of privacy or publicity rights or any other third party rights.
Furthermore, you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal data about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, (iii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by The Cultivated Group Pty Ltd, the Services, or their users; or (iv) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user or The Cultivated Group Pty Ltd.
Intellectual Property. The Cultivated Group Pty Ltd and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Except when included in any authorised printouts of the Content, you are not authorised to make use of any names, logos or tag lines posted through the Services, whether or not designated by such symbols, including without limitation as metatags or in any other fashion without the express prior written permission of the Company in each instance. Nothing herein grants you any right, title or interest in any The Cultivated Group Pty Ltd names, trade names, trademarks, service marks, tag lines, logos, patents, patent applications, formulas, technology or designs (whether or not the subject of a patent application) (together, “The Cultivated Group Pty Ltd IP”). At no time during or after the term of this Agreement shall any user, either directly or through any third party or agent (i) challenge or assist others to challenge the The Cultivated Group Pty Ltd IP or the registration thereof; (ii) attempt to use or register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the The Cultivated Group Pty Ltd IP, or domain names incorporating any of the same; or (iii) incorporate any The Cultivated Group Pty Ltd IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any The Cultivated Group Pty Ltd marks, names or designations by operation of law or otherwise, you will immediately upon request from The Cultivated Group Pty Ltd, and at no expense to The Cultivated
Group Pty Ltd, assign such rights, registrations and applications to The Cultivated Group Pty Ltd or its designee.
Registration and Security. In connection with your use of the Services, you may establish or otherwise receive The Cultivated Group Pty Ltd user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the Services.
You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms (“Registration Information”) and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorise The Cultivated Group Pty Ltd, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. The Cultivated Group Pty Ltd reserves the right to vigorously pursue legal actions against all persons who misrepresent personal information in any transactions or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that The Cultivated Group Pty Ltd cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.
You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilising your User Codes, and that The Cultivated Group Pty Ltd has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that The Cultivated Group Pty Ltd shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold The Cultivated Group Pty Ltd harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify The Cultivated Group Pty Ltd if you become aware of any loss or theft of your User Codes or any unauthorised use of your User Codes. The Cultivated Group Pty Ltd reserves the right to block your User Codes for any reason.
For your protection, The Cultivated Group Pty Ltd may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet or any data network is secure, or that such transmissions will be free from delay, interruption, interception or error.
Site Transactions. Products offered through the Services are offered subject to availability. While we do our best to ensure that product and pricing information is current and complete, The Cultivated Group Pty Ltd is not liable for inaccurate information or for any information that has been omitted or is out of date. Prices for products are quoted in AUD dollars and are valid only in Australia. The Cultivated Group Pty Ltd may, from time to time, offer promotions for shipping and other discounts on product purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By entering into any transaction through the Services, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Services. Furthermore, you warrant and represent that you are not a dealer, reseller or distributor. If, in our sole discretion, we determine that (a) your means of payment is not valid, (b) a
transaction is not authorised, (c) your means of payment cannot be processed or verified at the time of any charge (d) a charge is disputed for any reason other than failure by The Cultivated Group Pty Ltd to deliver the product purchased by you, (e) you have abused or misused promotions or promotion codes, or (f) you have otherwise used the Services to enter into an improper transaction, the Company reserves the right to immediately terminate any pending transactions, suspend your access to the Services, and terminate all of The Cultivated Group Pty Ltd’s obligations hereunder. In addition we reserve the right to charge you an administrative processing fee equal to 10% of the total billable amount, which charge you hereby authorise by entering into a transaction through the Services.
Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless (x) you notify The Cultivated Group Pty Ltd within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (y) that you have made reasonable, good faith efforts to resolve such dispute with The Cultivated Group Pty Ltd directly, and such efforts have failed. You can e-mail details regarding your dispute to firstname.lastname@example.org.
Prices and Payments. You agree to pay all charges and fees applicable to your transaction, including without limitation, sales taxes and shipping and handling, in accordance with the billing terms that were in effect at the time the charges or fees became payable. The Cultivated Group Pty Ltd reserves the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you).
Returns. The Cultivated Group does not exchange or refund for changed of mind, we only exchange or refund on faulty items, No exchange or refund applies to gift vouchers. For faulty items refund / exchange, the item must be posted back to The Cultivated Group Pty Ltd, must be accompanied with a valid receipt, All returns must be made within 7 days from purchase. Where the product is unused and still in its original packaging The Cultivated Group Pty Ltd will investigate the return and determine if a refund or an exchange is given. Refund or exchange will be given to the customer the same method of payment as the initial purchase.
Where the product has been used, NO refund will be given only an exchange of the exact same item. The Cultivated Group Pty Ltd is committed to its obligations to consumers under Consumer Law. Each request for an exchange or refund will be dealt with on its merits in accordance with The Cultivated Group Pty Ltd’s legal obligations.
Please note: Due to hygiene reasons Sea Sponges and Exfoliating product cannot be returned.
Payment Options. To pay for your order, we accept credit card, MasterCard or Visa & After-pay. For security purposes, you're billing name and address must match the credit card information used for payment.
Promotional Codes From time to time, we will reward our customers with special promotional offers via email. These offers are available for a limited time only and expire on the date communicated. Promos cannot be combined unless specified. Upon checkout, please be sure to enter the promotion code exactly as it appears in the communication. We offer Free Registered Shipping for all orders over $120 Australia wide only, If you require Express Shipping you will be charged the extra $10. To Receive 'Free Shipping' it cannot be used in conjunction with any other offer. If you experience any difficulty taking advantage of a promotion, we welcome you to contact us via email at email@example.com.
Sales Tax. In compliance with Australian law, all prices are GST inclusive. The Cultivated Group Pty Ltd is not liable for any import duty or taxes for international shipping. If Duties and Taxes are not paid by the customer and item is sent back to us for this reason, item will not be posted back to
customer nor will it be refunded or replaced. International orders, customer takes full responsibility to pay all taxes and duties that may be incurred.
Availability. Not all of the Services are available in all geographic areas, and we reserve the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject The Cultivated Group Pty Ltd or its licensees or affiliates to any registration requirement within such jurisdiction or country.
NO WARRANTY. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORISED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THEIR PROPERTY ARISING FROM USE OF THE SERVICES OR THE CONTENT. The Cultivated Group Pty Ltd SHALL NOT BE RESPONSIBLE FOR SHIPPING OR FULFILMENT DELAYS, THE CANCELLATION OF ANY TRANSACTION OR THE UNAVAILABILITY OF ANY PRODUCT.
TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE PRODUCTS, SERVICES AND CONTENT ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW , THE CULTIVATED PTY LTD PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ANY OF THE The Cultivated Group PTY LTD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IF YOU ARE DISSATISFIED WITH THE SERVICES, FULFILMENT OF ANY ORDER, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY OF THE The Cultivated Group PTY LTD PARTIES RELATED TO THE SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF