TERMS AND CONDITIONS
CocoLee.com.au
Terms & Conditions of Coco Lee Website
ABN: 2630151120
The following Terms and Conditions govern the use of the Coco Lee Website ("Site"), the materials and information contained therein and related services made available to you via this Site. By clicking on the "I Accept" button below you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not visit or use the Site. Coco Lee may from time to time change this Site (including these Terms & Conditions of use). Please read these Terms and Conditions and re-read before subsequent use. In the event of change(s) to these Terms and Conditions that you do not agree with you must immediately stop using the Site.
General Disclaimer
Coco Lee, its representatives and associated agents are not liable to you or any other for any loss in connection with the use of this Site or a Linked Web Site. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Exclusion of Liability and Overall Disclaimer
The materials and information provided on this Site and related communications are provided on an "as is" basis. Coco Lee assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. Any reference to products or services on this Web site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Coco Lee. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), Coco Lee expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site. Coco Lee shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Coco Lee is expressly advised of the possibility of such loss or damages.The Terms and Conditions are effective until terminated by Coco Lee and Coco Lee may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.
Fashion Marketplace Terms of Use.
These terms are effective January 1st, 2009.By accessing the Fashion Marketplace on COCOLEE.com.au you are agreeing to the following terms, which are designed to make sure that Coco Lee works for everyone.
Using Fashion Marketplace. As a condition of your use you agree that you will not:
• violate any laws;
• post any threatening, abusive, defamatory, obscene or indecent material;
• be false or misleading;
• infringe any third-party right;
• distribute or contain spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Coco Lee or the interests or property of Coco Lee users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of Coco Lee;
• copy, modify, or distribute any other person's content without their consent;
• use any robot spider, scraper or other automated means to access Coco Lee and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to Coco Lee.
You are solely responsible for all information that you submit to Coco Lee and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.
Abusing Fashion Marketplace. Coco Lee and the Coco Lee community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us at customercare@cocolee.com.au
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Coco Lee if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Coco Lee or not, we do not accept any liability for monitoring Coco Lee or for unauthorized or unlawful content on Coco Lee or use of Coco Lee by users.
Infringement. Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on Coco Lee by private individuals in Australia. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Coco Lee.
Liability. Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Fashion Marketplace comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Fashion Marketplace on Coco Lee, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
