Terms of Use

Last updated: 23 August, 2021

Welcome to Cephyra, which is operated by Chemist Leaf Pty (ACN 658‍857‍802) (we, us or our).  The website operates as an ecommerce store for our products and services (our Products and Services), and also to provide you with information about our Services.

Questions about these Terms of Use can be submitted to us using the contact form available on our website.

1. Services
   • By using the website, each visitor (you, your) agrees to be bound by these terms of use (Terms of Use). Please read them carefully.  Your use of the website indicates your acceptance of these Terms of Use, as does your purchase of any of our Products and Services via the website.
   • We may vary these Terms of Use from time to time and we will publish the varied terms on the website. It is your responsibility to check the website periodically for changes and your continued use of the website following any changes indicates your acceptance of the changes. Your continued purchase and/or use of our Products and Services following any changes indicates your acceptance of the changes. The date of the policy’s latest revision will be published on this page.
   • You can only use and access the website to the extent you are legally able to do so in your State, Territory and/or country and you must also be over 18 years of age (or the age of majority in your location). Alternatively, if you are under 18 your parent and/or legal guardian can access and use the website on your behalf.
   • By using the website, you warrant that you meet any eligibility criteria set out in these Terms of Use.
   • We reserve the right to prohibit anyone from using the website for any reason.
   • You must use the website and our Products and Services for lawful purposes and in a way which does not infringe the rights of any third party or restrict or inhibit anyone’s use of the website and/or our Products and Services.
2. Account registration and accurate information
   • You can browse the website without creating an account, however, sometimes we may require you to create one to place an order and/or access certain functions of the website, including purchasing our Products and Services (Account).
   • Where you create an Account, you are responsible for maintaining the confidentiality of your password and registration attached to your Account and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security.
   • If you would like to delete your Account for any reason, please contact us using the contact form on our website.
   • You agree to provide current, complete, and accurate order and account information for all purchases made at our store, including when registering an Account. You agree to promptly update your Account and/or any other necessary information, including your email address, delivery address and payment methods (including expiration dates), so that we can complete your orders and contact you as needed.
3. Privacy

Your use of this website and/or our Products and Services may involve the transmission to us of certain personal information (as that term is commonly defined under privacy laws and regulations). Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (that you can access on the website), which is incorporated into these Terms of Use.

4. No medical advice
   • This website is not intended to provide any medical opinion, advice, diagnosis or treatment. All information found on the website is general in nature and is not intended to diagnose, treat, cure or prevent any disease or other medical condition.
   • Always seek the guidance of your doctor and/or other qualified health professional with any questions you may have regarding your health or a medical condition.
   • To the fullest extent permitted by law, we do not give any express or implied warranties and makes no representations in relation to the accuracy, completeness or reliability of information on this website.
5. Prices and GST
   • Prices on our website are:
     • in Australian Dollars;
     • exclusive of any applicable taxes, including GST;
     • exclusive of any shipping and delivery costs; and
     • are subject to change without notice in our sole discretion, unless expressly stated otherwise.
     • We reserve the right at any time to modify or discontinue all or part of our Products and Services notice at any time.

6. Payments and refunds and replacements under law
   • Payment for all Products and Services must be by credit or debit card or any other payment method listed on the checkout page of the website. Your payment method will be billed as soon as your order is placed.
   • All online debit/credit card transactions performed on the website are through secured payment gateways. All payment information is collected and stored by the third-party operators of the secured payment gateways, to be processed as required. We never permanently store complete debit/credit card details.
   • Complete debit/credit card details cannot be viewed by us or any outside party.
   • We will provide a refund or replacement where we are required to do so by law. Where you contact us regarding a refund or replacement, we reserve the right to request photographs or other reasonable evidence from you of, or in relation to, any Products and Services in question.
7. Deliveries
   • We will send any purchased Products and Services to you using third party freight and delivery companies (such as Australia Post and/or other courier services). If we make any representation in relation to time of delivery, such representation is an estimate only and, to the extent permitted by law, we are not liable to you for any delay in delivery.
   • We are also not liable to you, to the extent permitted by law, in relation to any lost, incomplete or erroneous deliveries, including where you have failed to provide us with accurate details and/or failed to update your details (including your name, email and/or delivery address). Where you notify us of any delayed, lost, incomplete or erroneous deliveries, we will provide you with reasonable assistance as may be necessary.
8. Acceptable use

You must not:

• copy, modify, or create derivative works based on the content available on the website;
• infringe the intellectual property rights, privacy or confidentiality of any third party;
• engage in any activity that may result in injury, death, property damage, and/or liability of any kind; or
• post or transmit any unauthorised material, including material that is (in our opinion) offensive, inflammatory, defamatory, racist, obscene or threatening.

9. Intellectual property rights
   • We own, or are the licensee of, the intellectual property rights in the content available on the website, including text, graphics, photographs, logos, icons, sound recordings and software. These Terms of Use do not transfer any intellectual property rights from us to you or any third parties.
   • You must not (without our consent):
     • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the content or material downloaded from the website; or
     • use our name, logo, graphics, and logos which appear on the website.

10. Third party products and linked websites
    • We may use third party products and services in our provision of this website and our Products and Services to you (Third Party Products). You acknowledge that:
      • your use of, and access to, such Third Party Products may be subject to additional fees and separate terms issued by the supplier of such Third Party Products (Third Party Supplier), which will form a separate agreement between you and the relevant Third Party Supplier;
      • we make no representations or warranties in relation to, and do not accept liability for, any such Third Party Products; and
      • we may suspend your use of, or access to, the Third Party Products at any time, including on request from the Third Party Supplier.
    • The website and our Products and Services may contain links to third-party websites, products, and services. We do not make any representations or warranties in relation to, and we exclude all liability from, such third party websites, products and services.
11. Warranties and Liability
    • Your use of our website and Products and Services is entirely at your own risk. None of the information and/or materials provided through our website and/or our Products and Services, or otherwise by us, is in the nature of advice.  Information and/or materials provided through the Products and Services is general in nature and subject to change and we have no obligation to verify and/or update such information or materials.
    • We do not provide warranties of any kind in relation to the website, our Products and Services. To the fullest extent permitted by law, and except where otherwise set out in these Terms of Use:
      • we expressly disclaims all warranties, express or implied, of any kind with respect to the website and the Products and Services, including without limitation that the website will be uninterrupted or error-free or with regard to the results that may be obtained from the use of the website, or use of the information, content, service, or products provided through the website; and
      • we, our directors, officers, employees and representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the website and/or our Products and Services.
    • To the extent permitted by law the website and our Products and Services and all third party content available to you through the website and our Products and Services are provided “as is” and “as available” for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for use and/or a particular purpose, guarantee of a particular result or outcome, title, and non-infringement.
12. Maintenance

We may at any time and without notice, modify, suspend or terminate the operation of, or access to the website, or any part of, for any reason, to interrupt the operation of the website, or any part of, as necessary to perform maintenance, error correction or other changes.

13. General
    • Nothing in these Terms of Use will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
    • These Terms of Use contain the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.
    • Any failure by us at any time to enforce these Terms of Use or any rights will not be a waiver of such rights or affect the validity of these Terms of Use.
    • If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.
    • These Terms of Use are governed by, and construed in accordance with, the laws of New South Wales, Australia and the courts of the jurisdiction will have exclusive jurisdiction over any dispute arising out of these Terms of Use.