1 INTRODUCTION

(a) These terms and conditions (Terms) apply when you use this website, www.soulavita.com (Website).

(b) You agree to be bound by these Terms which form a binding contractual agreement between you and us, Maindok, Estelle trading as Soulavita ABN 11 945 805 161 (our, we or us).

(c) If you don’t agree to these Terms, you must refrain from using the Website.

(d) We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

2 ACCESS AND USE OF THE WEBSITE

 You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

3 YOUR OBLIGATIONS

 You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing goods;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

4 INFORMATION ON THE WEBSITE

While we will use our best endeavours to ensure the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

(a) the Website may have errors or defects;

(b) the Website may not be accessible at times;

(c) messages sent through the Website may not be delivered promptly, or delivered at all;

(d) information you receive or supply through the Website may not be secure or confidential; or

(e) any information provided through the Website may not be accurate or true.

 We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

5 INTELLECTUAL PROPERTY

(a) We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.

6 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

7 SECURITY

 We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

8 REPORTING MISUSE

 If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

9 PRIVACY

 You agree to be bound by our Privacy Policy, which can be found here.

10 LIABILITY

 We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we each exclude each other from any liability that may arise due to your use of our Website and/or the information or materials contained on it.

11 GENERAL

11.1 GOVERNING LAW AND JURISDICTION

 This agreement is governed by the law applying in Western Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

11.2 WAIVER

 No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

11.3 SEVERANCE

 Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

11.4 JOINT AND SEVERAL LIABILITY

 An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

11.5 ASSIGNMENT

 A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

11.6 ENTIRE AGREEMENT

 This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

11.7 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation;

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.

1. INTRODUCTION

(a) This document sets out the Cookies Policy of Maindok, Estelle trading as Soulavita ABN 11 945 805 161 (referred to in this cookies policy as ‘we’, ‘us’, or ‘our’).

(b) This Cookies Policy applies when you use our website accessible at www.soulavita.com (“Website”) and describes the types of cookies we use on our Website, how we use them, and how you can control them.

(c) We may update this Cookies Policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current Cookies Policy.

2. TYPES OF COOKIES WE USE

A cookie is a small file that’s stored on your computer or device when you visit a website that uses cookies. We may use several different cookies on our Website, for the purposes of website functionality, performance, advertising, and social media or content cookies. Cookies enhance your experience on our Website, as it allows us to recognise you, remember your details and preferences (for example, your log-in details), and provide us with information on when you’ve visited and how you’ve interacted with our Website.

The below table sets out the type of cookies we may collect on our Website.

Strictly Necessary Cookies Certain cookies we use are essential for the proper functioning of our Website, without which our Website won’t work or certain features won’t be accessible to you. For example, we may need to remember data you’ve inputted from one page to the next in a single session.

Performance Cookies Performance cookies collect information about your use of the Website to help enhance the services we provide to you. We collect information about how you interact with the Website, including the pages you visit and the frequency of your visits. This information helps us identify patterns of usage on the site, collect analytics data, identify issues you may have had on the Website, make changes to enhance your browsing experience, and analyse if our marketing is effective and relevant to you.

Functional Cookies We use functional cookies to improve your experience on our Website and make things more convenient for you. These cookies personalise your experience on our Website based on your preferences, by remembering your details such as your login details or region.

Security cookies are a type of functional cookie, which assist with website and user account security. Load balancing session cookies are used for the duration of the session to distribute user requests across multiple servers to optimize website speed and capacity. We may also use user interface customization persistent cookies to store a user’s preferred version of our Website, such as font and language preferences.

Advertising cookies Advertising cookies are used on our Website to provide you with targeted marketing materials in accordance with your interests and preferences. These cookies remember that you visited our Website, and we may provide this information to third-parties. These cookies usually cannot personally identify you, so your anonymity is typically secured. These cookies ensure that advertisements displayed to you are things that may be of interest to you.

Content cookies Content cookies are placed by many social media plugins (like plugins that allow you to share content on Facebook), and other tools to enhance the content displayed on a website (for example, services that allow the playing of video files). We integrate these plugins into our Website to improve usability and customer experience. Some of these third party services may place cookies that are also used for the purposes of behavioural advertising or market analysis.

3. HOW LONG WILL COOKIES REMAIN ON MY DEVICE?

The amount of time that a cookie remains on your computer or device depends on the type of cookie – cookies are either “persistent” or “session” cookies. Persistent cookies last until they expire or are deleted, so they may remain on your device for as little as 10 minutes to several years. Session cookies last until you stop browsing, so just for the relevant session.

4. HOW DO THIRD PARTIES USE COOKIES ON THE WEBSITE?

We may use third party analytics cookies to collect information about your interaction with our Website. We also may use Google Analytics and other third-party analytics providers to help process data. To find out more, see How Google uses data when you use our partners’ sites or apps.

5. HOW DO I CONTROL COOKIES?

(d) Usually, you can control and manage cookies through your browser. You can control whether or not your browser accepts cookies, how to filter and manage cookies, and how to delete cookies at the end of a session.

(e) If you remove or block cookies, this may negatively impact your experience of our Website and you may not be able to access all parts of our Website.

(f) Many third party advertising services allow you to opt out of their tracking systems, by giving you the opportunity to opt out by way of a pop-up before downloading cookies to your device.

CONTACT US

 For further information about our Cookies Policy or practices, please contact us using the details set out below:

 Name: Estelle Maindok

 Email: wellness@soulavita.com

 Our Cookies Policy was last updated on 29 January 2024.