August Lashes website https://www.augustlashes.com.au/ ("the Site") is owned and operated by August Lashes Pty Ltd (“August Lashes” or “our” or “we” or “us”).
By using, browsing and/or accessing the pages or services in the Site, You acknowledge that You have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If You do not agree to these T&C’s, please do not use the Site. You also agree to provide us with your consent to receive any required notices (if any). You acknowledge that these T&C’s contain disclaimers and other provisions that limit our liability to You. You further agree that You will not use the Site for any unlawful purpose. In the event that You do not wish to be bound by these T&C’s, please do not use browse or access the Site. All orders are accepted and handled in accordance with the conditions below and the customer accepts these conditions by using the Site.
GOVERNING LAW
This Site is created and controlled by us in the State of Western Australia, Australia. As such, the laws of the Commonwealth of Australia and, and where applicable, the State of Western Australia, will govern these Terms and Conditions. By using this Site you submit to the jurisdiction of the courts of Western Australia and Australia and agree that any legal action will only be commenced in these forums. The Site is available only to people who can form legally binding contracts under applicable law.
REVISIONS TO TERMS AND CONDITIONS
We may from time to time modify these Terms and Conditions, other policies, or the content of the Site, without notice. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. You should read the Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law. We do not promise to continue to offer or maintain the Site online. We may withdraw it from use in accordance with our business strategy from time to time. Accordingly we may, with or without prior notice, terminate any or all of the rights granted by these Terms and Conditions.
SITE CONTENT, OWNERSHIP, AND USE RESTRICTIONS
The material on the Site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by August Lashes. The display of the Contents is not intended to be a comprehensive compilation of all of August Lashes worldwide proprietary ownership rights and August Lashes may own or control other proprietary rights in one or more countries outside of Australia. All rights not expressly granted are reserved.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively either online or instore. These products or services have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computers monitor display of any colour will be accurate. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ERRORS, INACCURACIES AND OMISSIONS.
Occasionally there may be information on our site or in the Service that contains errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, products shipping charges, transit times and availability. We reserve the right to correct any of those errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or any related website is inaccurate at any time without prior notice. We undertake no obligations to update, amend or clarify information in the Service or on any website, including without limitation, pricing information, except as required by law.
ADVERTISING & LINKS TO THIRD PARTY WEBSITES
This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of August Lashes nor August Lashes responsible for the contents of any such information or website. August Lashes provide such information and hyperlinks to You as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by August Lashes. You rely on such information or websites entirely at your own risk. You are referred to the relevant third-party websites for all information regarding the third party’s products and/or services. Third parties are solely responsible to You, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services You purchase on the third-party website. You further agree that the personal data You choose to give to unrelated third parties is not covered by our privacy policy and You are encouraged to review the privacy policy of any company or website before submitting your Personal Information. Some third parties may choose to share their personal data with August Lashes and You acknowledge any such sharing is governed by that third-party company’s privacy policy. We encourage you to read those third-party terms and conditions of use prior to accessing such third-party content.
PERSONAL, NON-COMMERCIAL USE
You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s. We encourage You to carefully read our privacy policy (“the Privacy Policy”). You agree, and unless other consents or notices are required by law, that using, browsing and/or accessing the pages or services in the Site, that You will be bound by the terms of the Privacy Policy and to the use of such personal information and any submissions by August Lashes. You agree not to use the Site for any purpose that is unlawful or may be deemed as unlawful or prohibited by the T&C’s, or to cause damage on or through use of the Site. You warrant to August Lashes that none of your communications with or through the Site will violate any applicable, local, state, federal, provincial, national, or international laws and/or regulations or infringe upon the rights of any third party or contain libellous, defamatory, obscene or abusive material.
PROHIBITED CONDUCT
You are not authorised, without the prior written permission of August Lashes and any other owner of rights in content that You access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by August Lashes may be used without our prior, specific, written permission or that of the trademark owner. The content and material on the Site are provided for lawful purposes only and any other use or modification of the content and materials found on the Site violates the intellectual property rights of t August Lashes. We retain complete and full title and intellectual property rights to all content and materials found on the Site. You may not sell, modify, reproduce, repost or convert any contents and/or materials on the Site in any manner inconsistent with these T&C’s.
LICENCE TO USE
You grant August Lashes a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free licence to use any material, information, expression of ideas and ideas that You transmit to this site or otherwise provide to us from the time You authorise it to be sent without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to You or any third party. You agree that this license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the submission, and all rights therein, in the name of August Lashes or their designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, You warrant that any “moral rights” (if any) pertaining to any copyrighted materials have been waived.
USER CONDUCT
You must not upload, post, transmit or otherwise make available through this Site any material which: - violates or infringes the rights of others (including their privacy and intellectual property rights); - is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress o inconvenience to, or incite hatred of, any person; - encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibit us any other user from using the site; - affects the functionality or operation of the site or our servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or - breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require us to take remedial action under any applicable industry code. If at any stage we request you to send certain documents or submissions for contests or without a request you send us creative ideas, suggestions and plans whether online by email, mail or otherwise you agree that we may at any time without restriction, edit, copy, publish, distribute translate and otherwise use. We are and shall be under no obligation to maintain or pay any compensation for any comments or submissions.
INDEMNITY
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, relate to:
- your breach or non-observance of any term of these Terms and Conditions;
- any breach or inaccuracy in any of your representations or warranties; or
- your use of the Site.
INTELLECTUAL PROPERTY INTELLECTUAL
Property developed throughout our dealings with You remains the property of us unless specifically stated otherwise. Any use of any of the August Lashes’ Intellectual Property, where not authorised, is a direct breach of these terms and conditions and may attract future implications, including but not limited to legal action. Further, it is a strict breach of these T&C’s, for You to share any Intellectual Property with August Lashes which they do not legally own the rights to. Any such act will result in, amongst other possible action, the immediate termination on of the existing Agreement between August Lashes and You.
FEES AND PAYMENTS
All prices are inclusive of GST, where applicable. Prices displayed on the Site are current at the time of issue but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted, we reserve the right to limit sales. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and or billing address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. All prices are in the Australian Dollar.
CONFIDENTIAL INFORMATION
During the course of any dealings with August Lashes confidential information may be shared between the parties. Confidential Information means information/material relating to a party which comes into the possession or knowledge of the other party, and includes but is not limited to, strategic, corporate and financial information. A party to the Confidential Information agrees that during the term of the agreement, and at all times after that, they will not disclose any Confidential Information, directly or indirectly, to any third party.
LIMITATION OF LIABILITY
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
DISCLAIMER OF REPRESENTATIONS AND WARRANTY
The advice and information contained within the Site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While every effort is taken to ensure that the information contained within the Site is accurate, August Lashes takes no responsibility for any loss or damage arising from its use.
August Lashes does not promise that the Site and Content is error-free. August Lashes does not promise that the functional aspects of the Site and Content will be error free or that this Site, Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The Site is presented "as is" and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not able to be excluded at law.
Certain legislation, including Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are able to do so, our liability under those provisions will be limited, at our option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired.
IP PROTOCOL ADDRESSES AND WEB LOGS
The Site's web servers will automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number will be identified and logged automatically in our server log files whenever You visit the Site, along with the time(s) of your visit(s) and the page(s) that You visited. This information is collected in an aggregate form only and does not contain any Personal Information. We use IP address for purposes such as calculating the Site usage levels, helping diagnose problems with the Site's servers and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition, we may also record your IP address for fraud prevention purposes.
NO ASSIGNMENT AND WAIVER
You may not transfer or assign in any way any of your rights or obligations under these T&C’s. Any such transfer or assignment shall be null and void. August Lashes failure to insist upon or enforce strict compliance with any provision of these T&C’s shall not be construed as a waiver of any provision or right.
APPLICABLE LAW, JURISDICTION AND SEVERABILITY
Access to and use of the Site and these T&C’s are governed by the laws of Australia without giving effect to any conflicts of law or choice of laws principles. Any proceeding or legal action relating to your use, or access of the Site or compliance with these T&C’s shall be in the jurisdiction of the courts of Australia. You hereby waive any and all jurisdictional and venue defences that might otherwise be available to You. If any provision of these T&C’s or the application of any such provision to any person or circumstance is held illegal, unenforceable, or invalid for any reason whatsoever, the remaining provisions of these T&C’s and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision illegal, unenforceable, or invalid shall construe and modify the provision so as to render it enforceable and valid as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of legality, enforceability and validity.
COMPLETE UNDERSTANDING
You warrant and agree with August Lashes that these T&C’s and the August Lashes privacy policy, constitute the entire understanding between August Lashes and You with respect to your use of the Site, including, but not limited to, all orders placed through the Site.
DISPUTE RESOLUTION
In the event that You are not satisfied with August Lashes You must initially attempt to resolve the dispute internally. You must notify August Lashes of the dispute and seek discussion and compromise to resolve the dispute. If the dispute is not able to be resolved internally, through informal means, then You must partake in mediation to resolve the dispute, on the same terms as those ordered by the Supreme Court of Western Australia and the costs of the mediation shall be borne equally by You. Only once You have attempted to resolve the dispute through the above specified methods may You pursue other methods.
RESULTS
Any results and information displayed on the website from August Lashes may inform You of certain results depending on product use. You understand and agree that no representation or guarantee has been given in relation to Results of product use. August Lashes does not make any assurances that any prior successes or past results referred to on this Site will apply in your situation. Further, in any case that You do rely on any figures or results posted on this Site, You accept and understand the full risk of doing so and will not hold August Lashes personally liable for any means whatsoever. All information, products and services provided by August Lashes are intended for educational and informational purposes only. The use of any information, products or services provided by August Lashes should only be used based on your own due diligence. August Lashes recommend that You always consult your personal Health, Beauty, legal, financial and other qualified professional advisors for an independent analysis. You agree that August Lashes are not responsible for any losses or damages resulting from your use of any link, information or opportunity contained within August Lashes or within any information disclosed by August Lashes in any form whatsoever.
REGISTRATION
All information provided to August Lashes, must be complete, accurate and current information. August Lashes may at any time change the key-words used in any search engine marketing campaign, without giving you notice. By continuing the use of this Site, you agree to comply with any additional copyright notices, information, or restrictions contained in any keywords or other material available on or accessed through the Site. By submitting information to August Lashes you are granting an irrevocable right to edit, copy, publish, distribute and otherwise use any such content that is posted. All risk and responsibility attached to the distributing of any information on the public domain remains, at all time, with you. You represent and warrant that you are authorised to grant all the preceeding rights, and those set out throughout these T&C’s by continued use of the Site.
FORCE MAJEURE
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network
BREACH AND TERMINATION
If, in our reasonable opinion, you breach any provision of these Terms and Conditions we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Site. In any event, we may terminate these Terms and Conditions (and your right to use the Site) at any time and for any reason without prior notice to you.
RELATIONSHIP
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.
CONTACT US
If you have any questions regarding these Terms and Conditions, please contact us.
