TERMS OF USE
1. General
- These Terms and Conditions of Use ("Terms") apply to this website, which is operated by Melbourne Cosmetics.
- Please read these Terms carefully before using this website. By accessing or otherwise using this website, you declare that you have taken note of, and agree to be bound by, these Terms. If you do not accept one or more of the Terms, you should not use this website.
- Melbourne Cosmetics reserves the right to change these Terms by posting changes online. It is your responsibility to check these Terms regularly. Your continued use of this website after any changes are made to these Terms constitutes an acknowledgement and agreement by you that you accept and agree to be bound by these Terms and any changes made to them.
- If you object to any of these Terms or any subsequent modifications your only recourse is to immediately discontinue your use of this website.
- You are provided with a revocable and non-exclusive right to:
- view the materials in this website;
- access the materials in this website; and
- use this website strictly in accordance with theprovisions of these Terms.
- You agree to comply with all laws when accessing and using this website.
- Access to this website may be terminated at any time by Melbourne Cosmetics without notice. These Terms will survive any such termination.
- These Terms are governed by the laws in force in the state of Victoria in Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
- If Melbourne Cosmetics waives any rights available to it under these Terms on one occasion, this does not means that those rights will automatically be waived on any other occasion.
- If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, the remaining provisions of these Terms shall nevertheless continue in full force.
2. Intellectual Property
- Unless otherwise stated in this website, the contents of this website are owned by Melbourne Cosmetics. Melbourne Cosmetics, the Melbourne Cosmetics logo and, unless otherwise stated in this website, all product names and logos appearing in this website are among the trademarks and service marks owned by Melbourne Cosmetics or other entities. Unless Melbourne Cosmetics agrees otherwise in writing, you are provided with access to this website only for your personal use and are not conferred by implication, estoppel or otherwise any licence to any patent, trademark, copyright or other intellectual property right except as provided in these Terms.
- Except where such use constitutes fair dealing under the Copyright Act 1968 (Cth), no materials available on the Melbourne Cosmetics website may be stored, transmitted by any means (including but not limited to electronic, mechanical, scanning, photocopying or recording) without prior written permission of Melbourne Cosmetics. The modification, copying or incorporation into any other work or part or all of the material available in this website in any form is prohibited save that you may:
- print or download extracts of the material in this website for your non-commercial,
informational and personal use (unless such printing or downloading is expressly prohibited);or - copy the material in this website for the purpose of sending it to individual parties for their personal information provided that you acknowledge Melbourne Cosmetics as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
3. Disclaimer and limitation of liability
- The material in this website provides general information only. It is not intended as advice and must not be relied upon as such. The material has not been prepared by taking into account your individual circumstances or requirements. You should make your own inquiries and if necessary take independent advice tailored to your specific circumstances before making any decisions.
- Melbourne Cosmetics reserves the right to change, add or remove any material in or from this website without notice.
- In general, Melbourne Cosmetics believes that this website's links to publicly accessible third party pages is legally permissible and consistent with common customary expectations of those who use the internet. If any entity does not wish that this website links with their site, then Melbourne Cosmetics will remove the link from this website upon their written request. These linked websites do not form part of this website and are not under the control of Melbourne Cosmetics or its related bodies corporate and neither Melbourne Cosmetics nor its related bodies corporate have any responsibility for the content of any such hyperlink or linked website. If you follow a link to any such website, you leave this website and do so entirely at your own risk.
- To the extent permitted by law, all implied conditions, warranties, guarantees and undertakings are expressly excluded and Melbourne Cosmetics is not liable for any losses, costs, damages, liabilities, outgoings, payments, judgments, penalties and expenses ("losses") arising out of or in connection with:
- any use of this website or any other website to which this website is linked;
- any errors in or omissions from the material in this website;
- any action or decision by you in reliance on the material in this website;
- any use of the information contained in this website infringing any patent, trademark, copyright or other intellectual property right of any person;
- any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software; or
- any breach of contract by Melbourne Cosmetics or any negligence of Melbourne Cosmetics, its employees or agents, and you release Melbourne Cosmetics from all claims, demands, actions and proceedings for such losses.
- To the extent permitted by law, if Melbourne Cosmetics is liable for a breach of a guarantee implied by the Australian Consumer Law then its liability for a breach of any such guarantee will be limited, at its option, to any one or more of the following:
- in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
- in the case of services: the supply of the services again, or the payment of the cost of having the services supplied again.
4. Use of information
- If you upload or otherwise provide any information or content for the purpose of, or in the course of accessing or using this website, you agree that such information or content will be available to Melbourne Cosmetics to use in any manner it thinks fit subject to applicable provisions of any legislation including (without limitation) privacy legislation. You should ensure that information or content you provide to Melbourne Cosmetics is, at the time of provision, correct and not misleading and notify Melbourne Cosmetics as soon as practicable when changes to the information or content are required. You must not upload or otherwise provide any information or content which you know or suspect is incorrect or misleading, or which is fraudulent, defamatory or offensive or which otherwise infringes the intellectual property, proprietary or other rights of others or otherwise violates any law. You agree to grant Melbourne Cosmetics a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any information or content. You also agree to waive, and consent to any acts or omissions which would otherwise constitute an infringement of, any moral rights or similar rights you may have or may acquire in the future in that information or content in Melbourne Cosmetics's favour.
- By accessing this website, you consent to Melbourne Cosmetics's Privacy Policy contained in this website.