These terms and conditions ("these Terms") apply to the use of
www.inglot.com.au ("this Site"), operated by Inglot Cosmetics Pty Ltd ("we",
"us", "our").
These Terms must be read in conjunction with any other applicable terms
and conditions governing the use of this Site. If you do not accept these Terms,
as amended from time to time, you must immediately cease using this
Site.
By
visiting, browsing, shopping, accessing or otherwise using this Site, you
acknowledge that you have read, understood and agree to be legally bound by
these Terms, the Privacy Policy and the Terms of Sale and warrant that you are
18 years or older at such time.
Amendments to these
Terms
1.
We reserve the right to amend
these Terms from time to time without prior notice. Amendments will be effective
immediately upon publication on this Site. Your continued use of this Site
following such publication will constitute acceptance of the Terms as amended.
Accordingly, we suggest that you review these Terms
frequently.
Intellectual
property
2.
You agree that we hold all
rights, title and interest in this Site and all intellectual property rights
attached to this Site (including but not limited to text, graphics, logos,
icons, sound recordings and software), unless otherwise indicated. Content
procured from a third party may be the subject of intellectual property rights
owned by that third party.
3.
Other than for the purposes
of, and subject to the conditions prescribed under any relevant legislation
which applies in your jurisdiction, and except as expressly authorised by these
Terms, you may not in any form or by any means use any intellectual property
appearing on this Site, without express prior written consent from us or, in the
case of third party material, from the owner of the intellectual property rights
in that material.
4.
Without limiting the above,
the following activity is expressly prohibited on this Site:
a.
monitoring or copying for
non-personal or commercial use, any portions of this Site or the content
contained on this Site without our prior written consent;
b.
collection or use of any
product listings, descriptions, or prices, from this Site for the benefit of
another merchant that supplies products competitive with or comparable to those
offered on this Site; and
c.
any use of, visits to, or
other action that imposes an unreasonable or disproportionately large load on
this Site, or otherwise interferes with its proper and timely
functioning.
5.
Permission is granted to
display, copy, distribute and download the materials on this Site for personal,
non-commercial use only provided you do not modify the materials and that you
retain all copyright and other proprietary notices contained in the materials.
This permission terminates automatically if you breach any of these Terms. Upon
termination, you must immediately destroy any downloaded or printed
materials.
6.
You must not sell information
obtained from this Site to any third party without our prior written
consent.
Hyperlinking to this
Site
7.
You are granted a limited,
revocable, and non-exclusive right to create a hyperlink to the home page of
this Site provided that the link does not portray us, our affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any of our logos or other proprietary graphic or trade
marks as part of the hyperlink without our prior written
consent.
Third party web
sites
8.
This Site may contain links
to other web sites. Those links are provided for convenience only and may not
remain current or be maintained.
9.
We are not responsible for
the content or privacy practices associated with third party web sites. Our
links with third party web sites should not be construed as an endorsement,
approval or recommendation by us of the owners or operators of those third party
web sites, or of any information, graphics, materials, products or services
referred to or contained on those third party web sites, unless and to the
extent stipulated to the contrary.
10.
You acknowledge that we have
not made and will not make any express or implied warranties in relation to any
products, services, information and data provided by us through this Site or
otherwise.
11.
To the maximum extent
permitted by law, any term that would be implied into these Terms, including
without limitation any condition or warranty, is hereby excluded. Where legislation implies any condition or
warranty, and that legislation prohibits us from excluding or modifying the
application of, or our liability under, any such condition or warranty, that
condition or warranty will be deemed included but our liability will be limited
for a breach of that condition or warranty to one or more of the following: the
supply of the goods or services again; the repair of the goods; or the payment
of the cost of having the goods or services supplied again or
repaired.
12.
You agree that we will not be
liable in respect of any claim by you (whether contractual, tortious, statutory
or otherwise) for any direct, special, incidental, indirect or consequential
damages or injury including, but not limited to, any loss of profits, contracts,
revenue or data arising out of or in connection with the provision of any
products, services, information or data through this Site or
otherwise.
13.
You agree to indemnify us,
our subsidiaries, affiliates, agents, officers and employees against any loss,
cost, expense or damage (including legal costs on a full indemnity basis) which
is suffered or incurred as a direct or indirect result of any breach of these
Terms by you or any action, claim, demand or proceedings instituted against us
as a result of the your use of this Site.
14.
The above limitation of
liability does not attempt or purport to exclude liability arising under statute
if, and to the extent, such liability cannot be lawfully
excluded.
Internet
security
15.
No data transmission over the
internet can be guaranteed as totally secure. Whilst we strive to protect such
information, we do not warrant and cannot ensure the security of any information
that you transmit to us. Any information that you transmit to us is transmitted
at your own risk. Nevertheless, once we receive your transmission, we will take
reasonable steps to preserve the security of such information in accordance with
our Privacy Policy.
16.
You agree that we shall not
be responsible or liable for any damages to, or viruses that may affect, your
computer equipment or other property in connection with access to or use of this
Site.
Termination of
access
17.
We reserve the right to
immediately suspend or terminate your right to access or use this Site, for any
reason and at any time. Violation of these Terms may result in civil or criminal
liability in addition to the termination of your right to access this
Site. We will investigate occurrences which may involve such violations
and may involve, and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
General
18.
You agree, in the course of
using this Site, not to engage in conduct that contravenes these Terms or the
laws of any applicable jurisdiction.
19.
If we waive any rights
available to us under these Terms on one occasion, this does not mean that those
rights will automatically be waived on any other occasion.
20.
If any of these Terms are
held to be invalid, unenforceable or illegal for any reason, the remainder of
these Terms shall nevertheless continue in full force.
21.
These Terms supersede all
prior representations, arrangements, understandings and agreements between the
parties relating to the subject matter.
22.
These Terms constitute the
entire and exclusive agreement and understanding between the parties relating to
the subject matter of these Terms.
23.
These Terms are governed by
the laws of the State of Victoria, Australia. You irrevocably agree to submit to
the exclusive jurisdiction of the courts of that jurisdiction.
24.
We reserve any rights not
expressly granted in these Terms
