Terms of Service
| PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE. |
| EYES LIPS FACE (AUSTRALIA) PTY LTD . ("we") provides elfcosmetics.com.au (the "Site") subject to these Terms of Use and all applicable laws and regulations. By using the Site, you fully and unconditionally accept and agree to these Terms of Use. If you do not agree to them, please do not use the Site. We may revise these Terms of Use at any time by updating this page. By using the Site, you agree to be bound by any such changes. |
| LIMITATIONS ON USE You must be at least thirteen (13) years old to use the Site. We make no representations that the Site is appropriate or available for use in locations outside of Australia. If you access the Site from outside of Australia, you do so voluntarily and at your own risk, and you are responsible for compliance with applicable law. Elf cosmetics Australia can sell to and deliver only to Australia and New Zealand. Products cannot be sold, shipped or delivered to any country outside the region of Australia and New Zealand. |
| YOUR ACCOUNT INFORMATION If you choose to register on the Site, you will set up an account by submitting your contact information and selecting a password (together, your "Account Information"). If you fail to sign into the Site using your Account Information for a period of one year, we reserve the right to deactivate your account, without notice or liability to you. Limit: one (1) active account per person. We reserve the right to deactivate multiple accounts established by the same person. It is your responsibility to maintain the confidentiality of your Account Information, and you are responsible for all use of the Site accessed through it. You agree to immediately notify us of any unauthorized use of your account or Account Information or any other actual or suspected breach of Site security. |
| PRIVACY Any information that you submit to us or that we collect through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. |
| USE OF THE SITE We maintain the Site for your non-commercial personal use. Your use of the Site for any other purpose is permissible only with our prior written consent. Without limiting the foregoing, you may not: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others' use of the Site; (3) impersonate another person while using the Site; (4) impair the Site's operation or interfere with or disrupt the servers or networks connected to it; (5) interfere with our intellectual property rights; (6) frame or otherwise co-brand the Site or any of its content; (7) deep-link to any portion of the Site; or (8) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action. |
| TRANSACTIONS All transactions made through the Site are subject to our acceptance, which is in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. |
| ELECTRONIC COMMUNICATIONS By using the Site, you consent to receiving electronic communications and notices from us. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. |
| COPYRIGHT All copyrightable text, graphics, sound, downloads, software and other material (collectively, the "Content"), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are copyrighted by us and are protected by law. Copyright 2010, EYES LIPS FACE (AUSTRALIA) PTY LTD. ALL RIGHTS RESERVED. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited. The Site may also contain content that is owned by third parties. You may use such third-party content only as expressly authorized by the applicable owner. |
| TRADEMARKS All of our trademarks, service marks and trade names used on the Site are trademarks or registered trademarks of EYES LIPS FACE (AUSTRALIA) PTY LTD in Australia. and/or other countries. Except as otherwise permitted by these Terms of Use, they may not be used without our prior express written permission. All other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us). |
| NO WARRANTY While we use our best efforts to maintain the accuracy and reliability of the Site, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you. |
| LIMITATION OF LIABILITY IN NO EVENT SHALL JA COSMETICS CORP., ITS RELATED COMPANIES, AND EACH SUCH COMPANY'S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law. |
| INDEMNITY You agree to indemnify and hold us, our related companies and each of our and their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person. |
| GOVERNING LAW These Terms of Use shall be governed by and construed in accordance with the laws of the State of Victoria, without regard to conflicts of laws rules. |
| USE OF INFORMATION SUBMITTED You agree that we may use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services. |
| SITE MODIFICATIONS We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services. |
| LINKS TO OTHER SITES The Site may include links to third-party websites. We do not control and are not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it. |
| TERMINATION We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. |
| GENERAL If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and us in connection with your use of the Site. |
| Refund/Exchange Policy
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| If you have any questions about these Terms of Use, please contact us at shop@elfcosmetics.com.au |
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