Terms of Use

1.            Introduction

1.1.        This website at URL address: www.beauticate.com (Website) is owned and operated by Cantelo Corporation Pty Ltd (ACN 105 175 317) (Beauticate).

1.2.        These Terms of Use are important and govern your use of the Website and our trading relationship. Please read them carefully. By using the Website or making purchases on the Website you agree to be bound by these Terms of Use.  Beauticate reserves the right to change these Terms of Use by giving 7 days notice on the Website and by using the Website you agree to be bound by such changes. If you do not agree with the Terms of Use or as amended from time to time please do not use the Website.

1.3.        You warrant and represent that you have the legal right and ability to enter into legally binding agreements with Beauticate.

1.4.        If you are using the Website on behalf of a company or other legal entity, you warrant and represent that you are authorised to use this Website for and on behalf of the company or other legal and that you are authorised to bind such company or other legal entity to these Terms of Use.

1.5.        To report any problems regarding the Website, please contact Beauticate at info@beauticate.com.

 

2.            Privacy Policy

2.1.        The Beauticate Privacy Policy (available on the Website) is incorporated into and forms part of these Terms of Use.

 

3.            Intellectual property rights

3.1.        Beauticate is the owner of all right, title and interest (including present and future copyright) in the Website.

3.2.        All material including domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software (Material) are owned exclusively by Beauticate, its related bodies corporate or others who have licensed their material to Beauticate unless expressly indicated otherwise.

3.3.        Certain material which appears on the Website such as photographs and images may be sourced from third parties and in such cases, Beauticate has recognised the source of those materials.

3.4.        The word Beauticate and all design marks and slogans are the trade marks or service marks of Beauticate.

 

4.            Your use of the Website

4.1.        You are granted a non-exclusive, non-assignable and non-transferable licence to use this Website only under these Terms of Use.

4.2.        You may use the Website and view and access the Material only for your personal and non-commercial use.  Nothing in these Terms of Use or the Website will be construed as granting to you ownership of the Material or any proprietary right to the copyright, trade marks, patents or other intellectual property rights of Beauticate, its related bodies corporate or any third party.

4.3.        You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Materials except:

  • re-posting an image or story citing Beauticate.com as the source;
  • as expressly authorised either in the Website or these Terms of Use; or
  • as authorised in writing by Beauticate.

4.4.        You may not use any logo, trade mark or service mark appearing on this Website without recognising Beauticate as the owner of such mark.

4.5.        You must not use any so-called spider or similar automated software or device to use or access the Website or the Materials in any way.

 

5.            Your responsibilities

5.1.        You may only use the Website for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms of Use.

5.2.        It is your responsibility to ensure that your use of the Website complies with the Terms of Use and to seek prior written permission from Beauticate for any uses not expressly permitted.

5.3.        Beauticate prohibits the use of the Website, for any of the following:

  • transmitting or posting any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another's right of privacy;
  • impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;
  • posting or transmitting any Content that you do not have a right to reproduce, display or transmit or that infringes the rights of any person, or entity;
  • posting or transmitting any Content that contains a virus or corrupted data;
  • using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website or that adversely affects the availability of the Materials on the Website to others;
  • offering for sale any Materials or any information received from Beauticate; and
  • attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or the Materials or for the purpose of creating derivative works from the Website.

 

6.            Your Account:

6.1.        You may be required to create an account (Your Account) before you can access certain information of functionality on the Website. You must provide complete and accurate information when creating a Your Account. You cannot use another person’s account and must immediately notify us of unauthorised use of Your Account. We reserve the right to co-operate with any legal order, direction or request to disclose the identity or other information relating to anyone posting Content which violates any law.

 

7.            Your Content

7.1.        If you post Content on the Website, Beauticate reserves the right (but assumes no obligation) to remove or amend any such Content.  Beauticate reserves the right not to accept unsolicited Content or other material.

7.2.        By submitting any Content to any public or non-public areas of this Website, you automatically grant Beauticate the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, perform and display such content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation.

7.3.        You also warrant that the holder of any rights, including moral rights in such Content, will not assert or has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant to Beauticate the rights and licence stated above.  Subject to the foregoing, the owner of such Content placed on our Website retains any and all rights that may exist in such Content.

 

8.            Links and connections to other parties and other sites

8.1.        The Website may contain links or other connections to websites operated by parties other than Beauticate (Links). These Links are provided for convenience only.  If you use a Link to access a third party website, you do so entirely at your own risk.  Beauticate’s inclusion of Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators.  Websites accessed via Links may contain advertisements by other people. These advertisements are not recommendations or endorsements by Beauticate and Beauticate is not responsible for the products and/or services being advertised.

 

9.            Disclaimers, warranty exclusions and limitation of liability

9.1.        The Website and Materials are based on the personal experiences and opinions of the individual writers, shared for educational and informational use only and the Materials do not necessarily reflect the opinions of Beauticate. It is recommended that you seek advice from a doctor or healthcare professional before deciding if any product or service is right for your own personal circumstances.

9.2.        You acknowledge and agree that use of this Website is at your sole risk.  Beauticate makes no representation or warranty:

  • as to the suitability of any information, product or service to your own personal circumstances;
  • as to the availability of any product or service described on the Website;
  • that the content or functions contained in the Website or your access to the Website will be error-free;
  • that any defects on the Website or the Materials will be corrected;
  • that any information, product or service used or disclosed on the Website or any Material will be accurate, up to date, complete or useful; or
  • that the Website or the server which stores and transmits the Material to you are free from viruses or any other harmful components.

9.3.        To the fullest extent permitted by law, Beauticate, its related bodies corporate and their officers, employees, agents and contractors (Beauticate's Group) give no warranties of any kind (whether express or implied) in relation to the Website, the Material, any products or services mentioned, and will not be liable for any direct or indirect damage (including special and/or consequential damage, such as loss of business, loss of profits or loss of data) which results from any use or access of, or any inability to use or access the Website or the Material or which is suffered directly or indirectly in connection with any products or services mentioned, even if Beauticate or any other member of the Beauticate’s Group was made aware of the possibility of such damages.

9.4.        Without limitation to any other provision in these Terms of Use, Beauticate acknowledges that the Competition and Consumer Act 2010 (Cth) (Act) and other statutes from time to time enforced in Australia may imply warranties or conditions or impose guarantees or obligations upon Beauticate in relation to products and services available on the Website which cannot be excluded, restricted or modified except to a limited extent.  If any such statutory provisions apply, then to the extent to which Beauticate is entitled to limit its liability under that statutory provision (including, pursuant to Schedule 2, Sections 64A and 276A of the Act), Beauticate’s liability shall be limited to any one or more of the following in its sole discretion: (i) in the case of any product, the replacement or repair of the product, or the supply of equivalent products, or the payment of the cost of replacing or repairing the products or acquiring equivalent products; (ii) in the case of any service, the supply of the services again, or the payment of the cost of having the services supplied again.

 

10.          Indemnity and Release

10.1.      You indemnify and release the Beauticate’s Group from and against all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from (a) your use of the Website; (b) your failure to comply with these Terms of Use; and (c) any activity relating to Your Account.  

 

11.          Termination

11.1.      Beauticate may, in its sole discretion and without prior notice to you, terminate your licence to access to the Website and the Materials if you breach these Terms of Use.

 

12.          Applicable law

12.1.      The Website is controlled by Beauticate from its offices in New South Wales, Australia. Beauticate makes no representation that the Material or the Website is appropriate or available for use in other locations.  Those who choose to access the Website from locations outside of Australia do so at their own initiative and are responsible for compliance with local laws.

12.2.      These terms will be governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

 

13.          General

13.1.      These Terms of Use represent the entire binding agreement between you and Beauticate, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Beauticate, the Website, or the information and contents on the Website.

13.2.      No waiver of any obligation or right by Beauticate will be effective unless in writing and executed by Beauticate.

13.3.      If any provision in these Terms of Use is found to be invalid or unenforceable by a court of New South Wales, such invalidity or unenforceability will not affect the reminder of these terms and conditions which will continue in full force and effect.

 

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