You must read these terms and conditions (“Terms and Conditions”) and all other Policies (as defined below) before buying our Products or using our Website. By using our Website or buying our Products, you agree to these Terms and Conditions and all Policies.
1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions unless inconsistent with the context or subject matter:
(a) “Customer” means a person who purchases a Product;
(b) “Fee” means the then current fee charged by us for the purchase of a Product as set out on the Website;
(c) “Intellectual Property” means all intellectual property rights, including without limitation inventions, patents, copyright, including copyright in the Website and Services, rights in circuit layouts, designs, trade marks, know-how, processes, concepts, the system or operations developed by us and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered;
(d) “Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data (howsoever arising or caused, including, without limitation, negligence);
(e) “our”, “us” and “we” means the Provider;
(f) “Policy” means any policy of the Provider in place from time to time including without limitation any policy relating to privacy and refunds;
(g) “Product” means any product sold by us to you, including any Subscription for any Product;
(h) "Provider" means Sophia Hsu trading as Organified Beauty Box ABN 41 173 026 636;
(i) “Services” means any services provided by us, including the sale of stand alone Products and Subscriptions, and the provision of the Website;
(j) “Subscription” means an ongoing subscription for a Product;
(k) “User” means any person who uses the Website for any purpose whatsoever;
(l) “Website” means www.organifiedbeautybox.com.au;
(m) “you” and “your” means a Customer or a User as the case may be.
(a) a reference to a person includes any other legal entity;
(b) a reference to a legal entity includes a person;
(c) words importing the singular number include the plural number;
(d) words importing the plural number include the singular number;
(e) the masculine gender must be read as also importing the feminine or neuter gender;
(f) a reference to a party includes the party's heirs, executors, successors and permitted assigns;
(g) headings are for reference purposes only and must not be used in interpretation, with the exception of where a subheading of Customer, User and/or Provider is used, in which case clauses under that subheading relate to the party referred to in the subheading;
(h) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
(i) a reference to a statute includes all regulations and subordinate legislation and amendments;
(j) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;
(k) a reference to a monetary amount is a reference to an Australian currency amount;
(l) an obligation of two or more parties binds them jointly and each of them severally;
(m) an obligation incurred in favour of two or more parties is enforceable by them severally;
(n) references to time are to local time in Brisbane;
(o) where time is to be reckoned from a day or event, the day or the day of the event must be excluded;
(p) a reference to a business day means any day on which trading banks are open for business in Brisbane;
(r) a reference to a month means a calendar month.
2. YOUR OBLIGATIONS
2.1 Our Services are available only to, and may only be used by, persons who can form legally binding contracts under applicable law.
2.2 You must use our Services in accordance with these Terms and Conditions and our Policies. You must also ensure that you comply with all clauses of these Terms and Conditions and all Policies and all terms and policies included by reference in those documents.
2.3 Your use of our Services, and the Information you provide to us, must not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or deceptive;
(c) infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
(d) violate any applicable law;
(e) contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of our Services;
(f) create liability for us or cause us to lose (in whole or in part) the services of our internet service provider or other Customers or suppliers;
(g) damage the credibility or integrity of the Provider;
(h) breach or violate any Policy;
(i) link directly or indirectly to or include anything that:
(i) you do not have a right to link to or include;
(ii) could cause us to violate any applicable law, statute, ordinance or regulation.
3. SUBSCRIPTIONS AND FEES
3.1 The terms of a Product or Subscription and the Fee payable in respect of a Product or Subscription is as set out on our Website.
3.2 By purchasing a “stand alone” Product (being any Product that is not a Subscription), you must pay to us the Fee for that Product at the time of its purchase through the method specified by us.
3.3 By purchasing any Subscription you must pay us the Fee for that subscription monthly or quarterly in advance, as specified on the Website. Your Subscription will continue to automatically renew each quarter until you terminate it in accordance with these Terms and Conditions.
3.4 Payment of the Subscription’s Fee to us must be made by the method specified by us, generally by credit card. You expressly agree that we may charge you the Fee each time it falls due at the then current rate for the relevant quarter as set out on our Website to the credit card you have provided to us. Please note that our Fees are subject to change and we recommend you regularly review our Website to confirm the then current Fee.
3.5 Unless we specify any refund or exchange terms on the Website, to the extent permitted by law, we are unable to provide any refunds or exchanges unless compelling circumstances exist.
3.6 You must pay postage in respect of the Products/Subscriptions purchased by you in accordance with the terms set out on the Website.
4.1 Without limiting other remedies available to Provider at law, in equity or under these Terms and Conditions or any other Policy or otherwise, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the provision of the Services to you if:
(a) you breach these Terms and Conditions or any Policy or the terms and policies those documents incorporate by reference; or
(b) we believe that your actions may cause legal liability for us or other Customers; or
(c) in our sole opinion, your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of our Services or the Provider; or
(d) we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent or deceptive activity.
5. NO WARRANTY AND DISCLAIMERS
5.1 We provide our Services, including all Products, on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. To the extent permitted by law, we specifically disclaim any implied warranties including in relation to title, merchantability, fitness for a particular purpose and non-infringement. Furthermore we do not guarantee continuous, uninterrupted or secure access to our Services, or that any information provided by us (including within the Products) is up to date and accurate. Any information published by us such as advices and blogs are of a general nature only and we do not provide any representations or warranties as to any results which will be achieved by following the advice therein. You acknowledge that you will not rely on such blogs/advices in place of professional advice.
5.2 You warrant that you have not relied upon any representations, warranties or conditions offered or made by or on behalf of the Provider except to the extent expressly set out in these Terms and Conditions.
5.3 No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect your Information, we do not warrant and cannot guarantee the security of your information which you transmit to us or through your website. Accordingly, your information which you transmit to us is transmitted at your own risk. We cannot guarantee the confidentiality or security of your information, and we will not be responsible or liable for any Loss incurred in this regard. You must inform the Provider immediately of any breaches of security or unauthorised use of your information.
6.1 In no event shall the Provider or its related entities, officers, directors, employees agents, contractors or suppliers be liable for any Loss arising out of or in connection with:
(a) any failure of performance, error or defect in the Products/Subscriptions or delay in delivery;
(b) line or system failure or the introduction of a computer virus or other technical sabotage; or
(c) our Services, even if we or our employees or representatives are advised of the possibility or likelihood of such Loss.
6.2 Without prejudice to clause 7 and notwithstanding any other provision of these Terms and Conditions and except to the extent permitted by law:
(a) our total liability arising out of or in connection with these Terms and Conditions, and the liability of our suppliers, to you or any third parties in any circumstance is limited per event to the amount of $10.00; and
(b) the Provider shall not be liable for any Loss, including consequential or indirect loss or damage.
6.3 The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
6.4 Notwithstanding any other term in these Terms and Conditions, nothing in these Terms and Conditions is intended to limit or exclude any liability on the part of Provider or its related entities, officers, directors, employees, agents, contractors or suppliers where and to the extent that any applicable law prohibits such exclusion or limitation.
You agree to indemnify and hold us and our related entities, officers, directors, agents, employees, contractors and suppliers harmless from and against any actions, claims, demands, proceedings, Loss of every kind and nature, known and unknown, including legal fees (on a solicitor and own client basis) and claims made by third parties, due to or arising out of your breach of these Terms and Conditions or any Policy or the terms and policies they incorporate by reference, or your violation of any law or the rights of a third party, or otherwise in arising in connection with the Services.
9.1 Your use of the Website is by non-exclusive licence granted by the Provider strictly in accordance with these Terms and Conditions.
9.2 In order to use this Website and some of our Services, you require the equipment and connections necessary to access the World Wide Web. Without limitation, you are responsible for:
(a) the provision of any such connection or access to the World Wide Web;
(b) the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
(c) the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.
10. SYSTEM INTEGRITY AND USER CONDUCT
10.1 You acknowledge and agree that you must not:
(a) use the Website for any purpose other than the purpose for which it was designed and intended;
(b) commit or permit any act which may interfere with the use of the Website by any other user;
(c) tamper with, hinder the operation of or make unauthorised modifications to the Website or any part thereof;
(d) damage or modify the Website or any part thereof;
(e) reverse engineer, decompile or disassemble the Website or any part thereof; or
(f) copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Website or any part thereof.
10.2 You must not without prior written consent of the Provider which shall be given, given with conditions or withheld at the Provider's absolute discretion affix or otherwise display your name or logo on the content of the Website or any other website in a way that suggests a direct or indirect association with the Provider and/or the Website.
11. LINKS AND ADVERTISING
11.1 This Website may contain links to third party websites. Those websites are not under the control of the Provider and the Provider is not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites.
11.2 Neither the Provider nor its officers, directors, employees, agents, or related entities recommend or endorse the content of any third party websites which may be linked to or from the Website, our Services or the services of any third party organisations mentioned or described on the Website. You acknowledge that you enter any third party websites at your own risk.
11.3 The Website may contain advertisements for third parties' goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither the Provider nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order services advertised by a third party on the Website, you do so at your own risk.
11.4 You must not link the Website from any other website not owned or operated by the Provider without the prior written consent from the Provider.
12.1 We reserve the right to cancel provision of the Services, including the use of any Product by you, in our discretion.
12.2 In the event you wish to cancel a Subscription purchased by you, you may do so at any time however we are unable to provide you with any credit or refund for any amounts already paid, nor are we able to provide you with part of a Product. You must cancel your Subscription before it renews each billing period in order to avoid billing of the following Subscription Fee.
12.3 If you wish to unsubscribe from our Services please contact us through the Website.
13.1 Use of our Services is done so at your own risk.
13.2 We may update these Terms and Conditions from time to time, with the latest version to be featured on our Website. Your continued use of our Services following an update to our Terms and Conditions indicates your acceptance of same.
13.3 By using our Services, you authorise us to contact you whether by electronic or other means in our discretion in relation to our Services and any marketing or promotional matters. You consent to receive communications from us electronically, which will allow us to communicate with you via e-mail or by posting notices on the Website or remarketing to you. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any and all legal requirement that such communications be in writing.
13.4 You authorise us to use any information provided to us by you for any purpose in our sole discretion, including for the avoidance of doubt marketing or promotional purposes.
13.5 These Terms and Conditions are governed by the laws of Queensland and the parties submit to the jurisdiction of the Court of Queensland.
13.6 These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
13.7 If a clause of theseTerms and Conditions are void or unenforceable it must be severed from theseTerms and Conditions and the clauses that are not void or unenforceable are unaffected by the severance.
13.8 You agree that these Terms and Conditions may be assigned by Provider, in our sole discretion, to Related Entities or third parties. You may not assign these Terms and Conditions without Provider’s express prior written consent.
13.9 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
13.10 Provider's failure to act with respect to a breach by you or others does not constitute a waiver of that breach or waive our right to act with respect to that breach or subsequent or similar breaches.
13.11 You agree that these Terms and Conditions may not be construed adversely against us solely because we prepared them.
13.12 These Terms and Conditions and the Policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof and any oral or other written agreements between the parties that are inconsistent with these Terms and Conditions and the Policies shall be negated.
13.13 Nothing in these Terms and Conditions establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties including in particular between the Provider and Customers.
13.14 Any provision capable of surviving termination of these Terms and Conditions shall survive any termination or expiration of these Terms and Conditions.
13.15 Should a dispute arise in connection with these Terms and Conditions which cannot be resolved by good faith negotiations between us and you, Provider may at its sole discretion refer the dispute to mediation or to arbitration. At all times we reserve the right to instigate legal proceedings prior to negotiation, arbitration or mediation against any person including any individual or entity (incorporated or otherwise), who in our opinion has acted in breach of these Terms and Conditions.