HomeTerms of use | Skin by Lidia Nova

APRIL 2021

SKIN BY LIDIA NOVA – WEBSITE TERMS OF USE

1. Your Acceptance of the Terms of Use

This website is operated by SKIN BY LIDIA NOVA (ABN 12 441 322 504) (“SKIN BY LIDIA NOVA”, “we”, “our” or “us”) and may be made available via other related addresses and/or platforms (the, “Sites”). Your access and use of our Sites is conditional upon your acceptance of, agreement to and compliance with the terms, conditions, notices and disclaimers, including the SKIN BY LIDIA NOVA Privacy Policy which can be accessed at www.skinybylidianova.com.au/privacypolicy (together, the “Terms of Use”) . Please read these Terms of Use carefully prior to accessing and/or using any aspect of our Sites. Should you not agree to these Terms of Use, please immediately cease all use of our Sites. We reserve the right in our sole discretion, without liability to users, to modify, update or change the Terms of Use at any time without prior notice and you should periodically refer to the Terms of Use. The content of our Sites (including but not limited to prices, shipping/delivery costs, products/services and other terms of sale) (together, the “Content”) are subject to change without prior notice. We do not undertake an obligation to keep our Sites updated and accurate except where required by law. We accept no liability if any material and information is inaccurate or outdated.

2. Use of our Sites

By accessing and using our Sites, you agree that you will not do anything which we would consider offensive or which might bring us or our Sites into disrepute, including without limitation:

  • anything that would constitute an infringement of an entity or person’s privacy (e.g. uploading personally identifying information without consent) or any other legal rights;
  • using our Sites to post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libelous, contemptuous, obscene, vulgar, pornographic, profane or indecent material;
  • posting, communicating or transmitting or using any material of any kind for commercial purposes, or which contains any promotional material or advertising on your own websites or any other platform (without obtaining a licence to do so from us);
  • impeding or restricting any other user from using our Sites;
  • tampering with or modifying our Sites by posting, communicating or transmitting viruses or other harmful or disabling features (including without limitation, using “Trojan Horses” viruses, spyware or computer program or software) that are intended to damage the operation of our Sites;
  • impersonating any person or entity (e.g. using a a false email address) to mislead us or third-parties for any reason; and
  • soliciting or assisting a person or entity to perform or participate in any of the above acts.

3. Intellectual Property

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Sites and all of the Content. Your use of our Sites and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Sites or the Content. You must not modify, adapt, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, store, republish, print, commercialise, frame, upload or otherwise distribute the Content in any way or breach any intellectual property rights connected with our Sites or the Content.

We may in our absolute and sole discretion (but have no obligation to do so) monitor, edit or remove User Generated Content (“UGC”) (including but not limited to comments, feedback, uploads or any other permissible content via our Sites) that violates these Terms of Use, any party’s intellectual property, privacy, confidentiality or any right of any party or any law. By submitting, posting or placing any UGC on or through our Sites, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such UGC.

You agree that you are solely responsible for all UGC that you make available on or through our Sites and we do not endorse or approve, and are not responsible for, such UGC. You represent and warrant that you are either the sole and exclusive owner of all UGC or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such UGC. You indemnify SKIN BY LIDIA NOVA and any of SKIN BY LIDIA NOVA’s assignees or licensees from any claim, liability, loss or damage arising in respect of your breach or alleged breach of this warranty.

You will procure that any author of UGC, unconditionally and irrevocably, to the fullest extent permitted by law:

i. waives in favour of SKIN BY LIDIA NOVA and SKIN BY LIDIA NOVA’s licensees and their assigns all of the author’s moral rights; and

ii. consents to any and all acts or omissions of SKIN BY LIDIA NOVA and SKIN BY LIDIA NOVA’s licensees and their assigns which would, but for this consent, infringe any of the author’s moral rights, in relation to all forms of works and other copyright subject matter (both existing and future) howsoever arising anywhere in the world in connection with the UGC and its use.

Any personal information collected on our Sites will be handled in accordance with the SKIN BY LIDIA NOVA Privacy Policy and the Australian Privacy Principles in the Privacy Act 1988 (Cth).

4. Accuracy and completeness of Content

The Content has been carefully obtained from sources believed to be reliable, but all Content is made available on the basis that we do not warrant or guarantee and accept responsibility for the accuracy or completeness of any Content for any purpose. The Content is not comprehensive and is provided for general information purposes only and it does not take into account your specific needs, objectives or circumstances. The Content should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete sources of information. Any reliance on the Content on these Sites is at your own risk. Subject to any statutory provisions which may not be excluded by law, we will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any Content. There may be Content on our Sites that contains typographical errors, inaccuracies or omissions that may relate to product/service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

5. Products and Services

We reserve the right, in our sole discretion, at any time to modify or discontinue a product and or/service (or any part thereof) and make any price changes without prior notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product and/or service. We reserve the right, but are not obligated, to limit the sales of our products and/or services to any person, geographic region or jurisdiction. We will use reasonable endeavors to display as accurately as possible the colours and images of our services/products on our Sites. We cannot guarantee that your computer monitor’s display of any colour will be accurate. Publishing information about a product/service on our Sites does not ensure its availability.

6. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail address, billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store and on our Sites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

7. Third Party Websites

Our Sites may contain links or references that direct you to websites operated by third parties (“Third Party Sites”). We provide these links to the Third Party Websites as a courtesy and this should not be interpreted in any way as an endorsement of a Third Party Site or affiliation with a Third Party Site. Third Party Sites are not under our control and we are not responsible for the content of any Third Party Sites. We make no representations or warranties and accept no responsibility for the accuracy, completeness, content or use of the information accessible from Third Party Sites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third Party Sites. Please carefully review Third Party Sites terms of use, privacy policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the owner/controller of the Third Party Site.

8. Indemnity

You indemnify SKIN BY LIDIA NOVA, SKIN BY LIDIA NOVA’s licensees and/or assignees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with any breach or alleged breach by you of these Terms of Use or any other legal obligation.

9. Severability

If any part of these Terms of Use are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms of Use will not be affected and these Terms of Use will be read as if the part had been deleted in that jurisdiction only.

10. Termination

These Terms of Use are effective until terminated by SKIN BY LIDIA NOVA and SKIN BY LIDIA NOVA may terminate this agreement and/or your access to SKIN BY LIDIA NOVA’s Sites at any time without prior notice to you. In the event that SKIN BY LIDIA NOVA terminates your access to SKIN BY LIDIA NOVA’s Sites you are no longer authorised to access SKIN BY LIDIA NOVA’s Sites, however, all restrictions imposed on you, licences granted by you and all SKIN BY LIDIA NOVA’s disclaimers and limitations of liability contained in the Terms of Use will survive termination.

11. Disclaimer and Limitation of Liability

SKIN BY LIDIA NOVA does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified. However, SKIN BY LIDIA NOVA does exclude all other rights, remedies, conditions and warranties in respect of goods, services and the SKIN BY LIDIA NOVA Sites arising under custom, law or statute which may be excluded.

To the fullest extent permitted by law:

  • SKIN BY LIDIA NOVA makes no warranties, either express or implied, as to the SKIN BY LIDIA NOVA Sites, the Content or any goods or services including, but not limited to, implied warranties of merchantability or fitness for a particular purpose.
  • SKIN BY LIDIA NOVA does not warrant that your access to the SKIN BY LIDIA NOVA Sites, the delivery of the SKIN BY LIDIA NOVA Sites or the Content shall be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.
  • SKIN BY LIDIA NOVA will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind resulting from any use or access of, or any inability to use or access, any SKIN BY LIDIA NOVA Sites or any Content, or any product or service, even if SKIN BY LIDIA NOVA has been advised of the possibility of such damages or losses.
  • SKIN BY LIDIA NOVA’s liability in respect of any product or service purchased from a SKIN BY LIDIA NOVA Sites is limited to the less of: (i) the replacement of any product or service purchased; and (ii) the purchase price paid by you to SKIN BY LIDIA NOVA for that product or service.
  • SKIN BY LIDIA NOVA is not liable to you or anyone else in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of a SKIN BY LIDIA NOVA Site or a Third Party Site.

12. Waiver

SKIN BY LIDIA NOVA’s failure to exercise or enforce any one or more of its rights under these Terms of Use will not constitute a waiver of its rights.

13. Entire Agreement

These Terms of Use and any policies or operating rules posted by us on our Sites constitutes the entire agreement and understanding between you and us and govern your use and access to our Sites, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

14. Assignment

SKIN BY LIDIA NOVA may assign its rights in whole or in part to any person in SKIN BY LIDIA NOVA’s absolute discretion.

15. Governing Law

These Terms of Use will be governed and interpreted in accordance with laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.

Copyright by Skin by Lidia Nova. All rights reserved. Designed by Wise Up Marketing

Copyright by Skin by Lidia Nova. All rights reserved.