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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:
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.
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.
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.
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:
13. Entire Agreement
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