Website Terms and Conditions
Thank you for accessing our website (the “Website”). Please read these terms and conditions (the “Terms”) before using the Website. The Website is operated by Kryolan Australia Pty Ltd (ABN 69 096 290 078). By using the Website, you signify your acceptance of the Terms in consideration of which Kryolan Australia provides you with access. From time to time Kryolan Australia may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. If at any time you do not wish to accept the Terms, you may not use the Website. From time to time Kryolan Australia may run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
While Kryolan Australia has endeavoured to ensure the accuracy of the information accessed via the Website, Kryolan Australia does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. Kryolan Australia does not guarantee colour accuracy of published colour charts compared to actual product colour and reserves the right to refuse returns of products due to these potential inaccuracies.
In the event a Kryolan Australia product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Kryolan Australia shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Kryolan Australia shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Kryolan Australia shall issue a refund to your credit card account in the amount of the incorrect price.
LINKS TO THE WEBSITE
Websites or pages to which the Website is linked are for information only and have not been reviewed by Kryolan Australia. Kryolan Australia has no responsibility for the content of the websites or pages linked or linking to this website, and Kryolan Australia accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites.
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material (“Content”) is protected by copyrights, trade marks and/or other proprietary rights. The Content includes both content owned or controlled by Kryolan Australia and content owned or controlled by third parties and licensed to Kryolan Australia. All individual articles, reports, and other elements making up the Website may be copyright works.
You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website. You may not use any of Kryolan Australia’s trademarks or trade names without Kryolan Australia’s prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
You agree to notify Kryolan Australia in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
LICENCE AND DOWNLOAD RIGHTS
You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
Download is permitted by Kryolan Australia provided only that:
(i) you make no more than one printed copy of such download and no further copies of such printed copy are made;
(ii) you make only personal, non-commercial use of such download and/or printed copy; and
(iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
If you would like information about obtaining Kryolan Australia’s permission to use any of the Content or if you would like to link your website to the Website, please contact us via email or phone.
The Website and the Content are provided “as is” excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. Kryolan Australia further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Kryolan Australia does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or “Trojan horses” and Kryolan Cosmetics is not liable for any damage you may suffer as a result of such destructive features.
Kryolan Australia shall not be held responsible for Content provided by third parties. Kryolan Australia is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website.
These Terms do not affect your statutory rights or your legal rights as a consumer.
LIMITATION OF LIABILITY
You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website.
Save in respect of fraud and of personal injury or death to the extent it results from Kryolan Australia’s negligence, in no event will Kryolan Australia be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if Kryolan Australia has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
LOCAL LAWS AND REGULATIONS
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.
Kryolan Australia does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
You agree to indemnify, defend, and hold harmless each of Kryolan Australia, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of Kryolan Australia, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Kryolan Australia, its employees, representatives, suppliers, or agents is based on or arises in connection with:
(i) your use of the Website;
(ii) any breach by you of the Terms;
(iii) a claim that any use of the Website by you
(aa) infringes any intellectual property rights of any third party, or any right of personality or publicity, or
(bb) is libellous or defamatory, or otherwise results in injury or damage to any third party;
(iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
(v) any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer.
You agree to pay Kryolan Australia, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.
Either you or Kryolan Australia may terminate these terms at any time for any reason at our sole discretion. If Kryolan Australia terminates these terms, Kryolan Australia will email you at the address you provide on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your email address. You may terminate by sending an email to us. On termination you shall destroy all Content, and copies thereof, obtained from the website.
CHANGES TO THE WEBSITE
You accept that Kryolan Australia has the right to change the content or technical specifications of any aspect of the Website at any time at Kryolan Australia’s sole discretion. You further accept that such changes may result in your being unable to access the website.
No waiver by Kryolan Australia of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by Kryolan Australia of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
GOVERNING LAW AND JURISDICTION
The Terms are governed by the laws of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction.