We encourage you to read these Terms and Conditions, and consult our Help section if you have any particular questions in relation to browsing and shopping online with us. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
This Site is created and controlled by us in the State of South Australia, Australia. As such, the laws of the Commonwealth of Australia and, and where applicable, the State of South Australia, will govern these Terms and Conditions. By using this Site you submit to the jurisdiction of the courts of South Australia and Australia and agree that any legal action will only be commenced in these forums. The Site is available only to people who can form legally binding contracts under applicable law.
We may from time to time modify these Terms and Conditions, other policies, or the content of the Site, without notice. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. You should read the Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law. We do not promise to continue to offer or maintain the Site online. We may withdraw it from use in accordance with our business strategy from time to time. Accordingly we may, with or without prior notice, terminate any or all of the rights granted by these Terms and Conditions.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products and services on the Site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, information or other content available on the Site are accurate, complete, reliable, current or error-free.
In order to make purchases through this Site, you will be requested to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals who meet the Kiara terms of eligibility. Individuals must have been issued a valid credit card by a bank acceptable to Kiara, applications must be acceptable to Kiara and have authorised Kiara to process a charge or charges on their credit card in the amount of the total purchase price for the goods or services.
If you register on the Site, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm or loss caused by any wrongful use of the Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST. Prices are subject to change effective immediately upon posting to the Site or other form of notification.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Kiara will be completed when we email you to confirm the goods have been dispatched and have been handed over to the designated carrier. The sale contract is concluded in South Australia, Australia.
We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, that the item ordered is out of stock or that you do not meet the eligibility criteria set out, or otherwise contemplated, within the Terms and Conditions.
Kiara reserves the right to refuse to process or refuse service to anyone at any time at our sole discretion.
Kiara reserves the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or postal address.
By placing an order with Kiara you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.
INTELLECTUAL PROPERTY RIGHTS
The Site and its “look and feel”, all of its information, graphics, headers, button icons, photographs, content, image rights, sounds, music, video, audio or text on this Site and all intellectual property rights contained therein, including, without limitation, trade marks, designs, graphics, logos, button icons, data compilations and software, and the compilation and organisation thereof (collectively the “Content”), are owned by, and is the property of, Kiara, or in some cases, our affiliates, partners, licensors. These intellectual property rights are protected by Australian and international laws, including laws governing copyright and trade marks.
Your use of the Content grants no rights to you in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the Content or any portion of the Site. This includes, without limitation, Kiara Software and all HTML and other code contained in this Site.
You are permitted to use the Content only as expressly authorised by Kiara, its third party licensors and subject to the Copyright Act 1968 (Cth) and other related legislation. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting, of the above listed Content, in whole or in part, for any purpose without our express consent is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
Kiara makes no recommendations as to the use of any information or Content on this Site which may infringe the intellectual property rights of itself or any third parties. Kiara makes no representations or warranties that use of the information or Content on this Site will not infringe such intellectual property rights.
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to (and you are prohibited from doing any of the following): (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. All powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
REPRESENTATIONS AND WARRANTIES
The advice and information contained within the Site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While every effort is taken to ensure that the information contained within the Site is accurate, Kiara takes no responsibility for any loss or damage arising from its use.
Kiara does not promise that the Site and Content is error-free. Kiara does not promise that the functional aspects of the Site and Content will be error free or that this Site, Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The Site is presented “as is” and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not able to be excluded at law.
Certain legislation, including Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are able to do so, our liability under those provisions will be limited, at our option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired.
LIMITATION OF LIABILITY
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, relate to:
- your breach or non-observance of any term of these Terms and Conditions;
- any breach or inaccuracy in any of your representations or warranties; or
- your use of the Site.
NO COMMERCIAL USE
This Site (and any goods or services purchased on or via the Site) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via this Site. You may not use this Site (and any goods or services purchased on or via the Site), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.
USE OF INFORMATION
If you upload or otherwise provide any information or content (“User Content”) in the course of accessing or using the Site, you agree that such User Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any User Content which:
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, violent, degrading;
- infringes the intellectual or other proprietary interests of third parties;
- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
- violates any law, statute or regulation;
- forges information to disguise the origin of any User Content; or
- encourages or incites any other person to engage in any of the above behaviour.
You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), in all media now known or not currently known. You also waive any moral rights or similar rights you may have or may acquire in the future in that User Content in our favour.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than Kiara for convenience only. Kiara is not responsible for the content or accuracy of any off-site pages linked to or from the Site, nor are we responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. You should make your own reasonable enquires regarding the content of these sites. Your linking to or from these websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Kiara.
BREACH AND TERMINATION
If, in our reasonable opinion, you breach any provision of these Terms and Conditions we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Site. In any event, we may terminate these Terms and Conditions (and your right to use the Site) at any time and for any reason without prior notice to you.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
These Terms and Conditions is governed by and will be construed in accordance with the laws of the State of South Australia, Australia irrespective of where the application for your Client file has been completed. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions, and your participation in the Beauty Loop program, you submit to the exclusive jurisdiction of the Courts in the State of South Australia.
If you have any questions regarding these Terms and Conditions, please Contact Us.