Terms of service

OVERVIEW

These terms and conditions (Terms) govern your use of the LASH PLUG website located at https://lashplug.com.au  (Website) and our supply of goods through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, LASH PLUG (LASH PLUG, our, we or us).  

The Supplier may share and/or swap information, including Personal Information, with other Supplier related companies, affiliates, licensors and licensees.

You confirm that you have read and understand these Terms and Conditions (the "T&C's") by using, browsing, or accessing any of the Site's pages or services. Please refrain from using the Site if You disagree with these T&Cs. Additionally, you consent to us receiving any necessary notices (if any). You acknowledge that the disclaimers and other clauses in these T&C's limit the responsibility of the Suppliers or the LASH PLUG to You. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - GOVERNING LAW

The Supplier controls and operates this site on servers in a secure hosting facility in Sydney, NSW Australia. These T & C's are governed by the parliament laws of Australia. You and the Supplier agree to submit to the non-exclusive jurisdiction of the courts of Australia. You hereby waive any and all jurisdictional and venue defences that might otherwise be available to You.

SECTION 2 - REVISIONS TO T & C ' S 

The Supplier reserves the right to modify or amend these T&C's at any time, at their sole discretion, by posting the revised terms. If any portion of these T&C's is deemed unenforceable, the remainder of the T&C's will remain in full effect. Any changes to the T&C's will be effective immediately, and your continued use of the Site signifies your agreement to the amended T&C's. If you do not agree to the new T&C's, your only option is to discontinue using the Site. The Supplier and LASH PLUG make reasonable efforts to provide accurate and timely information about their products and services, but they cannot guarantee the information's accuracy or completeness.

SECTION 3 - SITE CONTENT, OWNERSHIP, AND USE OF RESTRICTIONS 

The material on the Site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by the Supplier and LASH PLUG. The display of the Contents is not intended to be a comprehensive compilation of all of the Suppliers worldwide proprietary ownership rights and the Supplier may own or control other proprietary rights in one or more countries outside of Australia. All rights not expressly granted are reserved.

SECTION 4 - PRODUCTS OR SERVICES (if applicable)

We may offer certain products or services exclusively online with limited quantities, and they are subject to our Return Policy for returns or exchanges. We strive to display our products' colours and images in-store as accurately as possible. We reserve the right to limit sales of our products or services to any person, geographic region, or jurisdiction, and we may do so on a case-by-case basis. We may also restrict the quantities of any products or services we offer and modify product descriptions or pricing at our sole discretion. We may discontinue any product at any time, and any offer made on this site for a product or service is void where prohibited. We cannot guarantee that any purchased products or services will meet your expectations or that any Service errors will be corrected.

SECTION 5 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We're not bound to update, modify, or clarify information on our Service or related website, such as pricing information, unless required by law. The absence of a specified update or refresh date shouldn't be taken to mean that all information on the Service or related website has been changed or updated.

SECTION 6 - THIRD-PARTY LINKS

Our Service may offer content, products, and services from third-parties. Third-party links on our site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating third-party content or accuracy, and we don't warrant or accept liability for third-party materials, websites, or any other third-party products or services. We're not liable for any harm or damages related to the purchase or use of third-party goods, services, resources, or content. You should carefully review third-party policies and practices before engaging in any transaction. If you have any complaints, claims, concerns, or questions about third-party products, please contact the third-party directly.

SECTION 7 - PERSONAL, NON-COMMERCIAL USE 

You must obtain our written permission before exploiting any of our site materials for commercial or other non-permitted purposes. We recommend that you carefully read the Supplier's privacy policy. By using, browsing, or accessing the Site's pages or services, you agree to the Privacy Policy's terms and to the use of your personal information and any submissions by the Supplier and/or LASH PLUG in accordance with the Privacy Policy, unless otherwise required by law. You agree not to use the Site for any unlawful purpose or to cause damage through its use. You guarantee that none of your communications with or through the Site will violate any local, state, federal, provincial, national, or international laws and/or regulations or infringe upon the rights of any third party or contain libelous, defamatory, obscene, or abusive material.

SECTION 8 - PROHIBITED CONDUCT

You're prohibited from using the site or its content in any way that violates the Terms of Service, including but not limited to: (a) engaging in any unlawful activities; (b) soliciting others to participate in illegal acts; (c) breaking any local, state, federal, or international rules, regulations, or laws; (d) infringing on our or others' intellectual property rights; (e) engaging in any form of harassment, discrimination, or harm based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or other malicious code; (h) collecting or tracking personal information of others; (i) engaging in spamming, phishing, pretexting, spidering, crawling, or scraping; (j) engaging in any obscene or immoral activities; or (k) interfering with or circumventing the Service's or any related website's security features. We can terminate your use of the Service or any related website if you violate any of these prohibited uses.

SECTION 9 - LICENCE TO USE

By authorising the transmission of any material, information, or ideas to the Supplier or otherwise providing them, you grant the Supplier a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use them without restrictions or payment to you or any third party. This license includes the right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the submission, and all rights therein, throughout the world in perpetuity, in all media now or hereafter known or created. You also warrant that any "moral rights" pertaining to any copyrighted materials have been waived.

SECTION 10 - USER CONDUCT

You are prohibited from uploading, posting, transmitting or making available through this site any material that violates the rights of others, is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane, or may incite hatred or cause distress or inconvenience to any person. You must not encourage conduct that would constitute a criminal offence, give rise to civil liability, or violate any law. You must not restrict or inhibit the Supplier or any other user from using the site, affect the functionality of the site or the Supplier servers, or breach any standards, content requirements or codes promulgated by any relevant authority. If you send us creative ideas, suggestions, or plans, you agree that we may use them without restriction, and we are under no obligation to maintain or pay any compensation for comments or submissions.

SECTION 11 - INDEMNITY 

You agree to indemnify and hold the Supplier harmless against any claim, demand, injury, damage, loss, expense, cost, or liability, whether direct or indirect, made against or suffered by the Supplier in connection with your use of this site, your breach of these T&C's, or your breach of any third party rights.

SECTION 12 - INTELLECTUAL PROPERTY 

Unless explicitly stated otherwise, the Supplier retains ownership of any property developed during their dealings with you. Unauthorised use of the Supplier's and/or LASH PLUG Intellectual Property is a direct violation of these terms and conditions and may result in legal action. Sharing any Intellectual Property with the Supplier and/or LASH PLUG that they do not legally own the rights to is a strict violation of these T&C's. Any such act may result in the immediate termination of the existing Agreement between the Supplier and you.

SECTION 13 - FEES AND PAYMENTS 

All prices include GST unless stated otherwise. Prices displayed on the Site are current at the time of issue but are subject to change and availability. We reserve the right to limit sales and refuse any order you place with us. We may limit or cancel quantities purchased at our discretion. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address provided. We reserve the right to limit or prohibit orders placed by dealers, resellers, or distributors at our discretion. All prices are in Australian Dollars.

SECTION 14 - CONFIDENTIAL INFORMATION 

Throughout the course of any dealings with the Supplier and/or any LASH PLUG, confidential information may be exchanged between the parties. Confidential Information refers to information or material concerning a party that comes into the possession or knowledge of the other party, including but not limited to strategic, corporate, and financial information. The party who receives Confidential Information agrees to maintain the confidentiality of such information during the term of the agreement and beyond, and will not disclose any Confidential Information, either directly or indirectly, to any third party.

SECTION 15 - LIMITATION OF LIABILITY  

We will only be responsible for your discontinuation of the Site if we are found liable to you. We exclude all liability for any loss or damage that may result from your use of the Site or any websites linked to it, including but not limited to viruses that may affect your computer or other property. We are not responsible for server outages or any losses or damages that may occur due to them. Our liability is limited to the extent permitted by law.

SECTION 16 - DISCLAIMER OF WARRANTY 

The Supplier provides the Site and its contents "as is" and assumes no responsibility for the accuracy, completeness, currency, or reliability of the information contained on the Site. The Supplier, its affiliates, licensors, and their respective directors, officers, employees, or agents make no representation or warranty regarding the information contained on the Site and will not be liable for any errors or omissions in the information. The Supplier disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties or conditions of merchantability or fitness for a particular purpose. We do not guarantee that the use of our service will be secure or error-free, and we do not warrant that the results obtained from the use of our website will be accurate or reliable.

SECTION 17 -  IP PROTOCOL ADDRESSES AND WEB LOGO

The Site's web servers automatically collect the IP addresses and log files of visitors, which are identifying numbers assigned to computers by ISPs. This information is logged in our server log files along with the time(s) of your visit(s) and the page(s) that you visited, and is used in an aggregate form only for purposes such as calculating Site usage levels, diagnosing problems with the servers, and administering the Site. IP address collection is a standard practice on the Internet and is done automatically by many websites. We may also record your IP address for fraud prevention purposes. This information does not contain any Personal Information.

SECTION 18 - NO ASSIGNMENT AND WAIVER 

You are not allowed to transfer or assign any of your rights or obligations under these T&C's, as any such transfer or assignment will be considered null and void. The Supplier and/or the LASH PLUG's failure to insist upon or enforce strict compliance with any provision of these T&C's will not be interpreted as a waiver of any provision or right.

SECTION 19 - APPLICABLE LAW, JURISDICTION AND SEVERABILITY 

The laws of Australia govern your access to and use of the Site and these T&C's without any conflicts of law or choice of laws principles. Any legal action relating to your use or access of the Site or compliance with these T&C's shall be in the jurisdiction of the courts of Australia. You waive any jurisdictional and venue defences that could be available to you. If any provision of these T&C's is held illegal, unenforceable, or invalid for any reason, it will not affect the remaining provisions of these T&C's and their application to other persons or circumstances. The court will construe and modify the provision to render it enforceable and valid against all parties and provide the maximum possible protection to persons subject to indemnification within the bounds of legality, enforceability, and validity.

SECTION 20 - COMPLETE UNDERSTANDING

You agree and warrant to the Supplier that these T&C's and the LASH PLUG privacy policy comprise the complete agreement between you, the Supplier, and the LASH PLUG regarding your use of the Site, including all orders made through the Site.

SECTION 21 - DISPUTE RESOLUTION 

If you are not satisfied with the Supplier and/or LASH PLUG, you must first try to resolve the dispute internally. You must notify the Supplier and/or LASH PLUG of the dispute and seek discussion and compromise to resolve the dispute. If the dispute cannot be resolved internally through informal means, you must participate in mediation to resolve the dispute, following the same terms as those ordered by the Supreme Court of New South Wales, and the costs of the mediation will be shared equally by you. You can only pursue other methods once you have attempted to resolve the dispute through the specified methods above.

SECTION 22 - RESULTS

The website may display results and information from the Supplier and/or LASH PLUG regarding product use. You acknowledge and agree that no representation or guarantee has been made regarding the results of product use. The Supplier does not guarantee that any prior successes or past results referred to on this Site will apply to your situation. Furthermore, if you rely on any figures or results posted on this Site, you accept the full risk of doing so and will not hold the Supplier and/or LASH PLUG liable in any way. All information, products, and services provided by the Supplier and/or LASH PLUG are intended for educational and informational purposes only. You should only use any information, products, or services provided by the Supplier and/or LASH PLUG after conducting your own due diligence. The Supplier and/or LASH PLUG recommend that you always consult your personal health, beauty, legal, financial, and other qualified professional advisors for an independent analysis. You agree that the Supplier and/or LASH PLUG are not responsible for any losses or damages resulting from your use of any link, information, or opportunity contained within LASH PLUG or within any information disclosed by the Supplier and/or LASH PLUG in any form whatsoever.

SECTION 23 - REGISTRATION 

You must provide the Supplier and/or LASH PLUG with complete, accurate, and current information. The Supplier and/or LASH PLUG reserve the right to change the keywords used in any search engine marketing campaign without prior notice. By continuing to use this Site, you agree to comply with any additional copyright notices, information, or restrictions contained in any keywords or other material available on or accessed through the Site. When you submit information to the Supplier and/or LASH PLUG, you grant an irrevocable right to edit, copy, publish, distribute, and use any such content that is posted. You are solely responsible for any risk and liability associated with the distribution of any information on the public domain. You represent and warrant that you are authorized to grant all the aforementioned rights and those set out throughout these T&C's by continuing to use the Site.

SECTION 24 - DISCOUNT CODES DURING SALE PERIODS 

Discount codes are not available to use on any items that been discounted or currently on sale.

SECTION 25 - CONTACTING US 

For more information, or if You have any questions about these T & C's, please contact us at lashplugaus@gmail.com