Terms & Conditions
1. Overview
This site is operated by Glow It Girl Pty Ltd (Company, We, Us, Our). By visiting Our site and / or purchasing something from Us, you agree to be bound by the following terms and conditions (Terms), including those additional terms and conditions and policies referred to / linked in these Terms. These Terms apply to all users of this site, whether customer, vendor, content contributor or browser.
Please read these Terms carefully before accessing or using Our site. If you do not agree to all of these Terms, then you may not access Our site or acquire any of Our products and services.
We reserve the right to update, change or replace some or all of these Terms at any time, including by posting updates and/or changes to Our site. Your continued use of, or access to, Our site following the posting of any changes constitutes Your acceptance of those changes.
2. ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your place of residence and you have given Us your consent to allow any of your minor dependents to use Our site.
You may not use Our products for any illegal or unauthorised purpose nor may you, in the use of Our site, products or services, violate any laws in your jurisdiction.
A breach or violation of any of these Terms may result in the termination of your right to access Our site, products or services.
3. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Our site without express written permission by Us.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on Our site is not accurate, complete or current. The material on Our site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
5. MODIFICATIONS TO OUR PRODUCTS AND SERVICES
Prices for Our products are subject to change without notice. We reserve the right at any time to modify or discontinue any of Our products or services (or any part of them) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of Our products or services.
6. PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through Our site. These products and services may have limited quantities and may not be returned or exchanged, except to the extent required by law.
We have made every effort to display as accurately as possible the colours and images of Our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of Our products, or the supply of Our services, to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Our products or services that We offer. All descriptions of products or product pricing are subject to change at anytime without notice, at Our sole discretion. We reserve the right to discontinue any of Our products at any time.
Except were required by law, We expressly exclude any and all representations and warranties with respect to Our products and Service.
7. 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 and/or billing address/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 from Us. 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.
8. THIRD-PARTY LINKS
Certain content, products and services available via Our site may include materials from third-parties.
Third-party links on Our site may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third-parties.
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 review carefully the third-party's 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 third-party.
9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at Our request, or by your own volition you send Us comments, feedback, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (Comments), you acknowledge and agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such Comments. We are under no obligation to (i) maintain any Comments in confidence; (ii) pay compensation for any Comments; or (iii) respond to any Comments.
By making any Comment to Us, you represent, acknowledge and agree that: (i) your Comments will not violate any right of any third-party, including the intellectual property rights of any third-party; (ii) your Comments will not contain libellous or otherwise unlawful, abusive or obscene material; and (iii) your Comments do not contain any computer virus or other malware that could in any way affect the operation of Our site.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy.
We may, but have no obligation to, monitor, edit or remove, any content on Our site, including any Comments.
10. PERSONAL INFORMATION
We will handle any personal information that you provide to Us in accordance with Our Privacy Policy. Our Privacy Policy can be accessed through Our site.
11. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on Our site, or on, part of, or accompanying, Our products and services, that contains typographical errors, inaccuracies or omissions. Such typographical errors, inaccuracies or omissions may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We may, at any time and without prior notice, correct any such errors, inaccuracies or omissions, change or update information, or cancel any orders you have placed with in connection with such typographical errors, inaccuracies or omissions (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on Our site, or in connection with Our products and services, including without limitation, pricing information, except as required by law. No specified update or refresh date in connection with Our site, or products and services, should be taken to indicate that all information on Our site or provided in connection with Our products and services has been modified or updated.
12. PROHIBITED USES
In addition any to other prohibitions set out in these Terms, you are prohibited from using Our site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state laws, regulations, rules, or ordinances; (iv) to infringe upon or violate Our intellectual property rights or the intellectual property rights of third-parties; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate Us or third-parties; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Our or third-party sites; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of Our or third-party sites. We reserve the right to terminate your use of Our site or any related site for violating any of these Terms.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of Our site will be uninterrupted, timely, secure or error-free.
You agree that from time to time We may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, Our site is at your sole risk. Our products and services delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including to the maximum extent permitted by law, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
To the maximum extent permitted by law, in no case shall Glow It Girl Pty Ltd, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of Our site, products and services, including, but not limited to, any errors or omissions in any content on Our site, or any loss or damage of any kind incurred as a result of the use of Our Site, products or services.
INDEMNIFICATION
You agree to indemnify, defend and hold the Company and Our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
15. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination of these Terms shall survive the termination of these Terms for all purposes.
These Terms are effective unless and until terminated by Us. You may also terminate these Terms at any time by notifying Us in writing that you no longer wish to use Our site, products or services.
If, in our sole judgment you fail, or We suspect that you have failed, to comply with these Terms, We may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Our products and / or services (or any part thereof).
16. ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by Us on Our site, or an additional terms and conditions accompanying Our products and / or services, constitutes the entire agreement and understanding between you and Us and govern your use of Our site, products and services, 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).
The failure of Us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
17. GOVERNING LAW
These Terms and any separate agreements by which We provide you with Our products and services are governed by and construed in accordance with the laws of New South Wales, Australia.
18. CONTACT INFORMATION
Questions about the Terms of Service should be sent to Us at hello@glowitgirl.com