Terms of Service – Beauty Crush Skin (beautycrushskin.com.au)
Welcome to the Beauty Crush Skin online store website (the “Website”).
Beauty Crush Skin provides this Website and Services (located at beautycrushskin.com.au) to you subject to the notices, terms, and conditions set forth in these terms (the “Terms of Service”). Throughout the site, the terms “we”, “us” and “our” refer to Beauty Crush Skin. In addition, when you use any of our Services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Terms of Service by this reference.
These Terms of Service are effective as of 29 April 2021.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any functions or features which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
Beauty Crush Skin retains the right to, at any time, modify or discontinue, any or all parts of the Website without notice.
Additionally, Beauty Crush Skin reserves the right, in its sole discretion, to modify these Terms of Service at any time, effective by posting new terms on the Website with the date of modification. You are responsible for reading and understanding the terms of this agreement prior to registering with, or using the Service. Your use of the Website and/or Services after any such modification has been published constitutes your acceptance of the new terms as modified in these Terms of Service.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Your eligibility for use of the Website is contingent upon meeting the following conditions:
You are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You use the Website and Services according to these Terms of Service and all applicable laws and regulations determined by the state and country of residence.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You provide complete and accurate registration information and maintain accurate registration information on the Website.
If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of our Websites not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorised the activity. You agree to notify us immediately at hello@beautycrushskin.com.au of any breach of security or unauthorized use of your Membership.
You agree and understand that Beauty Crush Skin may, at any time, and without prior notice, revoke and/or cancel your access if you fail to meet these criteria or violate any portion of these Terms of Use.
In connection with your use of our Website, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
Interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
Use automated scripts to collect information or otherwise interact with the Services or the Website.
Enter into this agreement on behalf of another person or entity without consent or the legal capacity to make such agreements as a representative of an organisation or entity.
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. Credit card information is always encrypted during transfer over networks.
All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this Website, or within the Services, are the sole property of Beauty Crush Skin.
Unauthorised use of any materials contained on this Website or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party’s rights, please contact Beauty Crush Skin immediately at the address provided below.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Gift Cards
Beauty Crush Skin Gift Cards (Gift Cards) entitle the holder to goods/services equal to the value stated on the Gift Card or remaining after partial redemption.
Gift Cards may not be exchanged (wholly or partly) for cash.
The value shown on a Gift Card includes GST.
Gift Cards are partially redeemable and any unused balance will remain on the Gift Card and cannot be redeemed for cash.
If the Gift Card holder’s order exceeds the amount of the Gift Card, the Gift Card holder will be required to pay for the difference in price between the value of the Gift Card and the retail price of the goods or services.
All Gift Cards sold at Beauty Crush Skin do not expire unless an expiration date is explicitly listed.
Should Beauty Crush Skin suspect any fraud relating to a Gift Card, Beauty Crush Skin may refuse to redeem the Gift Card until Beauty Crush Skin is satisfied that no fraud has occurred.
Beauty Crush Skin is not liable for any lost/stolen Gift Cards. Please contact Beauty Crush Skin immediately if your Gift Card has been lost/stolen. A Gift Card must be treated as cash as it will not be reissued, refunded or honoured if lost or stolen.
Gift Cards are not redeemable for other Gift Cards.
Coupons
Beauty Crush Skin reserves the right to remove coupon codes at Checkout if the usage of the coupon violates usage restrictions or does not meet usage criteria. If it is detected that intentional violation of coupon restrictions after the order has completed, Beauty Crush Skin reserves the right to cancel orders and refund the purchaser.
User Content
We may now or in the future permit users to post, upload, transmit through, or otherwise make available on our Websites (collectively, “submit”) product reviews, feedback, messages, templates, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”).
You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 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 take no responsibility and assume no liability for any comments posted by you or any third-party.
Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on our Websites. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
is an advertisement for goods or services or a solicitation of funds;
includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
contains a formula, instruction, or advice that could cause harm or injury; or
is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Websites will not be permitted.
By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of any of our Websites and these Terms of Use.
By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
Information Presentation
We are not responsible if information made available on this site is not accurate, complete or current. The material on this 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.
This site may contain certain historical information. Historical information, inherently, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Changes to Products, Services and Pricing
Occasionally, there may be information 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 reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
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 the technology that you use to display the Website will display colours accurately.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change without notice. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
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. This includes offers and/or promotions that were designed to be single use for a customer.
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 at our store. 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.
Third Party Providers
Certain content, products and services available via our Service may include materials from third-parties.
Our Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. Parts of this Terms of Service were created by Terms Use Template and the Privacy Policy Generator.
These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.
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 websites. 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.
By making a purchase on our Website, or engaging in our services, you agree to our third party providers contacting you occasionally for promotions, offers or to collect user content.
Terms and Conditions for Product Review
Beauty Crush Skin have engaged the services of Customer Reviews (CR) to contact our customers and collect product reviews.
Customer Reviews (CR) is a service for businesses that offer a voluntary scheme for verification of reviews submitted by customers. CR acts as an independent third party that invites all verified buyers to review their experience with products and services provided by the businesses. Reviews are then made public.
Please read the Terms and Conditions of Customer Reviews available at https://www.cusrev.com/reviewer-terms
If you do not accept these User Terms, you are kindly requested not to use Customer Reviews Website or Services any further. By submitting a review you are expressing acceptance of those Terms and Conditions for Reviewers available at https://www.cusrev.com/reviewer-terms
Third Party Features and Functions
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Disclaimer of Warranty, Indemnification and Limitation of Liability
The Website is provided “AS IS” and “AS AVAILABLE“. Beauty Crush Skin, its suppliers, officers, directors, employees, third-parties and agents exclude and disclaim all representations and warranties, express or implied, related to this Website or in connection with the Services. You exclude Beauty Crush Skin from all liability for damages related to or arising out of the use of this Website or Services.
You agree to indemnify and hold harmless Beauty Crush Skin and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs), 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 out of, related to, or that may arise in connection with: (i) your access to or use of any of our Websites; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. (vi) use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility
You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Severability
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to our Websites for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Service.
You agree that Beauty Crush Skin shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to our Websites or Services.
If you become a registered user, you may terminate your Membership at any time by contacting us at hello@beautycrushskin.com.au
Any suspension or termination shall not affect your obligations to us under these Terms of Service. The provisions of these Terms of Service which by their nature should survive the suspension or termination or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
For all enquiries about our Terms and Conditions, please send an email to hello@beautycrushskin.com.au