Terms of Use

1. Governing Law

The site is controlled and operated on servers in a secure hosting facility in Brisbane, QLD Australia. These Terms & Conditions are governed by the laws of Australia. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Australia. You hereby waive any jurisdictional and venue defences that might otherwise be available to you.

2. Revisions to Terms & Conditions

The terms and conditions may be revised or amended at any time at our absolute discretion by posting revised terms. By continuing to use the site, you agree to the amended terms & conditions. If you do not agree to the new terms, your only remedy is to discontinue use of the site.

We make reasonable efforts to provide accurate and timely information about our products and services on the site, but we cannot guarantee that the information provided is always up to date and correct, or that the site contains all the relevant information available.

3. Site Content, Ownership, and Use 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 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 are owned or controlled, and are reserved.

The display of the content is not intended to be a comprehensive compilation of all proprietary ownership rights worldwide; other proprietary rights in one or more countries outside of Australia may be owned or controlled. All rights not expressly granted are reserved.

4. Products or Services

Certain products or services may be available exclusively either online or instore. These products or services have limited quantities and are subject to return or exchange only according to our Return Policy. We strive to accurately display the colors and images of our products that appear at instore. We cannot guarantee that your computer's monitor display of any color will be accurate. 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.

5. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, products 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.

We do not undertake an obligation to update, amend or clarify information in the Service or on any site, including without limitation, pricing information, except as required by law.

6. Advertising & Links to Third Party Websites

This site may contain information from or hyperlinks to internet websites operated by third parties. Such information or websites are not under our control and we are not responsible for the contents of any such information or website. We provide such information and hyperlinks as a convenience only, and the inclusion of any link does not imply endorsement of the linked website by us. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties' products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.

You further agree that the personal data you choose to give to unrelated third parties is not covered by our privacy policy and you are encouraged to review the privacy policy of any company or website before submitting your Personal Information. Some third parties may choose to share their personal data with us, and any such sharing is governed by that third-party company's privacy policy.

7. Personal, Non-Commercial Use

You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms & Conditions.

We encourage you to carefully read our privacy policy. By using, browsing, or accessing the pages or services on the site, you agree to be bound by the terms of the privacy policy and to the use of such personal information and any submissions in accordance with the privacy policy.

You agree not to use the site for any purpose that is unlawful or may be deemed as unlawful or prohibited by the Terms & Conditions, or to cause damage on or through use of the site. You warrant that none of your communications with or through the site will violate any applicable local, state, federal, provincial, national, or international laws and/or regulations or infringe upon the rights of any third party, or contain libellous, defamatory, obscene, or abusive material.

8. Prohibited Conduct

You are not authorized, without prior written permission of the Supplier and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by us may be used without our prior, specific, written permission or that of the trademark owner.

The content and material on the site is provided for lawful purposes only and any other use or modification of the content and materials found on the site violates the intellectual property rights of the Supplier. We retain complete and full title and intellectual property rights to all content and materials found on the site. You may not sell, modify, reproduce, repost, or convert any contents and/or materials on the site in any manner inconsistent with these Terms & Conditions.

9. Licence to Use

You grant us a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free licence to use any material, information, expression of ideas, and ideas that you transmit to this site or otherwise provide to us from the time you authorize it to be sent. This includes without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.

This license includes, without limitation, the irrevocable 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, in our name or our designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, you warrant that any “moral rights” in copyrighted materials have been waived.

10. User Conduct

You must not upload, post, transmit or otherwise make available through this site any material which: - violates or infringes the rights of others (including their privacy and intellectual property rights); - is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; - encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; - restricts or inhibits any other user from using the site; - affects the functionality or operation of the site or the servers or the functionality or operation of any user's computer systems (e.g., by transmitting a computer virus or other harmful component, whether knowingly or not); or - breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require us to take remedial action under any applicable industry code.

If at any stage we request you to send certain documents or submissions for contests or if without a request you send us creative ideas, suggestions, and plans whether online, by email, mail, or otherwise, you agree that we may, at any time without restriction, edit, copy, publish, distribute, translate and otherwise use any such documents/submissions/creative ideas at our sole discretion. We are and shall be under no obligation to maintain any comments or submissions or to pay any compensation for them.

11. Indemnity

You agree to indemnify and keep us indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by us in connection with your use of this site, your breach of these Terms & Conditions or your breach of any rights of third parties.

12. Intellectual Property

Intellectual Property developed throughout our dealings with you remains our property unless specifically stated otherwise. Unauthorized use of any of our Intellectual Property is a direct breach of these terms and conditions and may attract future implications, including legal action. It is also a breach of these Terms & Conditions for you to share any Intellectual Property with us which you do not legally own the rights to. Any such act will result in, among other possible actions, the immediate termination of the existing agreement between us and you.

13. Fees and Payments

All prices are exclusive of GST unless otherwise specified. Prices displayed on the Site are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted, we reserve the right to limit sales.

We reserve the right to refuse any order you place with us. We may, in our absolute and sole discretion, limit or cancel quantities purchased. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors, at our absolute and sole discretion.

All prices are in the Australian Dollar.

14. Confidential Information

During the course of any dealings with us, confidential information may be shared between the parties. Confidential Information means information/material relating to a party which comes into the possession or knowledge of the other party, and includes but is not limited to, strategic, corporate, and financial information. A party to the Confidential Information agrees that during the term of the agreement, and at all times after that, they will not disclose any Confidential Information, directly or indirectly, to any third party.

15. Limitation of Liability

Our total liability to you (if any) in connection with the Site, or with these Terms & Conditions or any goods or services supplied under them, will be limited to your discontinued use of the Site. To the maximum extent permitted by any applicable law, we exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party in connection with the Site in any way whatsoever or in connection with the use, inability to use or the results of use of the Site, including without limitation actions or activities resulting from the use of resources presented on the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may affect your computer equipment, software, data, or any other property on account of your use of or access to or browsing or downloading of any material from the Site or any website linked to the Site.

We will not be held liable for server outages, including but not limited to software failure, hardware failure, or internet connection failure. We will not be responsible for any losses or damages that may occur due to these server outages.

Nothing in these Terms & Conditions shall limit or exclude our liability in jurisdictions which do not allow the limitation or exclusion of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

16. Disclaimer of Warranty

We provide the site and our information, contents, materials, and services on an 'as is' basis and use of this site is at your own risk. We and our related companies, affiliates, licensors, or licensees, and their respective directors, officers, employees, or agents make no representation or warranty as to the accuracy, completeness, currency, or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, none of us will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for a particular purpose.

17. IP Protocol Addresses and Web Logs

Our web servers automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the site, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any Personal Information. We use IP addresses for purposes such as calculating site usage levels, helping diagnose problems with our servers, and administering the site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition, we may also record your IP address for fraud prevention purposes.

18. No Assignment and Waiver

You may not transfer or assign in any way any of your rights or obligations under these Terms & Conditions. Any such transfer or assignment shall be null and void.

Our failure to insist upon or enforce strict compliance with any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

19. Applicable Law, Jurisdiction and Severability

Access to and use of the Site and these Terms & Conditions are governed by the laws of Australia without giving effect to any conflicts of law or choice of laws principles. Any proceeding or legal action relating to your use, or access of the Site or compliance with these Terms & Conditions shall be in the jurisdiction of the courts of Australia. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available to you.

If any provision of these Terms & Conditions or the application of any such provision to any person or circumstance is held illegal, unenforceable, or invalid for any reason whatsoever, the remaining provisions of these Terms & Conditions and the application of such provisions to other persons or circumstances shall not be affected.

To the fullest extent possible, the court finding such provision illegal, unenforceable, or invalid shall construe and modify the provision so as to render it enforceable and valid as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of legality, enforceability, and validity.

20. Headings

You agree that the headings used in these Terms & Conditions are for convenience of reference only. Such headings will be and shall be ignored in the interpretation or construction of any of these Terms and Conditions.

21. Complete Understanding

You warrant and agree that these Terms & Conditions, including any associated privacy policy, constitute the entire understanding between you and us with respect to your use of the Site, including, but not limited to, all orders placed through the Site.

22. Dispute Resolution

In the event that you are not satisfied, you must initially attempt to resolve the dispute internally. You must notify us of the dispute and seek discussion and compromise to resolve it. If the dispute cannot be resolved internally through informal means, then you must partake in mediation to resolve the dispute, on the same terms as those ordered by the Supreme Court of Queensland, and the costs of the mediation shall be borne equally by you.

Only once you have attempted to resolve the dispute through the specified methods may you pursue other methods.

23. Results Disclaimer

We do not warrant that the results that may be obtained from using the products advertised on our site will be accurate or reliable. You agree that we do not guarantee, represent, or warrant that your use of our products and service will be secure or error-free.

Any results and information displayed on the site may inform you of your understanding and agreement that no representation or guarantee has been given in relation to the products and services and/or the results of product use or services.

We do not make any assurances that any prior successes or past results referred to on this site will apply in your situation. Further, if you rely on any figures or results posted on our site, you accept and understand the full risk of doing so and will not hold us personally liable for any reason whatsoever.

All information, products, and services provided are intended for educational and informational purposes only. The use of any information, products, or services should only be based on your own due diligence. We recommend that you always consult your personal health, beauty, medical, and other qualified professional advisors for an independent analysis.

You agree that we are not responsible for any losses or damages resulting from your use of any link, information, or opportunity contained within the site or within any information disclosed in any form whatsoever.

24. Termination

If at any time any of the Terms & Conditions are not complied with by you, then we reserve the right to terminate any agreement that may exist between the parties. Further, we reserve the right to terminate the agreement at any time, for any reason whatsoever.

25. Registration

All information provided must be complete, accurate, and current. We may at any time change the keywords used in any search engine marketing campaign, without giving you notice. By continuing the use of 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.

By submitting information, you are granting an irrevocable right to edit, copy, publish, distribute, and otherwise use any such content that is posted. All risk and responsibility attached to the distributing of any information on the public domain remains, at all times, with you. You represent and warrant that you are authorized to grant all the preceding rights, and those set out throughout these Terms & Conditions by continued use of the site.

26. Contacting Us

For more information, or if you have any questions about these Terms & Conditions, please contact us at: info@athena-lashes.com