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Terms and Conditions
Last modified: 5 December 2020
Welcome to Maca Balm!
These terms and conditions apply to the use of our macabalm Pty Ltd (macabalm) (ABN 83 619 205 891) website, including the purchase of macabalm products on our website.
By using Maca Balm products and services on our website, you are agreeing to these terms and conditions. Please read them carefully.
If you do not accept these terms and conditions, you must refrain from using the macabalm website.
These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the macabalm website.
These terms and conditions are subject to Australian Consumer Law.
In these terms and conditions, the expressions "we", "us" and "our" are a reference to macabalm.
Use of the expression “macabalm products” includes macabalm products available via the macabalm website.
We may change these terms and conditions. Amendments will be effective immediately upon notification on the macabalm website. Your continued use of either the macabalm website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
4. Electronic Contracting
Your use of the macabalm website includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to transactions you enter into on our website, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
macabalm online purchase procedure
Purchase request information
When you purchase macabalm products, you must supply your name, email address, delivery address, bank card number, expiration month and year, CVC and any other purchase information as specified on our website.
Purchase request approval and rejection
After receipt of your purchase request, we will at our discretion accept or reject your offer to purchase. We may reject your purchase request for a number of reasons including but not limited to insufficient funds in your bank account.
Delivery of macabalm products to you
Important points about your purchase request:
We are not required to give reasons for rejecting your offer to purchase.
If we reject your offer to purchase for any reason, neither party will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
Delivery of macabalm products to you will be effected in the manner described on the macabalm website.
You will not be able to receive macabalm products until payment has been received.
Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax.
If you are located outside Australia, you may be required to pay customs and duties and you are solely responsible for paying these amounts.
macabalm products are offered for sale only to persons who can make legally binding contracts.
Cancellation due to error
You acknowledge that despite our reasonable precautions, macabalm products or services may be listed at an incorrect price or with incorrect information due to a typographical error or other oversight. In these circumstances, we reserve the right to cancel the transaction, even though your purchase has been confirmed and your bank card has been charged. If a cancellation like this occurs after your bank card has been charged for the purchase, we will immediately issue a credit to your bank account for the amount in question.
Disclaimer of warranties: liability limitation
You may have rights under statutory consumer protection laws including the Competition and Consumer Act 2010 (Cth). The following disclaimer of warranties and liability limitations apply subject to any rights you may have under such laws.
Suitability of our products
We make no warranty about the suitability of our products for your particular circumstances. We do not accept any liability for any injury, loss or damage that you suffer as a result of selecting unsuitable products and services for your circumstances.
Information not advice
Our website contains information only and not advice. If you are subscribed to our mailing list, we may also send you information. You should not rely on our information as a substitute for professional skincare, health or medical advice. You should consult with your skincare, health care professional or doctor for advice.
Errors and updates
While we do our best to ensure that information on our website is error free and up to date, our information may contain errors and may not be up to date because of developments in skincare and health research that may impact the information on our website. We do not accept liability for any injury, loss or damage that you suffer because of your reliance on information on our website.
macabalm does not guarantee, represent, or warrant that your use of macabalm’s website will be uninterrupted or error free.
In addition to any other provision in these terms and conditions, macabalm and any of its licensors reserve the right to change, suspend, remove or disable access to any macabalm product, content or other materials at any time without notice to protect its legitimate interests. In no event will macabalm be liable for making these changes. macabalm may also impose limits on the use of or access to certain features or portions of the macabalm product or website or stop a macabalm product or service on offered on its website altogether, in any case and without notice or liability to protect its legitimate interests. Our disclaimer will survive termination.
macabalm available “as is”
You expressly agree that your use of, or inability to use the macabalm products and website is at your sole risk. The macabalm website and products are delivered to you “as is” and “as available” for your use, without warranties of any kind and this includes express or implied warranties and all implied warranties of merchantability, fitness for a particular purpose, title and non infringement.
Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In addition, under the Australian Consumer law, there are certain consumer guarantees that cannot be excluded, including guarantees as to merchantability, fitness for purpose, supply by description, repairs and title.
Exclusion of liability
In no case will macabalm, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any macabalm website including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, product or service transmitted or otherwise made available via macabalm.
macabalm will use reasonable efforts to protect information submitted by you, but you agree that your submission of such information is at your sole risk, and macabalm disclaims any and all liability to you for any loss or liability relating to such information in any way to the fullest extent permitted by law.
Viruses and security breaches
macabalm does not represent or guarantee that macabalm’s website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and macabalm disclaims any liability for these occurrences.
You must take your own precautions to ensure that the process which you employ for accessing the macabalm website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on our website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of macabalm services.
Certain legislation, including the Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon macabalm that cannot be excluded, restricted or modified. These terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which macabalm is entitled to do so, macabalm limits its liability in respect of any claim under those provisions to:
In the case of services, at macabalm’s option:
supplying the products again; or
the payment of the cost of having the products supplied again.
9. Waiver and indemnity
By using macabalm’s website, you agree, to the extent permitted by law, to indemnify and hold macabalm, its’ directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless with respect to any claims arising out of your breach of these terms and conditions, your misuse of macabalm products and services, or to the extent permitted by law any action taken by macabalm as part of its investigation of a suspected violation of these terms and conditions or as a result of its finding or decision that a violation of these terms and conditions has occurred.
You agree that, to the extent permitted by law you cannot sue or recover any damages from macabalm, its directors, officers, employees, affiliates, agents, contractors, principals and licensors as a result of macabalm’s decision to remove or refuse to make available any product or service, competition, information or content, to warn you, to suspend or terminate your access to macabalm products or services or to take any other action during the investigation of a suspected violation or as a result of macabalm’s reasonable conclusion that a violation of these terms and conditions has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these terms and conditions.
Illegal accessYou must ensure that your access to the macabalm website is not illegal or prohibited by laws that apply to you.
Australian lawDetails contained on the macabalm website relating to macabalm products have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the macabalm website concerning macabalm products will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any services from the macabalm website.
Exclusion of CISGThe application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.
Accuracy of information and offerings
We do not give you any assurances that any information, product or service on the macabalm website will be suitable for your purposes or that information about our products will be error-free. You agree that you will not rely on any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
We do not accept responsibility for any loss suffered as a result of reliance by you upon macabalm information, it’s accuracy or the availability of products or services on the macabalm website.
AdvertisementsResponsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' services and each advertiser is solely responsible for any representations made in connection with its advertisement.
You agree that the macabalm website contains proprietary information and material that is owned by us, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of macabalm in compliance with these terms and conditions. The macabalm intellectual property cannot be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works in any manner, and you will not exploit macabalm’s intellectual property in any unauthorised way whatsoever, including, but not limited to, by trespass.
Copyright in the macabalm website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.
Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar Australian legislation, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of macabalm’s website; or
commercialise any information, products or services obtained from any part of macabalm’s website, without our written permission.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark.
If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
in or as the whole or part of your own trademarks;
in connection with activities, services or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information or services (including the macabalm website).
Termination for breach of terms and conditions
If you fail, or macabalm suspects that you have failed, to comply with any of the provisions of these terms and conditions, including but not limited to providing false information on any form we ask you to complete, macabalm, at its sole discretion, without notice to you, and without waiving your liability for all amounts due from you, may preclude your access to macabalm’s products.
Licence of macabalm services
The software services on our website made available through macabalm are licensed, not sold to you.
You acknowledge that the licence to each macabalm service that you obtain, is a binding agreement between you and macabalm. Your licence to each macabalm service is subject to your prior acceptance of this Licensed Application End User Licence Agreement (“Standard EULA”), and you agree that the terms of this Standard EULA will apply to each macabalm service that you licence through macabalm unless that macabalm service is covered by a valid end user licence agreement between you and another macabalm provider, in which case the terms of that separate end user licence agreement will govern.
Your licence to any macabalm service under this Standard EULA or separate end user licence agreement is granted by macabalm, and your licence to any Third-Party service under this Standard EULA or separate end user licence agreement is granted by the Application provider of that Third Party service.
Any macabalm service that is subject to the licence granted under this Standard EULA is referred to as the “Licensed Application”. The Application Provider or macabalm as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
Scope of licence
This licence granted to you for the Licensed Application by the Licensor is limited to a non transferable licence to use the Licensed Application on any device that you own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time.
You may not rent, lease, lend, sell, transfer, re-distribute or sublicense the Licensed Application. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included within the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
UpgradesThe terms of this licence will govern any upgrades provided by a Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern.
Consent to use of data
You agree that the Licensor may collect and use technical data and related information including but not limited to technical information about your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates, service support, and other services to you (if any) related to the Licensed Application. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its services or to provide services or technologies to you.
You acknowledge that upon acceptance of the terms and conditions of the licence, macabalm will have the right to enforce such licence against you.
The macabalm website
The macabalm website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, services or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
To this website
Except on the terms of any access agreement separately agreed by us, we give no licence to exercise any intellectual property rights in anything (including information and content such as videos, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via the macabalm website ("materials").
Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any materials by you and by any controlled persons must be subject to you:
ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
ensuring that all links to any materials are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked materials that the source of the materials is this website;
ensuring that anyone that accesses our materials through a link on your website does not circumvent limits (including technological restrictions and as to location) applying in respect of the materials were the materials to be accessed or sought to be accessed directly from our website rather than via your links; and
being otherwise subject to our directions, including any take down, cease or desist directions.
How we handle emails
We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.
Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this website.
These terms and conditions are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts in that state.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Acceptance of terms and conditions
By returning to our website after reading these terms and conditions, you acknowledge that you have read, understood and accept the above terms and conditions.
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