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Terms of Use | Zaylia Cosmetics

Zaylia Cosmetics Ltd and its affiliates provide their services to you subject to the following Terms of Use:

These Terms of Use ("Terms") govern your use of the Zaylia Cosmetics website located at www.zaylia.com. ("the Site") and form a binding contractual agreement between you, the user of the Site and us, Zaylia Cosmetics Ltd. By placing an order through this website, you agree to be bound by these Terms of Use, our Terms and Conditions of Purchase and our Privacy Policy.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us via email at info@zaylia.com.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

1. Licence to use Site

1.1 We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

1.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

1.3 You must not add any content to the Site:

(a) unless you hold all necessary rights, licences and consents to do so;

(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

(d) that would bring us, or the Site, into disrepute; or

(e) that infringes the intellectual property or other rights of any person.

1.4 The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated or any content available on any linked website.

1.5 You acknowledge and agree that:

(a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and

(b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

2. Electronic Communication

2.1 When you visit the Site or send e-mails to us, you are communicating with us electronically. By using the Site you consent to receive communications from us electronically.

2.2 You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Intellectual Property Rights

3.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

3.2 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

3.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

3.4 The licence in clause 3.3 will survive any termination of these Terms.

3.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 3.2 and 3.3.

4. Warranties

You represent and warrant to us that:

(a) you have the legal capacity to enter these Terms; and

(b) you have complied with clause 1.3.

5. Liability

5.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

5.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

5.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

(a) in the case of goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of having the goods repaired, and

(b) in the case of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again, but excluding the cost of postage.

6. Termination

6.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.

6.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

7. Virus Warning

All care is taken to ensure that the website and Zaylia Cosmetics data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.

8. General

8.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

8.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

8.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

8.4 This Agreement is governed by the laws of Australia and each party submits to the jurisdiction of the courts of Australia.

9. Entire Agreement

The parties acknowledge that these terms of use, the terms and conditions of purchase and the privacy policy contain the whole of the agreement between the parties, unless otherwise expressly agreed in writing.

10. No Waiver

No failure to exercise and no delay in exercising our rights, powers or privileges under this agreement operate as a waiver. No waiver of our rights, power or privileges under this agreement is effective unless made in writing.

11. Notices

Any notice or demand to be given under, or in relation to, these terms and conditions will be deemed to be duly given or made if it is in writing and, in our case, left at, or sent by prepaid post to, us at our place of business and, in your case, if it is in writing and left at, or sent by prepaid post to, you at the address nominated by you at the time of purchase. Any notice or demand sent by post will be deemed to have been received by the party to whom it is addressed on the day which in the normal course of post it would have been delivered.

12. No Merger

None of the terms and conditions, nor any act, matter or thing done under or by virtue of, or in connection with, this agreement will operate as a merger of any of our rights and remedies in or under this agreement or otherwise. All such rights and remedies will continue in full force and effect.