Terms & Conditions
Terms of Service
Welcome to Lahfastyle.
Please read these Terms of Service (the
"TOS") and the Lahfastyle Privacy Policy and Honor Code prior to
registering for lahfastyle.com.au or using any portion of the Lahfastyle website
(the "Site," which consists of all content and pages located within
the lahfastyle.com.au web domain), including accessing any information, products
or other materials. These TOS, the Privacy Policy and all terms and conditions
in the site are agreements (may be hereinafter referred to, collectively, as
the "Agreements") between you and Lahfastyle. By using the Site, you
accept and agree to be legally bound by the Agreements, whether or not you are
a registered user on the Site. Do not continue to use Lahfastyle's website if you do not accept all of the terms and
conditions stated on this page.
Lahfastyle reserves
the right to modify these TOS at any time without any advance notice to you.
Any changes to these TOS will be effective immediately upon posting on this
page or on any other section of the Site. By accessing the Site after any
changes have been made, you signify your agreement to the modified TOS and all
of the changes contained therein.
Be sure to
return to this page periodically to ensure familiarity with the most current
version of these TOS.
DESCRIPTION OF LAHFASTYLE
Lahfastyle
is an ecommerce
website using the site and it's accounts in social media to market cosmetic and
beauty goods/products that must be allowed to occur in Australia based on the
internal law in New South Wales State.
RULES FOR ONLINE CONDUCT
You agree
that you are fully responsible for your own use of the Site and for your user
postings, which shall include all content submitted, posted, published or
distributed on the Site by you or by other users of the Site, including but not
limited to all products and activities, forum posts, notes, questions and comments. You agree that
you will use the Site in compliance with the Agreements and all applicable
local, national and international laws, rules and regulations, including
copyright laws, and any laws regarding the transmission of technical data
exported from your country of residence and Australia.
As a
condition of your use of Lahfastyle Site, you hereby undertake that you will
not use the Site in any manner intended to damage, disable, overburden or
impair any Lahfastyle server or the network(s) connected to any Lahfastyle server
or to interfere with any third party's use and enjoyment of the Site. You may
not attempt to gain unauthorized access to the Site, other accounts, computer
systems or networks connected to any Lahfastyle server through hacking,
password mining or any other means. You may not obtain or attempt to obtain any
materials or information stored on the Site, its servers or associated
computers through any means not intentionally made available through the Site.
THE FOLLOWING LIST OF ITEMS IS STRICTLY
PROHIBITED ON THE SITE:
· Content that
defames, harasses or threatens others;
· Content that
discusses illegal products or activities according to the regulations in force
in Australia;
· Content that
infringes a third party’s intellectual property, including, but not limited to,
copyrights or trademarks;
· Profane,
pornographic, obscene, indecent or unlawful content;
· Advertising
or any form of commercial solicitation;
· Content
related to any political products or activities;
· Content
related to religious products or activities or any kind of donations;
· Viruses,
trojan horses, worms, time bombs, corrupted files, malware, spyware or any
other similar software that may damage the operation of another's computer or
property; and
· Content that
contains intentionally inaccurate information or that is posted with the intent
of misleading others.
Furthermore,
you agree not to scrape, or otherwise download in bulk, any Site content,
including but not limited to a list or directory of users on the system, products,
user postings, comments or user information. You agree not to misrepresent or
attempt to misrepresent your identity while using the Site.
Any violation
of the above list of prohibitions shall entitle Lahfastyle to terminate you
use, access and/or participation to the Site without prior notice and you bear
all legal consequences and full responsibility for this.
USER ACCOUNTS AND AUTHORITY
In order to buy
products from Lahfastyle Site, you must provide your name, an email address and
a user password in order to create a user account (the "User
Account"). You agree that you will never divulge or share access or access
information for your User Account with any third party for any reason. In
setting up your User Account, you may be requested to enter additional information
such as your address. You represent that all information provided by you is
accurate and current. You agree to maintain and update your information to keep
it accurate and current.
We care about
the confidentiality and security of your personal information. Please see our
Privacy Policy for more information about what information Lahfastyle may
collect about you and how Lahfastyle uses that information. By accessing the
Site, you signify that you consent to the collection and use of your
information by Lahfastyle.
YOUR RIGHT TO USE CONTENT ON THE SITE
Unless
indicated as being in the public domain, all content on the Site is protected
by Copy Rights Law.
You agree to
retain all copyright and other notices on any content you obtain from the Site.
All rights in the Site and its content, are reserved by Lahfastyle.
Unless
otherwise expressly stated on the Site, the texts, videos, images and other
instructional materials provided with the products offered on the Site are for
your personal use in connection with those products only.
USER POSTINGS
User Postings
Representations and Warranties: Notwithstanding the list of items strictly
prohibited on the Site as highlighted above, by submitting or distributing your
User Postings, you affirm, represent and warrant (i) that you have the
necessary rights, licenses, consents and/or permissions to reproduce and
publish the User Postings onto the Site and to authorize Lahfastyle and its
users to reproduce, modify, publish and otherwise use and distribute your User
Postings in a manner consistent with the licenses granted by you under these
TOS, and (ii) that neither your submission of your User Postings nor the
exercise of the licenses granted below will infringe or violate the rights of
any third party. You, and not Lahfastyle, are solely responsible for your User
Postings and the consequences of posting or publishing them onto the Site.
License Grant
to Lahfastyle : By submitting or distributing your User Postings, you hereby
grant to Lahfastyle a worldwide, non-exclusive, transferable, assignable,
sub-licensable, fully paid-up, royalty-free, perpetual, irrevocable right and
license to host, transfer, display, perform, reproduce, modify, distribute,
re-distribute, relicense and otherwise use, make available and exploit your
User Postings, in whole or in part, in any form and in any media formats and through
any media channels (now known or hereafter developed).
License Grant
to the Users: By submitting or distributing your User Postings, you hereby
grant to each user of the Site (the “User(s)”) a non-exclusive license to
access and use your User Postings in connection with their use of the Site for
their own personal purposes.
TRADEMARKS
Use of Lahfastyle,
other participating Institutions Names, and Trademarks: The " Lahfastyle"
name and logo are trademarks of the Lahfastyle. Likewise, the names, logos, and
seals of the other participating Institutions are trademarks owned by the
respective Institution. You may not use any of Lahfastyle’s trademarks or any
of the Institutions’ trademarks, or any variations thereof, without the
relevant owner's prior written consent. You may not use any of the
Institutions’ trademarks, or any variations thereof, for promotional purposes,
or in any way that deliberately or inadvertently claims, suggests or, in the
Institutions' sole judgment, gives the appearance or impression of a relationship
with or endorsement by these Institutions.
All
Trademarks not owned by Lahfastyle, or the other participating Institutions
that appear on the Site or on or through the services made available on or
through the Site, if any, are the sole property of their respective owners.
Nothing
contained on the Site should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any trademark displayed on the Site
without the written permission of the owner of the relevant trademark.
DISCLAIMERS OF WARRANTY / LIMITATIONS OF
LIABILITIES
The site and any
information, content or services made available on or through the site are
provided "as is" and "as available" without warranty of any
kind (express, implied or otherwise), including, without limitation, any
implied warranties of merchantability, fitness for a particular purpose and
non-infringement, except insofar as any such implied warranties may not be
disclaimed under applicable law.
Lahfastyle does
not warrant that the site will operate in an uninterrupted or error-free manner,
that the site is free of viruses or other harmful components, or that the products,
activities or content provided will meet your needs or expectations. Lahfastyle
also makes no warranty about the accuracy, completeness, timeliness, or quality
of the site or any products, activities or content, or that any products, activities
or content will continue to be made available.
Use of the
site, and the content and services obtained from or through the site is at your
own risk. Your access to or download of information, materials or data through
the site or any reference sites is at your own discretion and risk, and you
will be solely responsible for any damage to your property (including your
computer system) or loss of data that results from the download or use of such
material or data, unless otherwise expressly provided for in the Lahfastyle privacy
policy.
User Postings
Disclaimer: You understand that when using the Site you may be exposed to User
Postings from a variety of sources and that Lahfastyle is not responsible for
the accuracy, usefulness, reliability or intellectual property rights of or
relating to such User Postings. You further understand and acknowledge that you
may be exposed to User Postings that are inaccurate, offensive, defamatory,
indecent or objectionable and you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you have or may have against Lahfastyle or
any of the Lahfastyle Participants with respect thereto. Neither Lahfastyle nor
any of the Lahfastyle Participants endorse any User Postings or any opinion,
recommendation or advice expressed therein. Neither Lahfastyle nor any of the Lahfastyle
Participants have any obligation to monitor any User Postings or any other user
communications through the Site.
However, Lahfastyle
reserves the right to review User Postings and to exercise its sole discretion
to edit or remove, in whole or in part, any User Posting at any time and for
any reason, or to allow the Lahfastyle Participants to do so at any time and
for any reason. Without limiting the foregoing, upon receiving notice from a
user or a content owner that a User Posting allegedly does not conform with
these TOS, Lahfastyle may investigate the allegation and determine, in its sole
discretion, whether to edit or remove, in whole or in part, the non-conforming
User Posting and at any time it chooses, without notice.
Links to
Other Sites: The Site may include hyperlinks to other sites, maintained or
controlled by others. Lahfastyle and the Lahfastyle Participants are not
responsible for and do not routinely screen, approve, review or endorse the
contents of or use of any of the products or services that may be offered at
these other sites. If you decide to access linked third-party sites, you do so
at your own risk.
To the
fullest extent permitted by the applicable law, you agree that neither Lahfastyle
nor any of the Lahfastyle participants will be liable to you for any loss or
damages, either actual or consequential, arising out of or relating to these
TOS’s, or your (or any third party's) use of or inability to use the site, or
your placement of content on the site, or your reliance upon information
obtained from or through the site, whether your claim is based in contract,
tort, statutory or other law.
In
particular, to the fullest extent permitted by applicable law, neither Lahfastyle
nor any of the Lahfastyle participants will have any liability for any
consequential, indirect, punitive, special, exemplary or incidental damages,
whether foreseeable or unforeseeable and whether or not Lahfastyle or any of the
Lahfastyle participants has been negligent or otherwise at fault (including,
but not limited to, claims for defamation, errors, loss of profits, loss of
data or interruption in availability of data).
INDEMNIFICATION
You agree to
defend, hold harmless and indemnify Lahfastyle and the Lahfastyle Participants,
and their respective subsidiaries, affiliates, governing board members, agents
and employees from and against any third-party claims, actions or demands
arising out of, resulting from or in any way related to your use of the Site,
including any liability or expense arising from any and all claims, losses,
damages (actual and consequential), suits, judgments, litigation costs and
attorneys' fees, of every kind and nature. In such a case, Lahfastyle or one of
the Lahfastyle Participants may, in their sole discretion, provide you with
written or oral notice of such claim, suit or action.
MISCELLANEOUS
Termination
Rights; Discontinuation of product and its activity and Content: You agree that
Lahfastyle, in its sole discretion, may terminate your use of the Site or your
participation in it, for any reason or no reason, upon serving notice to you to
the effect. It is Lahfastyle's policy to terminate, in circumstances it deems
appropriate, users of the Site who are repeat copyright infringers. Lahfastyle and
the Lahfastyle Participants reserve the right at any time in their sole
discretion to cancel, delay, reschedule or alter the format of any product and
its activity offered through Lahfastyle, or to cease providing any part or all
of the Site content or related services, and you agree that neither Lahfastyle nor
any of the Lahfastyle Participants will have any liability to you for such an
action. If you no longer desire to participate in the Site, you may terminate
your participation at any time. The rights granted to you hereunder will
terminate upon any termination of your right to use the Site, but the other
provisions of these TOS will survive any such termination.
Entire
Agreement: These TOS and all Lahfastyle agreements constitute the entire
agreement between you and Lahfastyle with respect to your use of the Site,
superseding any prior agreements between you and Lahfastyle regarding your use
of the Site.
Waiver and
Severability of TOS: The failure of Lahfastyle to exercise or enforce any right
or provision of these TOS shall not constitute a waiver of such right or
provision. If any provision of these TOS is found by a court of competent
jurisdiction to be invalid, the parties to the TOS nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision; the other provisions of these TOS shall remain in full force and
effect.
Choice of
Law/Forum Selection: You agree that these TOS and any claim or dispute arising
out of or relating to these TOS or any content or service obtained from or
through the Site will be governed by the laws applicable in New South Wales in Australia.
You agree that all such claims and disputes will be heard and resolved
exclusively in the Courts of New South Wales in Australia. You consent to the
personal jurisdiction of the said courts over you for this purpose, and you
waive and agree not to assert any objection to such proceedings in said courts
(including any defense or objection of lack of proper jurisdiction or venue or
inconvenience of forum).