Website Terms of Use and Disclaimer

Welcome to the Private Label Skin Care website! We are excited to have the opportunity to show you how our range of ethical and natural skincare may help you on your skincare journey. This document sets out how you can (and can’t) use our website: www.privatelabelskincare.com.au

This website (located at ) is owned and operated by Private Label Skin Care Pty Limited (ABN 91 616 762 157) (“Private Label Skin Care", “we”, “us”). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms of use and disclaimer, which govern our relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

Please note that there is further super simple and easy to read legal terms and conditions that will apply to the purchase of any products described on our website.

Please refer to our Supply Agreement for the complete legal fine print and practical stuff.

Your use of this website is subject to the following terms of use:

1. Use of our website

The content of this website is for your general information and use only and is subject to change without prior notice.

You can only ever use our website for lawful purposes (such as researching and purchasing our goods or contacting us) in a manner consistent with the nature and purpose of the website, and in a way that doesn’t impact on anyone else’s use and enjoyment of the website. We have a zero-tolerance policy for users who conduct themselves unlawfully or encourage such conduct, who post any defamatory, obscene, offensive or scandalous material, harass or cause distress or inconvenience to any person, or disrupt the website. We reserve the right to ban any users who engage in such behaviour.

You’re not permitted to change, add to, remove, copy, deface, hack or otherwise interfere with our website or any material or content displayed on the website, or attempt to do any of those things.

Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

2. Intellectual property

This website, as well as some of the products sold through it, contain material which is owned by or licensed to us. This material includes, but is not limited to, the text, photographs, content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the website and some of our products, which are protected by copyright and trade mark under the laws of Australia and through international treaties.

All copy, photographs, designs, trade marks, service marks and trade names are owned, registered and/or licensed by us, save for any trademarks reproduced on this website which are not the property of or licensed to us, which are acknowledged on the website.

As a user of our website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our website in accordance with these terms, to copy and store the website and its content in your device's cache memory and to print pages from the website for your own personal and non-commercial use.

The following uses of our website and its content are STRICTLY forbidden:
a) copying and reusing or producing text, images, photographs or any of our original content (including any of our downloadable content) – such use amounts to an infringement of our copyrights; and
b) purchasing our goods and reselling them as your products under your own brand without our prior written consent (which will be granted under our Supply Agreement) – such use amounts to ‘passing off’ of our products as your own which is prohibited by the Australian common law; and

If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.

We love it when you post about our products on social media. If you do share images or videos (or any other depiction whatsoever) of our products on your social media (“Posts”), you provide to us your express and unconditional consent to share your Posts on our social media. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts.

Except as outlined above, we don’t grant you any other rights whatsoever in relation to the website- all other rights are expressly retained and reserved by us and nothing you do on or in relation to the website will transfer any intellectual property or associated rights.

Liquidated damages and legal action

If you breach our any of our intellectual property rights (whether our copyrights, trade mark rights or other) and/or these terms, you expressly agree that you will be liable to reimburse Private Label Skin Care for all losses incurred by it as a result of your breach, being a minimum amount of $10,000 for damage to our goodwill and that Private Label Skin Care may recover its losses from you by way of liquidated damages.

Without limitation to the above, we reserve the right to take legal action against you to protect our intellectual property rights should you engage in any of the forbidden conduct set out above or you infringe our intellectual property rights in any other way.

3. Submissions

Blog and social media
We’ll sometimes ask our users to contribute content to our website or social media. Please note before you do so that any material you send to us (including any data, questions, comments, suggestions, ideas, designs, images, photographs, videos, audio, marks or other information) will be deemed to be non-confidential and non-proprietary, unless you tell us otherwise. You authorise us to use it for any purpose, without compensation to you.

We maintain a blog on our website to tell you all about things close to our heart, including our product range, key ingredients and inspiration. As a website user, we may give you the opportunity to comment on our blog posts. Please note that we do regularly screen and review blog comments and we reserve the right to remove comments that we consider may not align with our brand values, however we are under no obligation to do so and do not provide any warranty or guarantee as to reviewing and/or removing content. We do not adopt any comments made, unless expressly stated in writing. You are expressly prohibited from posting any comment or content that is defamatory, offensive or otherwise inappropriate. You warrant that all information that you submit to us via our website is true and correct, to the best of your knowledge and information, and that you are the rightful owner of all intellectual property rights in such information.

We may also feature guest bloggers from time to time. We want you to know that we don’t necessarily endorse or support any views, opinions, standards or information expressed in guest blogs and/or the comments section of our blog. If you find something offensive or inappropriate, please don’t hesitate to get in touch with us and we’ll review the material to see whether it should be removed.

4. Privacy

We take your privacy seriously. All information we collect through your use of the website and how we use and disclose it is set out in our Privacy Policy, which is available on our website.

5. Links to our website

If you would like to link to our website, please get in touch with us with your URL, a brief description of your website and why you want to establish a link. Please note that if we allow you to link to our website, we may impose certain terms or conditions.

If the nature or content of your website changes in any significant way after the authorised link is established, you must let us know and provide us with a new description of your website. If the change means that your website is no longer a good fit with ours, we may ask you to remove the link. Refusal will constitute a breach of these terms.

6. Links from our website to other websites

We may also include links to other websites which are not controlled by us. These links are provided for your convenience (for example postal services’ websites so you can track your order placed with us). You acknowledge that they are used at your own risk. Please note that we include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. We have no control over the nature, content and availability of those websites. For your own safety, please make sure you check the protocols and standards of the linked websites before using them.

7. Our use of cookies

We use cookies to monitor browsing preferences and to help us improve, promote, and protect our website and services. By continuing to use the website, you agree to our cookie policy. You can find out more information about our cookie policy in our Privacy Policy, which is available on our website.

8. Security

Our website is security assured by Shopify. We use reasonable endeavours to ensure the website is free of any malware, bugs, viruses, trojan horses, ransomware or other harmful code or communications which may be transmitted to or through the website, including links to other sites.

9. Disclaimer and indemnity

Nothing in these terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).

Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any purpose which are not expressly stated in these terms. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the website or these terms (including as a result of not being able to use the website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. If we can’t exclude liability but we can limit it, we limit it to the maximum extent permitted under section 64A of the ACL.

We make the website available to you, however you use it at entirely your own risk, for which we will not be liable. Everything on the website is provided "as is" and "as available" – we don’t make any representations or warranties of any kind – and, to the maximum extent permissible by law, we exclude all liability for loss or damage you might suffer because of:

  • failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third-party conduct arising out of the website;
  • unsuitable or out of date information on the website (including third party material and advertisements on the website);
  • you or any other person acting or not acting, on any information;
  • personal injury or property damage of any nature resulting from your or any other person’s access to or use of the website;
  • any unauthorised access to or use of information or data, including personal and financial information, collected by us;
  • any interruption of transmission to or from the website;
  • any unauthorised access to or use of information or data, including personal and financial information, collected by us;
  • any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the website, including links to other sites;
  • costs incurred by you in using the website; and
  • links which are provided for your convenience.

It is your own responsibility to ensure that any products or information available through this website meet your specific requirements.

To the maximum extent permissible by law, you indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.

 

10. Changes to terms

If we decide to change these terms (and we can do so at any time), we’ll post a copy of our revised terms on our website. Changes to the terms will take effect immediately on being published on the website. Your continued use of the website indicates your acceptance of the revised terms.

11. Severance

If any part of these terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the terms will remain in force.

12. No affiliation

Our website is not a part of the Facebook website, Facebook Inc, YouTube, Instagram, Snapchat, Twitter or Google, nor is it endorsed by or affiliated with any of those websites or their owners in any way.

13. Termination

The agreement between us constituted by your use of the website may be terminated at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the website and any licences granted in respect of intellectual property will be revoked.

14. Jurisdiction

As we are based in Queensland these terms will be governed by the laws of that state. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of Queensland and courts of appeal from them.

This document was last updated: 28 June 2019.