1             Introduction

The website www.beautyover40.com.au (“Website”) is operated by Lara Michell trading as Beauty Over 40 ABN 31 148 551 572 (Beauty Over 40”, “we”, “us” or “our”).

In this document, “you” means the individual accessing or using the Website.  Where you are accessing the Website in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer or the entity that is engaging you.

By using or accessing the Website you agree to the terms and conditions of use for the Website as set out in this document (“Terms of Use”). Your use of the Website is conditional upon your acceptance and compliance with these Terms of Use and the terms, conditions, notices and disclaimers contained elsewhere on the Website.

If you do not agree to these Terms of Use, you must not use or access the Website. If you breach any of these Terms of Use, we may terminate your right to use and access the Website.

We may amend these Terms of Use at any time.  Any changes will be published on the Website.  You agree to be bound by such changes if you continue to use the Website after the changes to these Terms of Use are posted on the Website.  Since you are bound by these Terms of Use, you should periodically refer to these Terms of Use to monitor changes.

 

2             Information on the Website

When you visit the Website, you will be able to read beauty articles and product information and reviews by Beauty Over 40, product suppliers and other third parties and Website members.  You acknowledge that all pricing, ingredients, and other specifications provided on this Website are based on information supplied by third parties and subject to change without notice.

To the fullest extent permitted by law Beauty Over 40 disclaims any implied warranty that such information is accurate or complete, that any product or service is suitable for a particular purpose, or that any product or service is available at a quoted price or location.

 

3             Intellectual property rights

All information, text, material, graphics, software, advertisements, logos, photographs, audio or video material or stills from audiovisual material on the Website (“Content“) are protected by Australian and international copyright and trade mark laws.  The Content may also include materials owned by third parties and posted on the Website by virtue of a licence, grant or some other form of agreement between the third party and Beauty Over 40.

As between you and us, and subject to the licence granted by you below, acknowledge that you retain all rights in, and are solely responsible for, the Content you post to the Website.

Apart from any use permitted under the Copyright Act 1968 (Cth) and which cannot be excluded by law, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for on the Website or expressly authorised in writing by Beauty Over 40.

This means you are strictly prohibited from creating works or materials that derive from or are based on the Content including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.  By accepting your submission, we do not waive any rights to use similar or related feedback previously known to us, or developed by our employees, or obtained from sources other than you.

By submitting content to the comments sections you grant Beauty Over 40 a non-exclusive, perpetual, irrevocable, transferrable, fully sub-licensable, world-wide, royalty-free licence to use, adapt, publish and reproduce that content on any website or platform or in any media, including, but not limited to, websites, Facebook pages, and Instagram.  In the course of exercising these rights we may choose not to attribute you as the author of the content, or may choose to attribute you as the author using the name that you have submitted in connection with that content.

You waive all moral rights to any content you submit, and consent to any act or omission that could otherwise constitute a breach of such moral rights, including derogatory treatment and failure to attribute you as the author.

 

4             Other websites

The Website contains links to other websites outside the Website for your information and convenience.  Beauty Over 40 makes no warranty or representation as to the functionality of these links, the security of those websites or the reliability or accuracy of the information contained on those websites.  You access any such website entirely at your own risk and subject to any terms or laws applying to those websites and your purchase from any third party website is entirely at your own risk.

 

5             Cookies

During your use of the Website, we may issue and request cookies to and from your computer or mobile device.  By using the Website you authorise us to issue and request such cookies.

 

6             Site etiquette

When you submit content or participate in any forum on the Website, you must conduct yourself in a dignified and respectful manner. Any language, content, conduct or behaviour by you in relation to the Website that we deem to be inappropriate may result in us suspending or terminating your access to, and use of, the Website.  We may also remove any Content from the Website without notice to you that we regard as inappropriate or in breach of these Terms of Use.  However, this does not necessarily mean that we review all Content, so please do not assume that we do..  In particular, you warrant that you will not submit any of the following:

  • content that is false, misleading, deceptive, unlawful, fraudulent, defamatory, obscene, pornographic, racist, or otherwise inappropriate; or
  • content that harasses, abuses, threatens or offends other users of the Website;
  • content that could cause harm to others, including advice that could be harmful if followed;
  • content that infringes the intellectual property rights, privacy or confidentiality of any third party;
  • viruses, or other corrupted or destructive files; or
  • content that misrepresents who you are.

All views and opinions you express should be your own genuinely held views based on your experience using a product or service and not motivated by any financial gain or intended to harm another business.

You must comply with any other policies that may publish on the Website relating to the use of the Website including policies such as acceptable use policies and website community guidelines.

You must not:

  • attempt to restrict another user of the Website from using or enjoying the Website or its Content and you must not encourage or facilitate breaches of these Terms of Service;
  • interfere or disrupt the Website or servers or networks connected to the Website, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
  • interfere with the Content or otherwise alter or interfere with the operation or display of any part of the Website;
  • use the Website to promote or sell your own business interests (such as by seeking to advertise your own services through Website);
  • plan or engage in any unlawful activity using the Website; or
  • collect, ‘scrape’ or otherwise store any Content or any personal information relating to users of the Website.

7             Product Information

Always use products in accordance with manufacturers’ instructions.  If you have any skin sensitivities or allergies, always check product ingredients before use.  The Website does not provide a health service or medical advice and you should not rely on information on the Website as medical advice or as a substitute for seeking your own medical advice.

 

8             Liability

Beauty Over 40 and its employees and agents will not be liable to you or any other person for any loss, injury or damage arising from or as a consequence of any act or omission by Beauty Over 40.  Under Schedule 2 of the Consumer and Competition Act 2010 (Cth) (“Australian Consumer Law”) and other state based legislation, certain warranties and conditions (“Implied Terms”) are implied into your contract with us.  The operation of, and liability for breach of, the Implied Terms cannot be, and are not in this contract, excluded and can only be limited in certain circumstances. Except for the Implied Terms, we and our licensors and suppliers (as applicable) exclude to the fullest extent permitted by law all terms, conditions and guarantees implied by statute, at law, in fact or otherwise.

To the extent that our liability for breach of any Implied Terms cannot be excluded by law but we are permitted to limit our liability in respect of such matters, our liability for any breach of such Implied Terms will be limited, at our option, as follows:

  • if the breach relates to any services supplied, to the re-supply of those services or paying the cost to have those services re-supplied; or
  • if the breach relates to any goods supplied, to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of having the goods replaced or the payment of the cost of having the goods repaired.

You understand and agree that Beauty Over 40 has no warranty obligations or other liabilities to you under this contract.

To the extent permitted by law, neither we nor our employees, agents or contractors will be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or loss, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with the Website, or any use of or access to, or any inability to use or access, the Website.

You will indemnify us, against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) incurred by us in connection with, whether directly or indirectly, your breach of these Terms of Use, your use or access of the Website or any breach of any applicable law or these Terms of Use.

Subject to the Implied Terms:
  • Beauty Over 40 does not warrant that the Website is fit for any particular purpose, that your use of the Website will be uninterrupted, that the Website is free or defects or that defects will be corrected, or that the Website is free of viruses, malware and other harmful components, or that the Content is accurate, complete or reliable.
  • The Website and the Contents is provided on an “as is” and “as available” basis without any warranties of any kind. We may change the Website or limit or terminate your access to the Website at any time without notice.
  • We do not necessarily endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Website or endorse any opinions expressed via the Website.
  • You should make and rely on your own enquires before entering into any transaction on the basis of the Content of the Website.
  • You acknowledge that Beauty Over 40, and related parties together with their respective employees, agents, directors, officers and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction, damage or unauthorised access to your computer system or the Website.
  • You expressly acknowledge and agree that Beauty Over 40 does not exert control over users of the Website (including individuals referred to on the Website as guests, members or experts) and is not liable either for their opinions or their behaviour including any information, advice, defamatory statements or offensive conduct.

9             Suspension and termination

We may suspend your access to the Website at any time without notice if it is necessary to perform maintenance on the Website or to protect the safety or security of the Website, the Content or the users of the Website or to ensure the proper operation of the Website.

These Terms of Use are effective until terminated by Beauty Over 40.  Beauty Over 40 may terminate this agreement or your access to the Website (or both) at any time without notice, including, but not limited to, in respect of your breach of these Terms of Use.  In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licences and waivers granted by you and all Beauty Over 40 and related third party disclaimers and limitations of liability set out in these Terms of Use (as amended from time to time) will survive.

 

10          Governing law

These Terms of Use are governed by the laws in force in the State of New South Wales, Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of New South Wales and of the Commonwealth of Australia in respect of any disputes arising under or by reference to these Terms of Use or otherwise relating to the Website.

 

Beauty Over 40  – Competition

All competitions are now closed. Please revisit the page, as we will have new competitions soon.

 

Licence Number LTPM/18/03623

 

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