TERMS OF ACCESS TO THE WEBSITE
This Website located at www.makeupfreeme.com.au (referred to in these Terms of Access as the "Website") is owned by the Butterfly Foundation ABN 42 102 193 582 and operated on behalf of the Butterfly Foundation by Merissa Mathew Trading As Makeup Free Me (“MFM”) on the World Wide Web ("WWW").
The material on the Website is copyright © 2014 Merissa Mathew and/or other copyright owners.
The Website is available for you to:
1. Access conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to access the Website you are agreeing to the terms and conditions set out below in Part A.
2. Post comments and/or opinions or provide information about your product or service conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to post comments and/or provide opinions or provide information about your product or service you are agreeing to the terms and conditions set out below in Part B.
PART A – USE OF MATERIAL ON THE WEBSITE
1. Except for the limited use set out in para B you may not use the Website, or the material contained on it, for any purpose. This involves:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the WWW;
(e) "framing" the material on the Website with other material on any other WWW site.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
2. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
3. You may not modify or copy:
(a) the layout of the Website; and
(b) any computer software and code contained in the Website.
4. MFM reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
(a) re-sold and/or re-distributed in any material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media,
without the prior written consent of MFM.
LINKS TO OTHER WESBITES
5. The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of MFM.
6. In relation to the other sites on the WWW, which are linked to the Website, MFM:
(a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by MFM of the linked site; and
(b) is not responsible for the material contained on those linked sites.
7. MFM is making the Website available for others to publish information without assuming a duty of care to users. MFM is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.
8. To the full extent permitted by law MFM disclaims any and all warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
(b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
MFM will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
10. MFM does not warrant guarantee or make any representation that:
(a) the Website, or the server that makes the site available on the WWW are free of software viruses;
(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(c) errors and defects in the Website will be corrected.
11. MFM is not liable to you for:
(a) errors or omissions in the Website, or linked sites on the WWW;
(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of MFM, its employees or independent contractors, or through any other cause.
12. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
LIMITATION OF LIABILITY
13. Disclaimer 1 and/or Disclaimer 2 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law including under the Australian Consumer Law, MFM’s liability for any implied warranty or condition is limited, at the choice of MFM, to one or more of the following:
If the breach of an implied warranty or condition relates to services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
If the breach of an implied warranty or condition relates to goods:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
USE OF INFORMATION GATHERED
14. MFM and/or people authorised by it may gather and process the information:
(a) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(b) regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website.
TERMINATION OF ACCESS
15. MFM may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and MFM has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
ALTERATION OF TERMS OF ACCESS
16. MFM reserves the right to change these Terms of Access:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
17. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
18. This Agreement will be governed by and interpreted in accordance with the law of Victoria, Australia without giving effect to any principles of conflicts of laws.
19. You agree to the jurisdiction of the courts of the State of Victoria, Australia to determine any dispute arising out of this Agreement.
PART B – TERMS AND CONDITIONS RELATING TO THE PROVIDING OF INFORMATION ABOUT YOU, YOUR OPINIONS OR YOUR PRODUCT OR SERVICE
1. You represent and warrant in relation to any material and/or information you provide to the Website that:
(a) you are authorised to provide the material and/or information;
(b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(c) the material and/or information is not the "passing off" of any product or service and does not constitute unfair competition;
(d) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(e) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the (Fair Trading Act 2012 (Vic) and equivalent state and territory legislation) and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.
(f) any views or opinions of a personal nature do not represent the views or opinions of MFM, its employees, contractors or agents.
LICENCE TO USE INTELLECTUAL PROPERTY
2. By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (the "intellectual property") on to the Website, you are granting MFM a perpetual, non-exclusive and payment-free licence throughout the world to:
(a) reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
(b) allow MFM to sub-licence others the same rights granted to MFM in (a) above.
REMOVAL OF INFORMATION
3. In relation to any material and/or information included on the Website, MFM may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.
LIMIT OF LIABILITY
4. MFM and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and as a consequence of removing any material and/or information from this Website.
5. You will at all times indemnify and keep indemnified MFM and its respective officers, employees and agents (in this para E referred to as "those indemnified") from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.
6. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
7. This Agreement will be governed by and interpreted in accordance with the law of Victoria, Australia, without giving effect to any principles of conflicts of laws.
8. You agree to the jurisdiction of the courts of the State of Victoria, Australia to determine any dispute arising out of this Agreement.
All donations will go directly to the Butterfly Foundation ACN 102 193 582. All donations over $2 are tax deductible and a receipt will be issued to you via the email address you provide. If you believe that there has been an error with your donation, you should notify the Butterfly Foundation directly on 02 8456 3911 and confirm that notice in writing or by email at email@example.com as soon as possible so that your query can be resolved quickly.
Any complaints, grievances and disputes will be treated seriously, quickly and in a timely manner, having due regard to procedural fairness and confidentiality. All parties are required to participate in the dispute resolution process in good faith. Any issues should be directed to the Butterfly Foundation in the first instance so that they can attempt to resolve the matter. If you are not satisfied with the outcome you can still refer it to your financial institution which will obtain details of the disputed transaction and may lodge a claim on your behalf.
EVENT TERMS & CONDITIONS
Refunds are not payable if you simply change your mind, however if your circumstances change please contact Makeup Free Me immediately via email at firstname.lastname@example.org or phone on 0432 986 924 to amend your registration or associated requirements.
Subject to applicable law, Makeup Free Me reserves the right to charge a cancellation fee to cover any administrative costs or liquidated damages incurred in respect of your registration.
Should an Event be cancelled or postponed due to unforeseen circumstances or an event of force majeure, Makeup Free Me will endeavour to process a full refund within 90 days of such circumstances becoming known.