TERMS & CONDITIONS

 

1.   About the Website

1.1.  Welcome to www.designereyebrowsbynikki.com (the 'Website'). The Website  (the 'Services').

1.2.  The Website is operated by Designer Eyebrows by Nikki . Access to and use of the Website, or any of its associated Products or Services, is provided by Designer Eyebrows by Nikki. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3.  Designer Eyebrows by Nikki reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Designer Eyebrows by Nikki updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.   Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Designer Eyebrows by Nikki in the user interface.

3.   Copyright and Intellectual Property

3.1.  The Website, the content and all of the related products of Designer Eyebrows by Nikki are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Designer Eyebrows by Nikki or its contributors.

3.2.  All trademarks, service marks and trade names are owned, registered and/or licensed by Designer Eyebrows by Nikki, who grants to you a worldwide, non- exclusive, royalty-free, revocable license whilst you are a Member to:

(a)  use the Website pursuant to the Terms;

(b)  copy and store the Website and the material contained in the Website in your device's cache memory; and

(c)  print pages from the Website for your own personal and non-commercial use.

Designer Eyebrows by Nikki does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Designer Eyebrows by Nikki.

3.3.  Designer Eyebrows by Nikki retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

(a)  business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b)  a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c)  a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you

3.4.  You may not, without the prior written permission of Designer Eyebrows by Nikki and the permission of any other relevant rights owners: broadcast, republish, up- load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

4.   Privacy

Designer Eyebrows by Nikki takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Designer Eyebrows by Nikki's Privacy Policy, which is available on the Website.

5.   General Disclaimer

5.1.  Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

5.2.  Subject to this clause 5, and to the extent permitted by law:

(a)  all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b)  Designer Eyebrows by Nikki 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), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

5.3.  Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind.  This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a)  failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b)  the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);

(c)  costs incurred as a result of you using the Website, the content or any of the products of Designer Eyebrows by Nikki; and

(d)  the content or operation in respect to links which are provided for your convenience.

6.   Termination of Contract

6.1If you want to terminate the Terms, you may do so by providing Designer Eyebrows by Nikki with days' notice of your intention to terminate by sending notice of your intention to terminate to Designer Eyebrows by Nikki via the 'Contact Us' link on our homepage.

6.2Designer Eyebrows by Nikki may at any time, terminate the Terms with you if:

(a)  you have breached any provision of the Terms or intend to breach any provision;

(b)  Designer Eyebrows by Nikki is required to do so by law;

(c) Designer Eyebrows by Nikki is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or

(d) the provision of the Services to you by Designer Eyebrows by Nikki, is in the opinion of Designer Eyebrows by Nikki, no longer commercially viable.

6.3.  Subject to local applicable laws, Designer Eyebrows by Nikki reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Designer Eyebrows by Nikki's name or reputation or violates the rights of those of another party.

7.   Governing Law

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

If you have any questions about these Terms, please contact us