Terms & Conditions
If any of these Terms are unclear, please email us at info@skelp.com.au
OVERVIEW
This website is operated by Frostbland Pty Limited (ABN 72 000 082 217) trading as SKELP! (collectively referred to as “skelp!, SKELP!”, SKELP, “SKELP! Haircare”, “we”, “us” or “our”). Throughout the site, the terms “skelp!, SKELP!”, SKELP, “SKELP! Haircare” “we”, “us” and “our” refer to SKELP!. SKELP! offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These terms and conditions, our Privacy Policy, any other terms and conditions and policies that you may find on the Site (such as our Returns Policy) and any applicable laws or regulations (collectively, Terms) govern your use of, and access to, the Site, our related websites and social media channels, and the products and services provided therein, regardless of your means of access.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1: ONLINE STORE TERMS
By agreeing to these Terms of Service, yourepresent that you are at least the age of majority in your state or provinceof residence, or that you are the age of majority in your state or province ofresidence, and you have given us your consent to allow any of your minordependents to use this site.
You may not use our products for any illegal orunauthorized purpose nor may you, in the use of the Service, violate any lawsin your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or anycode of a destructive nature.
A breach or violation of any of the Terms will resultin an immediate termination of your Services.
SECTION 2: GENERAL CONDITIONS
We reserve the right to refuse service to anyonefor any reason at any time.
You understand that your content (not includingcredit card information), may be transferred unencrypted and involve (a)transmissions over various networks; and (b) changes to conform and adapt totechnical requirements of connecting networks or devices. Credit cardinformation is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell,resell, or exploit any portion of the Service, use of the Service, or access tothe Service or any contact on the website through which the service isprovided, without express written permission by us.
The headings used in this agreement are includedfor convenience only and will not limit or otherwise affect theseTerms.
SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OFINFORMATION
We are not responsible if information madeavailable on this site is not accurate, complete, or current. The material onthis site is provided for general information only and should not be reliedupon or used as the sole basis for making decisions without consulting primary,more accurate, more complete, or more timely sources of information. Anyreliance on the material on this site is at your own risk.
This site may contain certain historicalinformation. Historical information, necessarily, is not current and isprovided for your reference only. We reserve the right to modify the contentsof this site at any time, but we have no obligation to update any informationon our site. You agree that it is your responsibility to monitor changes to oursite.
SECTION 4: MODIFICATION TO THE SERVICE AND PRICES
Prices for our products are subject to changewithout notice.
We reserve the right at any time to modify, removeand/or discontinue any part of these Terms, the Service, content of the Site(or any part or content thereof) without notice at any time.
Any changes are effective immediately upon postingto, or removal from, the Site. Your continued use of the Site thereafterconstitutes your acceptance of any changes to the Site or Terms. If you do notagree to any change, then you must immediately stop using the Site.
We shall not be liable to you or to any third-partyfor any modification, price change, suspension, or discontinuance of theService.
SECTION 5: PRICES
All prices listed on the site are displayed inAustralian dollars (AUD) and are inclusive of any Australian Goods and ServicesTax (as applicable).
Unless we otherwise agree in writing, the pricecharged and payable for the Goods and/or Services shall be the price inAustralian dollars together with any applicable taxes, Charges and deliverycosts regarding the Goods and Services.
Prices are subject to change without notice, effectiveimmediately upon posting to the Site(s) or other form ofnotification.
The prices indicated may be changed at any timewithout advance notice. However, the products shall be charged at the rate inforce when the customer’s order was validated.
Where the customer pays by payment card, thecustomer warrants that they have the necessary rights to use the payment cardand that they are fully authorised to use it to pay for the order. The customeralso warrants that this card gives access to sufficient funds corresponding tothe amount of the order. Failing this, we reserve the right to cancel thesale according. We are under no obligation to ship any goods ordered untilpayment for those goods has been received.
SECTION 6: PRODUCTS OR SERVICES (if applicable)
Products may have limited quantities and aresubject to return or exchange only according to our Return Policy.
We have made every effort to display as accuratelyas possible the colours and images of our products that appear online. Wecannot guarantee that your computer monitor's display of any colour will beaccurate.
We reserve the right, but are not obligated, tolimit the sales of our products or Services to any person, geographic region,or jurisdiction. We may exercise this right on a case-by-case basis. We reservethe right to limit the quantities of any products or services that we offer.All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right todiscontinue any product at any time. Any offer for any product or service madeon this site is void where prohibited.
We do not warrant that the quality of any products,services, information, or other material purchased or obtained by you will meetyour expectations, or that any errors in the Service will becorrected.
SECTION 7: SHIPPING
Shipping of orders is governed by our Shipping Policy
SECTION 8: INTELLECTUAL PROPERTY RIGHTS
In this document:
Content means any materials or content thatcontribute to the existence and the ‘look and feel’ of the Site, includinginformation, graphics, headers, icons, images, logos, names, sounds, music,video, audio, text, software, HTML and code; and
Intellectual Property Rights includes patents,rights to inventions, copyright, trade marks, trade names and domain names,rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and includingall applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
The Site, Content and all Intellectual PropertyRights comprised in the Site and Content are owned by us, or in some cases, ouraffiliates, partners or licensors. The Intellectual Property Rights may beprotected by Australian and international laws.
You are not granted any rights, including anyIntellectual Property Rights, in relation to, or permitted to use, any part ofthe Content or Site, other than as expressly authorised by us, our third-partylicensors or applicable laws, such as the Copyright Act 1968 (Cth).
Any unauthorised publication, reproduction,exploitation distribution, duplication, copying, including to another server orlocation, sale, access, modification or use of any part of the Site or Contentis prohibited. Without limiting the foregoing, you are permitted to make 1 copyof the Content for your personal use.
We make no representations or warranties aboutwhether your use of the Site or Content will, or will not, infringe anyIntellectual Property Rights, including those of SKELP! or any thirdparty.
SECTION 9: OPTIONAL TOOLS
We may provide you with access to third-party toolsover which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access tosuch tools “as is” and “as available” without any warranties, representations,or conditions of any kind and without any endorsement. We shall have noliability whatsoever arising from or relating to your use of optionalthird-party tools.
Any use by you of optional tools offered throughthe site is entirely at your own risk and discretion and you should ensure thatyou are familiar with and approve of the terms on which tools are provided bythe relevant third-party provider(s).
We may also, in the future, offer new servicesand/or features through the website (including, the release of new tools andresources). Such new features and/or services shall also be subject to theseTerms of Service.
SECTION 10: THIRD-PARTY LINKS
We may include hyperlinks on the Site to otherwebsites, platforms or resources operated by third parties (Third Party Sites).We are not responsible for examining or evaluating the content or accuracy ofany Third Party Sites linked to or from the Site, nor are we responsible forthe availability of Third Party Sites, and we do not endorse and are notresponsible or liable, directly or indirectly, for the privacy practices or thecontent of any Third Party Sites, including any offerings, advertising,products or other materials or services on or available from such websites orresources, nor for any other transactions, harm, damage, loss or offence causedor alleged to be caused by, or in connection with, the use of or reliance onany such content, goods or services available on such external websites orresources.
You should make your own reasonable enquiresregarding the content of Third-Party Sites. Your linking to or from the ThirdParty Sites is at your own risk. You should carefully review the terms andconditions and privacy policies of all Third-Party Sites that you visit.Reference to any product, service or other information by trademark, manufacturer,supplier or otherwise does not constitute or imply endorsement, sponsorship, orrecommendation thereof by us. Complaints, claims, concerns, or questionsregarding third-party products should be directed to the third-party.
SECTION 11: USER COMMENTS, REVIEWS, FEEDBACK ANDOTHER SUBMISSIONS
Throughout the use of the site users may be invitedto review certain products, or request information in relation to products orparticipate in forums (‘Content’). If you do submit such Content, you grant uspermission and agree that we may at any time without restriction use, reproduce(in any medium), modify, and publish that content in a non-exclusive,worldwide, perpetual, irrevocable, royalty-free, sub-licensable right toexercise and use the User Content (and all intellectual property rightscontained therein), including in all media now known or not currentlyknown.
By submitting Content, you represent and warrantthat: (a) you understand that you are participating in a public forum and thatyour Content will be available to all other users of the site; (b) you are thesole author and owner of the intellectual property and other rights thereto (orhave the necessary licenses, rights, consents and permissions to use andauthorise us to use all intellectual property and other rights thereto toenable inclusion and use of the Content in the manner contemplated by the siteand these terms and conditions; (c) you waive any and all existing and futuremoral rights (as defined in the Copyright Act 1968 (Cth)) in the Content; (d)all Content that you post is accurate; (e) You are at least 18 years old or, ifyou are a minor, that you have obtained the consent of your parent or legalguardian to use the site and agree to these terms and conditions; and (e) thatthe Content you supply does not violate these terms and conditions and will notcause injury to any person or entity.
You also represent and warrant that any Content yousubmit: (a) is not false, inaccurate or misleading; (b) does not harm minors;(c) does not infringe any copyright, patent, trademark, trade secret or otherproprietary rights or rights of publicity or privacy of any person or entity;(d) does not violate any obligations you may have with respect to such Contentunder any law or under contractual or fiduciary relationships (such as, but notlimited to, inside information, proprietary and confidential informationlearned or disclosed as part of employment relationships or under nondisclosureagreements); (e) does not violate any law (including, but not limited to, thosegoverning export control, consumer protection, unfair competition,anti-discrimination or false advertising); (f) is not, or would not reasonablybe considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasiveof another's privacy, hateful, racially or religiously biased or offensive,abusive, tortious, threatening or harassing to any individual or any business;(g) does not include any information that references other websites, addresses,email addresses, contact information or phone numbers; (h) is not submitted forcompensation or other consideration from any third party; (i) is notunsolicited or unauthorised advertising, promotional materials or any otherform of solicitation; and (j) does not contain any computer viruses, worms orother potentially damaging computer programs or files. Users must not postContent which seeks to impersonate any person or entity, including, withoutlimitation, any SKELP! personnel, or to falsely state or otherwise misrepresentits affiliation with a person or entity. Users may not use the site to collector store personal data about other users.
We reserve the right to not post a review or towithdraw a posted review for any reason. A review posted by a user will beexcluded if it violates the Agreement regarding submission of Content.
User reviews of products in no way represent theviews or opinions of SKELP! or its owners, shareholders, employees, or others,but are the sole product of its creator. SKELP! disclaims all liability with respectto the Content.
SECTION 12: COMPETITIONS
We may run competitions through its site, orthrough social media. Your participation in those competitions will be subjectto these terms and conditions and any terms and conditions of the competition.
SECTION 13: PERSONAL INFORMATION
Your submission of personal information through thestore is governed by our Privacy Policy. Please refer to our Privacy Policy for further information abouthow we use your personal information. By accepting these Terms, you acknowledgethat you have read and accept the terms in our PrivacyPolicy.
SECTION 14: ERRORS, INACCURACIES ANDOMISSIONS
Occasionally there may be information on our siteor in the Service that contains typographical errors, inaccuracies or omissionsthat may relate to product descriptions, pricing, promotions, offers, productshipping charges, transit times and availability. We reserve the right tocorrect any errors, inaccuracies, or omissions, and to change or updateinformation or cancel orders if any information in the Service or on anyrelated website is inaccurate at any time without prior notice (including afteryou have submitted your order).
We undertake no obligation to update, amend orclarify information in the Service or on any related website, including withoutlimitation, pricing information, except as required by law. No specified updateor refresh date applied in the Service or on any related website, should betaken to indicate that all information in the Service or on any related websitehas been modified or updated.
SECTION 15: PROHIBITED USES
In addition to other prohibitions as set forth inthe Terms of Service, you are prohibited from using the site or its content:(a) for any unlawful purpose; (b) to solicit others to perform or participatein any unlawful acts; (c) to violate any international, federal, provincial orstate regulations, rules, laws, or local ordinances; (d) to infringe upon orviolate our intellectual property rights or the intellectual property rights ofothers; (e) to harass, abuse, insult, harm, defame, slander, disparage,intimidate, or discriminate based on gender, sexual orientation, religion,ethnicity, race, age, national origin, or disability; (f) to submit false ormisleading information; (g) to upload or transmit viruses or any other type ofmalicious code that will or may be used in any way that will affect thefunctionality or operation of the Service or of any related website, otherwebsites, or the Internet; (h) to collect or track the personal information ofothers; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) forany obscene or immoral purpose; or (k) to interfere with or circumvent thesecurity features of the Service or any related website, other websites, or theInternet. We reserve the right to terminate your use of the Service or anyrelated website for violating any of the prohibited uses.
SECTION 16: DISCLAIMER OF WARRANTIES; LIMITATION OFLIABILITY
We do not guarantee, represent, or warrant that youruse of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may beobtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the servicefor indefinite periods of time or cancel the service at any time, withoutnotice to you.
You expressly agree that your use of, or inabilityto use, the service is at your sole risk. The service and all products andservices delivered to you through the service are (except as expressly statedby us) provided 'as is' and 'as available' for your use, without anyrepresentation, warranties or conditions of any kind, either express orimplied, including all implied warranties or conditions of merchantability,merchantable quality, fitness for a particular purpose, durability, title, andnon-infringement.
In no case shall SKELP!, our directors, officers,employees, affiliates, agents, contractors, interns, suppliers, serviceproviders or licensors be liable for any injury, loss, claim, or any direct,indirect, incidental, punitive, special, or consequential damages of any kind,including, without limitation lost profits, lost revenue, lost savings, loss ofdata, replacement costs, or any similar damages, whether based in contract,tort (including negligence), strict liability or otherwise, arising from youruse of any of the service or any products procured using the service, or forany other claim related in any way to your use of the service or any product,including, but not limited to, any errors or omissions in any content, or anyloss or damage of any kind incurred as a result of the use of the service orany content (or product) posted, transmitted, or otherwise made available viathe service, even if advised of their possibility. Because some states orjurisdictions do not allow the exclusion or the limitation of liability forconsequential or incidental damages, in such states or jurisdictions, ourliability shall be limited to the maximum extent permitted by law.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend and hold harmlessSKELP! and our parent, subsidiaries, affiliates, partners, officers, directors,agents, contractors, licensors, service providers, subcontractors, suppliers,interns and employees, harmless from any claim or demand, including reasonablesolicitors’ fees, made by any third-party due to or arising out of your breachof these Terms of Service or the documents they incorporate by reference, oryour violation of any law or the rights of a third-party.
SECTION 18: SEVERABILITY
In the event that any provision of these Terms ofService is determined to be unlawful, void or unenforceable, such provisionshall nonetheless be enforceable to the fullest extent permitted by applicablelaw, and the unenforceable portion shall be deemed to be severed from theseTerms of Service, such determination shall not affect the validity andenforceability of any other remaining provisions.
SECTION 19: BREACH AND TERMINATION
The obligations and liabilities of the partiesincurred prior to the termination date shall survive the termination of thisagreement for all purposes.
These Terms of Service are effective unless anduntil terminated by either you or us. You may terminate these Terms of Serviceat any time by notifying us that you no longer wish to use our Services, orwhen you cease using our site.
If in our sole judgment you fail, or we suspectthat you have failed, to comply with any term or provision of these Terms ofService, we also may terminate this agreement at any time without notice andyou will remain liable for all amounts due up to and including the date oftermination; and/or accordingly may deny you access to our Services (or anypart thereof).
SECTION 20: FORCE MAJEURE
We shall not be responsible for any delay,suspension or failure arising out of any circumstances outside of ourreasonable control, including acts of God, governmental actions, including anygovernment imposed shutdown or closure, a change in applicable law, riots, vandalism,strikes, lockouts or other labour difficulty, war or national emergency,pandemic, epidemic, quarantine or other widespread or serious threat to humanhealth (including an outbreak or recurrence), acts of terrorism, fire,explosion, flood or other natural disaster, an act or omission of a thirdparty, inability to obtain any necessary materials, equipment, facilities orservices, the failure of performance provided by others, internet interruptionor virus, accidents or breakdown of plant, machinery, software, hardware orcommunication network and failure or shortage of power supplies or otheressential utility.
SECTION 21: ENTIRE AGREEMENT
The failure of us to exercise or enforce any rightor provision of these Terms of Service shall not constitute a waiver of suchright or provision.
These Terms of Service and any policies oroperating rules posted by us on this site or in respect to The Serviceconstitutes the entire agreement and understanding between you and us andgovern your use of the Service, superseding any prior or contemporaneousagreements, communications, and proposals, whether oral or written, between youand us (including, but not limited to, any prior versions of the Terms ofService).
Any ambiguities in the interpretation of theseTerms of Service shall not be construed against the drafting party.
Any failure to enforce any of our rights does notconstitute a waiver of those rights.
SECTION 22: GOVERNING LAW
The Terms are governed by the laws of New SouthWales, Australia. You agree to submit to the exclusive jurisdiction of thecourts exercising jurisdiction in New South Wales, Australia.
SECTION 23: CHANGES TO TERMS OF SERVICE
You can review the most current version of theTerms of Service at any time at this page.
We reserve the right, at our sole discretion, toupdate, change or replace any part of these Terms of Service by posting updatesand changes to our website. It is your responsibility to check our websiteperiodically for changes. Your continued use of or access to our website or theService following the posting of any changes to these Terms of Serviceconstitutes acceptance of those changes.
SECTION 24: CONTACT
Questions about the Terms of Service should be sentto us at info@skelp.com.au
