- About the Website
Welcome to www.facepaintworld.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’). The Website is operated by Face Paint World Pty Ltd (ABN 95 157 819 479). Access to and use of the Website, or any of its associated Products or Services, is provided by Face Paint World Pty Ltd.
- About these Terms
(b) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
(c) Your statutory Consumer Rights are unaffected.
- Acceptance of the Terms
(a) Please read these terms and conditions (the ‘Terms’) carefully. By browsing or using the Website, this signifies that you have read, understood and agree to be bound by the Terms. 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.
(b) If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. You accept the Terms by remaining on the Website.
(c) If you purchase products through the Website, there will be additional terms and conditions relating to the purchase (‘Terms and Conditions of Purchase’). You will be required to accept the Terms of Sale by clicking to agree to the Terms on the checkout interface in order to complete an online order.
(d) You may not accept the Terms and may not use the Purchase Services if:
(i) you are not of legal age to form a binding contract with Face Paint World Pty Ltd; or
(ii) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
Registration is not required to use the Website or Purchase Services but you may choose to register to become a Registered User to gain access to additional features of the Website.
(a) As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(ii) Email address
(iii) Mailing address
(iv) Telephone number
You warrant that any information you give to Face Paint World Pty Ltd in the course of completing a purchase or the registration process is accurate, correct and up to date.
(b) You have the sole responsibility for protecting the confidentiality of your password and login details and for all activities carried out under your password and login. Face Paint World Pty Ltd will not be liable for any loss or damage that may occur from your account being misused by an unauthorised person.
- Prohibited Use
You may only use this site in accordance with all applicable local, state, national and international laws, rules and regulations. You will not use the website in any way which is unlawful, defamatory, harassing, abusive, fraudulent, obscene, in violation of the rights of any third party or in any other way inappropriate.
- User Comments, Feedback and other Submissions
If you contribute to our Content either online or by email, including but not limited to: feedback, reviews, gallery submissions and public comment then:
(i) You agree that we may, at any time, without restriction, edit, delete, copy, reproduce, display, or publish user submitted content for any purpose.
(ii) You warrant that you have the right to submit the content (including copyright) and that it will not violate the right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
(iii) You further agree that your comments will not contain libellous, defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
(iv) You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
(v) You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- Third Party Content and Links
This website contains links to external websites. Face Paint World Pty Ltd does not approve or guarantee any material on such websites, nor does it guarantee that material on these sites is free of any legal infringements, defect or virus.
Face Paint World Pty Ltd is not responsible or liable in any manner for any site content posted on the Website by third parties. This includes links to other websites.
- Copyright and Intellectual Property
(a) The Website and its entire contents – including but not limited to written content, images, uploaded files, layout design, tutorials, videos, reviews, forum posts, logos and trademarks (the ‘Content’) – are subject to intellectual property rights including copyright. The Content on the Website is protected by copyright and other relevant intellectual property rights under the laws of Australia, and through international treaties. These rights are owned by Face Paint World Pty Ltd or in the case of some material, a third party, where the third party has provided permission to use the content.
(b) Face Paint World Pty Ltd 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 to you:
(i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Face Paint World Pty Ltd;
(ii) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design.
(c) You may download and print portions of the Content from the Website to place an order with Face Paint World or for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
Specifically, you must not:
(i) republish material from the Website (including republication on another website);
(ii) publish, sell, rent or sub-license material from the website;
(iii) show any material from the website in public;
(iv) replicate, reproduce, duplicate, imitate, copy or otherwise exploit Content for a commercial purpose;
(v) edit or otherwise modify any material on the website; or
(vi) redistribute material from this website (except for content specifically and expressly made available for redistribution)
Any other use of the Content is strictly prohibited unless authorised by Face Paint World.
- General Disclaimer
Use of the Website is at your own risk. All information on the Website, is provided without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Face Paint World Pty Ltd make any express or implied representation or warranty about any content referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) 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;
(ii) the accuracy, suitability, completeness or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website;
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
- Limitation of Liability
(a) Face Paint World Pty Ltd’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Face Paint World Pty Ltd is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that Face Paint World Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You agree to indemnify, defend and hold harmless Face Paint World, its directors, officers, employees, consultants, agents, and suppliers, from and against all losses, damages and costs, and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these terms and conditions.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
You may cease to use the Purchase services at any time by ceasing to use the website. Should you wish to close your account and have your details deleted you may do so by contacting Face Paint World by email and requesting this.
We may terminate your account for any reason at our sole discretion. Our policy is to terminate Registered User accounts that haven’t accessed the Website for over 12 consecutive months or if we have reason to believe the account is for the purpose of spam.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
The failure of Face Paint World Pty Ltd to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- Governing Law and Jurisdiction
Face Paint World Pty Ltd operates the Website from New South Wales, Australia.
(a) The Terms are governed by laws of the State of New South Wales, Australia. Any dispute relating to the Terms shall be resolved by the courts having jurisdiction in New South Wales Australia.
(b) The Website and the Purchase Services may be used within Australia and overseas. We make no representations that the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
- Changes to the Terms
(a) You can view the most current version of the Terms at any time at this page.
(b) Face Paint World Pty Ltd reserves the right to update, change or replace any part of these Terms by updating this page at its sole discretion. Any such revision will be binding and effective immediately upon posting of the revised terms and conditions or policies on our web site. You shall be responsible for reviewing the then current version each time you visit the website. Your continued use of the site will signify your acceptance of any adjustment to these terms.