WEBSITE TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use (Terms) apply to the Sensation Makeup Artistry website located at https://sensationmakeup.com.au/ , and all associated websites and sub-domains (collectively, the Site). The Site is the property of the Sensation Makeup Artistry (ABN 97 890 559 329) (collectively, our, us, or we).

If you have any questions about these Terms, please contact us by emailing alastair@sensationmakeup.com.au.

    1. ACCESS TO SITE
      1. As long as you comply with these Terms, we grant you (as the User of the Site) a personal, non-exclusive, non-transferable, limited licence to access and use the Site.
      2. We do not guarantee that the Site:
        1. will be accessible or functional (whether wholly or partly) at all times; or
        2. is free from viruses or anything else which may damage any computer which accesses our Site or any data on such a computer.
      3. You are responsible for configuring the technology you use to access our Site. You should use your own virus protection software.
      4. We may suspend or withdraw or restrict the availability of all or any part of our Site for business, operational or any other reason at any time. We will try to give you reasonable notice of any suspension or withdrawal (but are not required to do so).
      5. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
    2. Content and Intellectual Property Rights
      1. Subject to clause 4, we are the owner or the licensee of all intellectual property rights in the content of this Site and the Site and our Services (unless expressed to the contrary).
      2. Title and ownership of our intellectual property shall not be transferred by virtue of your use of the Site or our Services.
      3. Where you upload information and data to our platforms and Site, you:
        1. warrant that you have a right to provide us with that information and data;
        2. warrant that our storage and processing of that information and data will not infringe any third party’s legal rights;
        3. grant us with a perpetual, royalty-free, world-wide, assignable and sub-licenceable licence to use that information and data for the purpose of providing you, our Members and others with our Services and Content, and for our own internal purposes.
      4. Unless specifically authorised by us in writing, or otherwise allowed by applicable laws, you may not copy (including any artwork displayed in the catalogue), modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, our Site or platforms, in whole or in part:
      5. You agree that you will not seek to reverse engineer, decompile or otherwise reproduce the Site or any of our Services or Content.
      6. You must not use our name, all related names, logos or trade marks, or the trade marks of our affiliates or licensors without our prior written consent.
      7. You agree to not offer our Services or Content for resale to any third party.
      8. If we provide social media features such as the ability to share our Content, you may take such actions as are enabled by such features but only using such tools or methods as we provide.
    3. PROHIBITED USES
      1. You agree that you will not, and will not allow any other person to:
        1. use the site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
        2. use the Site to collect or harvest data;
        3. transmit, or procure the sending of, any advertising or promotional material, to persons whose details you obtained from the Site;
        4. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
      2. Additionally, you agree not to:
        1. use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
        2. use any robot, spider data scrapers, viruses or other software which may threaten the integrity and security of Site;
        3. use any manual or automated process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
        4. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or which may cause damage to, or violate the privacy of our data of the data of our members;
        5. attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
        6. attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
        7. otherwise attempt to interfere with the proper working of the Site.
      3. We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
    4. PUBLIC SUBMISSIONS
      1. The Site may contain public comment submissions received from third parties (Statements). These Statements are obtained in good faith, and do not necessarily reflect our considered views or indicate its commitment to a particular course of action.
      2. Copyright in the Statements vests with the author. We makes no representation or warranty about the accuracy, reliability, currency or completeness of a Statement(s) nor does it accept liability for any breaches of the authors’ copyright in such statements.
      3. The Statements may contain the name of an individual or organisation responsible for the submission. Where possible, personal details of individuals who submit a Statement, except name and state of residence, are removed from the Statements before they are published on the website.
    5. LINKED SITES
      1. This Site may contain links to other Sites (including banner advertisements and sponsored links) (Linked Sites), which are not operated by us, as well as resources provided by third parties.
      2. Such Linked Sites are not under our control and are provided for your information only and should not be interpreted as approval by us of those Linked Sites or information or material contained on them. We accept no responsibility for them or for any loss or damage that may arise from your use of them. We have no control over the contents of those sites or resources, and you access and interact with such Linked Sites entirely at your own risk and subject to the terms and conditions of use for those Sites.
      3. Such Linked Sites are not intended as an implied or explicit endorsement or association of that Linked Site (and its owner) of us or our website.
    6. DISCLAIMER
      1. To the greatest extent permissible by law, we give no warranty and make no representation, express or implied, as to:
        1. the adequacy or appropriateness of any goods or services supplied by us to you for your particular needs or purposes;
        2. the adequacy or appropriateness of any information provided by us or through our channels;
        3. the accuracy, reliability, adequacy or completeness, freedom from error of the Content on the Site or any content published by someone other than us;
        4. any implied warranty or condition as to merchantability or fitness of any products or other goods or services for a purpose other than that for which they are commonly used;
        5. the appropriateness of the Services and Content for your business or personal needs, or other applications of that product.
      2. To the greatest extent permitted by law, we exclude all liability in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss or damage to property, injury, damage to reputation, loss of use, loss of data or loss of revenues or profits, whether in contract, tort, negligence or otherwise, arising out of or in connection with the Content, your use of the Site or the Services you access from or through us.
      3. In any event, if any term or condition or obligation on our part is implied into these conditions by law then our liability is limited (at our election), to the greatest extent permitted by law, to the value of the Services you have purchased, or the resupply of those Services.
    7. INDEMNITY
      1. Use of the Services may pose a risk to your safety and that of others. You agree that you will take reasonable precautions in using the Services, including, but not limited to following all instructions and manuals provided with the Services (if any).
      2. You agree to hold us, our officers, agents and employees harmless from any loss or damage suffered by you in using the Services or Content provided by us.
    8. MISCELLANEOUS PROVISIONS
      1. We may from time to time change, modify, add or remove portions of these Terms. Amendments will be effective immediately upon notification on the Site. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Any changes to ongoing costs or automatic payments will be notified to you directly, by the email provided to us, before coming into effect.
      2. If any of these Terms are at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision or part thereof shall be interpreted as severable and shall not in any way affect any other of these terms.
      3. No waiver by us, in exercising any right, power or provision in this document shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.
      4. If a dispute arises out of or in connection with these Terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
      5. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including internet outages, pandemic, epidemic, pestilence, strikes or civil unrest, and restrictions imposed by law or regulation anywhere in Australia.
      6. These Terms record the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.
      7. These Terms and any transactions governed by it will be governed by and construed in accordance with the law of South Australia. You submit to the exclusive jurisdiction of courts in South Australia