Vear Solutions Pty Ltd (344 Little Collins St, Melbourne, VIC, 3000, Australia) is an Australian registered company (ABN: 65147532269), trading as Full Brow Cosmetics. We’ll go by “Full Brow”, “we”, or “us”. We will also refer to the Site and our retail locations, and the services available through them as the “Services”.
Our contact details are listed in the ‘Contact’ section of our website. We reserve the right to change and alter these terms without giving prior notice and it is up to the user of the website to take responsibility to return to this page to review any changes that have been made. These changes take effect from the exact time of posting on this website.
The last time these Terms and Conditions were altered was on the 4th March 2018.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND FULL BROW RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION IN AUSTRALIA, EXCEPT THAT TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN AUSTRALIA. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATED TO OR CONNECTED WITH THE USE OF THE SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BANNED.
SECTION - TERMS
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
You represent and warrant that you are at least 16 years old or visiting the Site under the supervision of a parent or guardian.
SECTION - ELIGABILITY
We only permit individuals who are at least 16 years old and can form legally binding contracts to use the Services. You can use the Services if you are under 16, but only if you are at least 13 years old and only if a parent or legal guardian who is at least 16 years old supervises you. In all cases, the adult will be the user and is responsible for any and all activity. If you are younger than 13 years old, you may not use the Services. Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. However, we may refuse to let certain people access or use the Services. We may also change our eligibility criteria.
SECTION - LIMITATIONS
In no event shall Full Brow or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Full Brow’s website, even if Full Brow or a Full Brow authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
SECTION - ORDERING
We shall not be obliged to supply the Product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first). A Contract shall be formed, and we shall be legally bound to supply the Product to you, when we accept your Order, expressed in the form of a “Confirmation of Order” email. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order.
If you or we have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact email@example.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
SECTION – ACCURACY/ONMISSION/ERRORS
The materials appearing on Full Brow website could include technical, typographical, or photographic errors. Full Brow does not warrant that any of the materials on its website are accurate, complete, or current. Full Brow may make changes to the materials contained on its web site at any time without notice. Full Brow does not, however, make any commitment to update the materials. We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
SECTION - LINKS
Full Brow has not reviewed all the sites linked to (and from) its web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Full Brow of the site. Use of any such linked web site is at the user’s own risk.
SECTION - GOVERNING LAW
Any claim relating to Full Brow web site shall be governed by the laws of the State of Victoria (in Australia) without regard to its conflict of law provisions. No matter where you’re located, the laws of the State of Victoria, Australia will govern these Terms and the relationship between you and Full Brow.
SECTION – RESULTS
Photography and images displayed on the website that demonstrate product colour/shade (such as our ‘Colour Guide’ and shade selection functionality) should be considered examples only, as the actual product colour shade once applied to the end user may differ. Every person has different skin and hair and therefore results may vary between customers. Full Brow won’t be held responsible for results below customer expectation. It is your responsibility to ensure that the Products are sufficient and suitable for purposes and meet your individual requirements, and as such we do not warrant that the products will meet your individual requirements.
SECTION – DISCLAIMERS
The materials on Full Brow’s web site are provided “as is”. Full Brow makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Full Brow does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this site.
SECTION – COPYRIGHT
All the content that appears on the Services, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Full Brow is protected by Australia, EU, United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services are proprietary to Full Brow, or the respective owners of such Marks. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Australian or international law; or (c) includes any bugs, viruses, worms, trap doors, trojan horses or other harmful code or properties.
If you would like to request authorization to use the materials or content on the Services, please contact us at firstname.lastname@example.org
SECTION – INTERLECTUAL PRPOERTY
All text, photographs, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to Full Brow. The collection, arrangement, and assembly of all Content on this Site belongs exclusively to Full Brow. All software used on this Site is the property of Full Brow Pty. The Content, the Compilation and the Software are all protected by Australian and international copyright laws. The website, logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Full Brow. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
SECTION – USER CONTACT (REVIEWS & COMMENTS)
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified healthcare professional for advice, diagnosis, and/or treatment of any health-related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions.
Anything that you submit or post to the Site and/or provide us, including without limitation, photographs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
SECTION - DELIVERY
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances and except in the case of pre-orders. Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, for example if your delivery address is geographically remote, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Products comprised within the same order cannot be delivered to different addresses. The Product(s) ordered will be at your risk from the time you receive the Product(s). Ownership of the Product(s) ordered will also pass to you upon your receipt of the Product(s), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received. If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.