WEBSITE TERMS AND CONDITIONS

Important
Thank you for accessing the Garnier Pure Active Australia website, "http://www.garnierpureactive.com.au" (the "Website"). Please read these terms and conditions (the "Terms") before using the Website. The Website is operated by Garnier Australia, whose registered office is at 564 St Kilda Road, Melbourne VIC 3004. By using the Website, you signify your acceptance of the Terms in consideration of which Garnier provides you with access. Garnier reserves the right to modify the Terms at any time. Accordingly, please continue to review the Terms whenever accessing or using the Website. Your access to the Website following any such change will constitute your agreement to follow and be bound by the Terms as amended. If at any time you do not wish to accept the Terms, you may not use the Website. From time to time Garnier may run competitions and promotions via the Website. Each competition and promotion is subject to separate terms and conditions which will be available via information provided on the Website.


No reliance
While Garnier has endeavoured to ensure the accuracy of the information accessed via the Website, Garnier does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.


Links
The Website may contain links that will let you leave the Website or that will let you access this Website from third party sites. Links contained on the Website may, on occasion, display content or information from other websites within frames on the Website. Websites or pages to which the Website is linked are for information only and have not been reviewed by Garnier. Linked third party sites are not under the control of Garnier and Garnier is not responsible for the contents of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by Garnier in favour of such site or the products or services contained in any linked site. To the extent that this Website contains links to or may be accessed from outside services and resources, the availability and content of which Garnier does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.


Intellectual property
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trade marks, service marks and other material ("Content") is protected by copyrights, trade marks and/or other proprietary rights. The Content may include both content owned or controlled by Garnier and content owned or controlled by third parties and licensed to Garnier. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website.
You may not use any of Garniers trade marks, trade names or brands without Garniers prior express written consent and you acknowledge that you have no ownership rights in and to any of those names, brands and marks.
You agree to notify Garnier in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.


Licence and download rights
You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
Download of Content from the Website is permitted by Garnier provided only that:
(i) you make no more than one printed copy of such download and no further copies of such printed copy are made;
(ii) you make only personal, non-commercial use of such download and/or printed copy; and
(iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink, framing or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.


Permissions
If you would like information about obtaining Garniers permission to use any of the Content or if you would like to link your website to the Website, email your enquiry enquiries@garnierpureactive.com.au.


No warranty
Garnier has provided the Website as a general information service. All information provided on the Website is intended for your general knowledge only. It is not intended to be comprehensive and should not be relied upon in place of professional medical or beauty advice. You should seek prompt medical care for any specific health issues.
Garnier makes no warranties or representation about any Content or information on the Website, either express or implied, and to the fullest extent permitted by law, excludes (and where law does not permit an exclusion, limits to the extent permitted by law) all warranties and representations about the currency, accuracy, suitability or reliability of any content or information on the Website. Garnier further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Garnier does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or "Trojan horses" and Garnier is not liable for any damage you may suffer as a result of such destructive features.
Garnier shall not be held responsible for Content provided by third parties. Garnier is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website.
Any attempt to deliberately damage the Website, or the information on the Website, or to otherwise undermine the legitimate operation of any competitions or offers, may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, Garnier reserves the right to seek damages to the fullest extent permitted by law.


Limitation of liability
You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content you should discontinue use of the Website.
Garnier excludes all liability to you or any third party for any direct, special, indirect, consequential or incidental costs, losses, damages, and expenses, exemplary or lost profits, or any other damages of any kind incurred in any way (including but not limited to those arising from negligence), whether based on warranty, contract, tort (including negligence) or otherwise, even if Garnier has been advised of the possibility thereof, connected with any use of or access to the Website, or any reliance on information contained on the Website. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
These Terms do not affect your statutory rights or your legal rights as a consumer. Where terms are implied by statute, they are excluded to the extent permissible by law. If they cannot be excluded, Garniers liability will (where permissible by law) be limited to:

  • in the case of the supply of goods: the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired, at Garniers election; and
  • in the case of the provision of services: the supplying of the services again, or the payment of the cost of having the services supplied again, at Garniers election.


    • Local laws and regulations
    The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.
    Garnier does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.


    Indemnity
    You agree to indemnify, defend, and hold harmless each of Garnier, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of Garnier, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Garnier, its employees, representatives, suppliers, or agents is based on or arises in connection with:
    (i) your use of the Website;
    (ii) any breach by you of the Terms;
    (iii) a claim that any use of the Website by you
    (a) infringes any intellectual property rights of any third party, or any right of personality or publicity, or
    (b) is misleading, libellous or defamatory, or otherwise results in injury or damage to any third party; and
    (iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you.
    References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer.
    You agree to pay Garnier, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.


    Termination
    Garnier has the right to terminate or suspend operation of the Website, for any or no reason, without notice and without liability.


    Changes to the website
    You accept that Garnier has the right to change the content or technical specifications of any aspect of the Website at any time at Garniers sole discretion. You further accept that such changes may result in your being unable to access the website.


    Transmission and feedback of information
    Any information you transmit through this Website is subject to Garnier's privacy policy and remains Garniers property. You are prohibited from transmitting to or from this Website any unlawful, threatening, libellous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under law.
    You agree that Garnier may use and/or disclose information about your demographics and use of the Website in a manner that does not reveal your identity.


    Severance & Waiver
    If any provision of the Terms is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a continuing waiver of such term or any other term.


    Entire agreement
    Except as provided herein, the Terms are the entire agreement between us and supersede any prior understanding or agreements (written or oral). Nothing in this clause will operate to limit or exclude either partys liability for fraud.


    Governing law and jurisdiction
    The Terms are governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.


    COPYRIGHT © GARNIER 2009
    Copyright © GARNIER 2009