terms of use

terms of use

welcome to philosophyskincare.com.au (“our site”), where the content and services available on our site are subject to the following terms and conditions. by accessing or using philosophyskincare.com.au, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by these terms and conditions which include our privacy policy. if you do not agree to these terms of use, please do not use philosophyskincare.com.au.

about us

references throughout these terms of use to “us”, “we” or “our” refer to coty australia limited, a company registered in Australia. our registered office is at level 31, 1 market street, sydney.

privacy policy

please review our privacy policy, which also governs your visit to philosophyskincare.com.au, so that you may understand our privacy practices.

disclaimer of warranties

the philosophyskincare.com.au website is provided on an "as is" basis without warranty of any kind, express or implied. we do not warrant that the website will be uninterrupted or error free, nor do we make any warranty as to any results that may be obtained by use of the website. to the extent permitted by applicable law, we expressly exclude all representations, warranties, conditions and other terms express or implied (by statute, common law or otherwise) in relation to philosophyskincare.com.au. you expressly agree that your use of our site is at your own risk and we accept no liability for any viruses and/or other malicious programs on our site.

accuracy of information

we attempt to be as accurate as possible when describing our products on philosophyskincare.com.au; however, to the extent permitted by applicable law, we do not give any guarantee, conditions or warranty that the product descriptions, colours, sizes, prices or other content available on philosophyskincare.com.au are accurate, complete, reliable, current, or error-free.

limitation of liability

under no circumstances shall we be liable to you or any other person for any liability for any direct, indirect or consequential loss (including, without limitation, any direct or indirect loss of profit, business, income, data or goodwill) incurred by you (or any third party) in connection with our site or in connection with the use, inability to use, or results of the use of our site, and websites linked to it and any material, content or trademarks posted on it whether caused by tort (including negligence), breach of contract or otherwise. your sole and exclusive remedy hereunder shall be for you to discontinue your use of our site and terminate this agreement.

nothing in these terms of use shall limit our liability for personal injury, death or fraud.

intellectual property

all content available on philosophyskincare.com.au, including but not limited to text, information, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "content") is the property of coty australia limited, our group companies, partners, or licensors, and is protected by english and international database rights, copyright and other intellectual property laws.

the trademarks, logos, and service marks displayed on philosophyskincare.co.uk (collectively, the "trademarks") are the registered and unregistered marks of coty australia limited, our group companies, partners or licensors, and are protected by english and international trademark laws. we give no warranty or representation that the content or the trademarks do not infringe the rights (including intellectual property rights) of any third party.

except as set forth in the limited licenses section below, or as required under applicable law, neither the content or trademarks nor any portion of philosophyskincare.com.au may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

limited license

we grant you a limited, revocable, and non-exclusive license to access and make personal use of philosophyskincare.com.au. this limited license does not include the right to: (i) frame or utilize framing techniques to enclose philosophyskincare.com.au, any portion thereof or any content or trademark; (ii) modify or download philosophyskincare.com.au or any content or trademark (except caching or as necessary to view philosophyskincare.com.au); (iii) make any use of philosophyskincare.com.au or any content or trademark other than personal use; (iv) create any derivative work based upon either philosophyskincare.com.au or any content or trademark; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the trademarks or to otherwise use the trademarks; (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools or otherwise collect and/or use any product listings, descriptions or price; or (vii) take any other action that may impose an unreasonable burden or load on our infrastructure.

we also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of philosophyskincare.com.au for personal, non-commercial use only subject to the following conditions. a web site that links to philosophyskincare.com.au (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such web site or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any trademark without our express written consent; and (vii) may not link to any page of philosophyskincare.com.au other than the home page. we may, in our sole discretion, request that you remove any link to philosophyskincare.com.au, and upon receipt of such request, you shall immediately remove such link.

any unauthorized use by you of philosophyskincare.com.au terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these terms of use. immediately upon any such termination you shall cease accessing our site and remove any hyperlink to our site.

your obligations & responsibilities

in the access or use of philosophyskincare.com.au, you shall comply with these terms of use and the special warnings or instructions for access or use posted on philosophyskincare.com.au. you shall act always in accordance with the law, custom and in good faith. you may not make any change or alteration to philosophyskincare.com.au or any content or services that may appear on philosophyskincare.com.au and may not impair in any way the integrity or operation of philosophyskincare.com.au. without limiting the generality of any other provision of these terms of use, if you default negligently or willfully in any of the obligations set forth in these terms of use (including our privacy policy), you shall be liable for all the losses and damages that this may cause to coty australia limited, our affiliates, partners or licensors.

website promotions

details for any and all promotions available for use on philosophyskincare.com.auk are explicitly stated in the email, advertisement or article to which they are associated, (such as eligibility requirements, dates of availability, contents of the promotion, etc).

third party links

we are not responsible for the content of any off-web site pages or any other web sites linked to or from philosophyskincare.com.au. links appearing on philosophyskincare.com.au are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. your visit to any such off-web site pages or other web sites is at your own risk. we are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-web site pages or any other web sites linked to or from philosophyskincare.com.au, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and web sites, including, without limitation, their privacy policies and terms and conditions. you should carefully review the terms and conditions and privacy policies of all off-web site pages and other web sites that you visit.

submissions

it is our policy to decline unsolicited suggestions and ideas. notwithstanding this policy, any suggestions, ideas or other similar information you provide us (collectively, "submissions") will be treated as non-proprietary and non-confidential. subject to the terms of our privacy policy by transmitting or posting any submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, worldwide and fully sub- licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. you also acknowledge that your submission may not be returned and we may use your submission, and any intellectual property rights, ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. you agree to waive your right to be identified as the author of such submission and your right to object to derogatory treatment of such submission.

if you make a submission, you represent and warrant that you own or otherwise control the rights (including intellectual property rights) to your submission and that your submission does not infringe any third party's rights (including intellectual property rights). you further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." you may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission. you agree to indemnify us for any loss or damage arising from, or in connection with, any third party claims relating to any submission.

indemnification

you agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal costs, resulting from any third party claim, action, or demand resulting from your use of philosophyskincare.com.au. you also agree to indemnify us for any loss, damages, or costs, including reasonable legal costs, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure or on our site.

disputes

with respect to any dispute regarding philosophyskincare.com.au, all rights and obligations and all actions contemplated by these terms of use shall be governed by the laws of australia and the Australian courts shall have exclusive jurisdiction over any such claim.

termination

you may terminate this agreement by providing written notice to us. upon such termination, you shall cease all use of philosophyskincare.com.au and we shall be permitted to delete your account and any and all information associated therewith.

general information

you acknowledge and agree that these terms of use, which include our privacy policy constitute the complete and exclusive agreement between us concerning your use of philosophyskincare.com.au, and supersede and govern all prior proposals, agreements, or other communications.

we reserve the right, in our sole discretion, to change these terms of use at any time by posting the changes on philosophyskincare.com.au. any changes are effective immediately upon posting to philosophyskincare.com.au. your continued use of philosophyskincare.co.uk constitutes your agreement to all such terms of use. we may, with or without prior notice, terminate any of the rights granted by these terms of use. you shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of philosophyskincare.com.au. please review these terms of use regularly.

nothing contained in these terms of use shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

our failure to require your performance of, or enforce, any provision hereof shall not affect our full right to require such performance, or enforce such provision, at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

in the event that any provision of these terms of use shall be unenforceable or invalid under any applicable law or be so held by any court of competent jurisdiction, such unenforceability or invalidity shall not render these terms of use unenforceable or invalid as a whole. we will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

if you have any questions regarding these terms and conditions, please contact us at auconsumeraffairs@cotyinc.com.