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Website Terms & Conditions

WEBSITE TERMS & CONDITIONS

 Welcome to Gushiv. Please take some time to read the following conditions applicable to the use and enjoyment of our website.

The following terms and conditions, along with Gushiv’s policies such as the Privacy Policy and other policies, govern the use of Gushiv and constitute the entire agreement between the contracting parties. By browsing the site or by signing up as a member, you agree to be bound by the conditions listed below as amended from time to time.

Gushiv loves interacting with you. These terms and conditions govern how Gushiv will interact with you.  

REVIEW OF TERMS

These website terms and conditions are subject to change from time to time without notice. Past terms and conditions can be accessed on request by written notice to Gushiv. Contact details can be found here. Use of the site will be governed by the website terms and conditions in force upon the date of that transaction.

Your continued use of the site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the site. For this reason, you should frequently review these terms and conditions and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the site.

Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Gushiv reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).

 

INTELLECTUAL PROPERTY

All content on this site, including without limitation text, icons and graphics are the property of Gushiv or its suppliers and are protected by Australian and International intellectual property laws. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent. Nothing in these terms and conditions constitutes a transfer any intellectual property rights.

 

ADVICE AND INFORMATION

The advice and information contained within or provided through this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions.

The statements made about products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.

Use of the site is not meant to serve as a substitute for professional medical advice. The site is solely an online store for specialty skincare products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Gushiv does not give or intend to give any answers to medical related questions. No prescription medications or medical treatments are intentionally provided on the site.

While we make every effort to ensure that the information contained within this website is correct, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colors, ingredients, information or other content available on or via the site is accurate, complete, reliable, current, available or error-free.  We take no responsibility for any loss or damage arising from use of information or reliance on advice.

While Gushiv has tried to accurately display the colors of products, the actual colors you see will depend on your device, ambient lighting and other factors beyond Gushiv’s reasonable control, and may not accurately reflect the color of the product.

Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Gushiv.

 

REVIEWS AND COMMENTS

Throughout the use of the site users may be invited to review certain products, or request information in relation to products or participate in forums (‘Content’). If you do submit such Content, you give Gushiv permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the site. You also permit Gushiv to publish your first name and State or Town in association with any Content provided by you.

By submitting Content, you represent and warrant that:

(a) you understand that you are participating in a public forum and that your Content will be available to all other users of the site;

(b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Gushiv to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the site and these terms and conditions;

(c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content;

(d) all Content that you post is accurate;

(e) You are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and agree to these terms and conditions; and

(e) that the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

(a) is not false, inaccurate or misleading;

(b) does not harm minors;

(c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

(d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(e) does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business;

(g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

(h) is not submitted for compensation or other consideration from any third party;

(i) is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and

(j) does not contain any computer viruses, worms or other potentially damaging computer programs or files. Users must not post Content which seeks to impersonate any person or entity, including, without limitation, any Gushiv personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. Users may not use the site to collect or store personal data about other users.

Gushiv reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by a user will be excluded if it violates the Agreement regarding submission of Content.

User reviews of products in no way represent the views or opinions of Gushiv or its owners, shareholders, employees or others, but are the sole product of its creator. Gushiv disclaims all liability with respect to the Content.

 

SOCIAL MEDIA

Our general policy is not to delete your comments on Gushiv’s social media pages, even if they are very critical of us, but there are a few reasons we may take down your posts. These are:

(a) if your post may offend anyone;

(b) if your post attacks another contributor or Gushiv personnel;

(c) if you flood our feed, making it difficult for others to get a word in;

(d) if you post information that may endanger your privacy;

(e) if your post is off topic.

While we support lively, open discussion, we reserve the right to block any users who don't comply with our rules, or who are otherwise deemed to be behaving inappropriately.

 

LIMITATION OF LIABILITY

You agree that, to the fullest extent permitted by law, Gushiv will not be reasonable or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any

(a) interruption of business;

(b) access delays or access interruptions to the site;

(c) data non-delivery, misdelivery, corruption, destruction or other modifications;

(d) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites;

(e) any inaccuracies or omissions in Content, or

(f) events beyond our reasonable control.

You agree to defend, indemnify and hold harmless Gushiv (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of:

(a) your use of and access to the site;

(b) your violation of any term of these terms and conditions;

(c) a breach of your representations and warranties set forth above regarding Content;

(d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or

(e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of the site.

Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind or loss of profits, revenue, loss of data, loss of goodwill, arising out of or related to the site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

 

BREACH AND TERMINATION

If, in Gushiv’s reasonable opinion, you have breached any provision of this agreement Gushiv may immediately issue a warning or temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate this agreement (and your rights to use the site) at any time and for any reason without prior notice to you.

 

COMPETITIONS

Gushiv may run competitions through its site, or through social media. Your participation in those competitions will be subject to these terms and conditions and any terms and conditions of the competition. The laws of Victoria will govern all competitions run by Adore Beauty.

 

LINKS TO OTHER SITES

Gushiv maintains links to other websites but makes no representations as to the accuracy of the material therein, and is not responsible for the content and conduct of these sites. Further, where users or Gushiv personnel link other websites on our site or on our social media pages does not mean that Gushiv endorses them or takes any responsibility for the accuracy of the content on those sites.

 

INTERFERENCE WITH THE SITE

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this site or any material or content displayed on the site.

 

APPLICABLE LAW AND JURISDICTION

Gushiv (www.gushiv.com) is created and controlled in New South Wales, Australia. These Website Terms and Conditions are governed by and construed in accordance with the State of New South Wales, Australia. By using this site, you submit to the jurisdiction of the courts of New South Wales and Australia and agree that any legal action will only be commenced in these forums.

 

GENERAL

If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Gushiv’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

Effective as at July 2019

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