Terms of Use
Effective Date: December 26, 2021
PLEASE READ THESE WEBSITE TERMS OF USE (“Terms of Use” CAREFULLY. BY USING THIS WEBSITE, QRDNAILS.COM (“WEBSITE”), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE, PLEASE DO NOT ACCESS THIS WEBSITE.
The following Terms constitute a legal agreement between QRD Nails located at Suite 1098, 1/44 Mountain Street, Ultimo NSW 2007 (“QRD Nails,” “us,” “our” and “we”) and you and, if applicable, the entity on whose behalf you are entering into these Terms of Use (also referred to as “your”).
We recommend that you keep a copy of these Terms of Use for your records as these may be updated from time to time.
IMPORTANT NOTE: We draw your attention in particular to the sections “EXCLUSIONS AND LIMITATIONS OF LIABILITY”, “INDEMNIFICATION”, and “DISCLAIMERS” as these limit our liability to you and will dictate how disputes are resolved.
OUR DETAILS
QRD Australia Pty Ltd operates the website.
Our address is Suite 1098, 1/44 Mountain Street, Ultimo NSW 2008
Our email address is hello@qrdnails.com
YOUR RESPONSIBILITY
It is your responsibility to ensure that anyone who accesses our website on your computer(s) or device(s), or who are permitted and able to access our website on your computer(s) or device(s) are aware of our Terms of Use and all other documentation referred to on this page. If for any reason, these persons do not agree to our Terms of Use or do not wish to be bound by them, they must not access or use our website and you must not allow them to do so.
OTHER DOCUMENTS
Our website is available to you subject to our Terms of Use however there are other documents which govern your use of our website, please see below:
- Privacy Policy. You acknowledge that any and all information you provide through our website or otherwise, which includes but is not limited to, through the use of any interactive features on the website and account registration, is governed by our Privacy Policy, and you consent to all actions we take in regard to your data consistent with our Privacy Policy. It defines the types of data we collect, the reasons we collect it, how it is used, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your data and your rights in regard to your data.
CHANGES TO OUR TERMS OF USE
We reserve the right to make changes to our Terms of Use from time to time. All changes are effective immediately when we post them and will be applicable to all access and use of our website. For example, if you use our website after we post a revised version of our Terms of Use, your use will be governed by the revised Terms of Use. You can find out whether our Terms of Use have been revised by looking at the Effective Date at the top of these terms.
It is your responsibility to check our Terms of Use each time you access our website in order to ensure that you are aware of the terms that apply to your visit at that time.
YOUR ACCOUNT
Access to and use of certain functions and features of our website may require you to register for a user account (“Account) with us. If you decide to register an Account, you will provide us with certain data to create and access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any purchases. Your log-in information such as your password must be kept confidential, and you may not authorise any third party to use your Account. You agree that you will not solicit, collect or use the login credentials of other individuals. We strictly do not allow the creation of, and you also agree that you will not create an Account for anyone other than yourself. We will not be liable for any loss or damage that results from unauthorised use of your Account, either with or without your knowledge. You are fully responsible for your failure to protect information or for permitted any other person to access or use your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at hello@qrdnails.com if you suspect any unauthorised use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.
INFORMATION AND CONTENT
Our website provides you with general information about us, our business and the products and services that we offer from time to time. We do not guarantee the accuracy, completeness, or usefulness of this information. This website may also include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions, expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity provided those materials. These materials do not always reflect our opinion and should not be taken as fact. We are not responsible or liable to you or any third-party for the content or accuracy provided by any third parties.
The content on our website is not to be taken as advice. Any dependence on such information is strictly at your own risk. We do not accept any responsibility or liability arising from dependence placed on such materials by you or any other visitor to the website or by anyone who may be informed by any of its contents.
CONTENT ON OUR WEBSITE
The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes. You may not otherwise extract, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or distribute the content displayed on our website without written consent prior to doing so.
PROHIBITED USE OF OUR WEBSITE
You must not, without prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, including our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
You must use our website for lawful purposes only and in accordance with these Terms of Use. You are prohibited from using our website for any purpose that is unlawful or that in any way breaches any applicable laws and regulations, whether local, national or international.
GEOGRAPHIC RESTRICTIONS
Our website is provided for users in Australia. Although it is possible to access the website from other countries. We make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than Australia or that content available on the website will be appropriate for users in other countries. If you access our website from outside of Australia, you do so at your own risk and are responsible for compliance with your local and national laws.
TEXT MESSAGES
By providing us with your mobile phone number (including as part of creating your Account), you agree to receive non-marketing, service-related text messages from or on our behalf at the phone number provided. You further agree to receiving text messages from or on our behalf at the number provided for marketing or promotional purposes.
If you do not wish to continue receiving text message, you agree to reply STOP to any mobile message from us in order to opt out. You may receive an additional mobile message confirming your decision to opt out.
BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT WE MAY USE AN AUTOMATIC DIALLING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.
PRODUCT PURCHASES
Product purchases made through our website are subject to our Terms and Conditions. Please review the Terms and Conditions carefully prior to making a purchase through our website. The Terms and Conditions are incorporated by reference in these Terms.
PROMOTIONS AND GIVEAWAYS
We may hold promotions and giveaways from time to time (“Promotions”). You may not transfer, assign, sell, trade or barter any prize, premium or other benefit you receive through a Promotion. Any prize, premium or other benefit is awarded “as is” without any express or implied warranty, including implied warranties of merchantability and fitness for a particular purpose.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who attempts to tamper with the Promotion terms.
You agree to be bound by our decisions, which are final and binding in all matters regarding Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where they are prohibited, restricted or taxed.
PARTICIPATION IN A PROMOTION CONSTITUTES AS AGREEANCE TO RELEASE QRD NAILS AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISNG FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury that is caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
If you purchase goods or services from our website, different exclusions of liability may apply. These are contained in our Terms and Conditions.
SUBJECT TO THE ABOVE-MENTIONED, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
- YOUR USE OF OUR WEBSITE;
- ANY CORRUPTION OR LOSS OF DATA;
- ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);
- ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
- ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;
- ANY LOSS OF REPUTATION OR GOODWILL;
- ANY LOSS OF SAVINGS;
- ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
- ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,
AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.
WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
To the extent that any of the provisions of this Section 15 are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
INDEMNIFICATION
You (and also any third party for or on behalf of whom you operate an Account or activity on the Website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or those conducted on your behalf):
- your uploads, access to or use of the Website;
- your breach or alleged breach of these Terms of Use;
- your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
- your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
- any misrepresentation made by you.
You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
- THE SERVICE;
- THE WEBSITE CONTENT;
- USER CONTENT; OR
- SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.
WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
NOTHING IN THESE TERMS OR YOUR USE OF THE WEBSITE ALTERS, MODIFIES, EXTENDS, GRANTS OR AMENDS ANY WARRANTIES THAT YOU MAY HAVE IN CONNECTION WITH YOUR PURCHASES OF PRODUCTS UNDER THE APPLICABLE TERMS OF SALE.
AGE RESTRICTIONS ON USE OF OUR WEBSITE
By using this site, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use this Website. QRD Nails and the Website do not knowingly collect information from children under age 18. If you are under age 13, you are not permitted to use the Website or to submit any personally identifiable information to the Website. If you provide information to us through the Website, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse and use the information on the Website, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms of Use on your behalf; you may not submit any personal information. If you are a parent or guardian and believe we may have inadvertently collected personal information from your child, please notify QRD Nails immediately by sending an email to hello@qrdnails.com
SUSPENSION AND TERMINATION
We reserve the right to suspend or terminate access to or withdraw or modify all or part of the Website or your account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the Website, content updates, periodic maintenance, or to resolve any issues that we become aware of. You may terminate your Account or your use of the Website at any time.
Termination will not limit any of our other rights or remedies. The sections titled Ownership of Material on our Website, Indemnification, Exclusions and Limitations of Liability, Disclaimers, Governing Law, and General and any other provision that is intended to survive termination shall survive termination of these Terms of Use or your access to the Website or Account.
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
NOTICES
We may give you all required notices (including legal process) by any lawful method, including by posting notices on the Website or by sending it to any email address that you provide to us. You agree to send us notices by email to hello@qrdnails.com or by mailing them to the following address:
QRD Australia Pty Ltd
Suite 1098
1/44 Mountain Street
Ultimo NSW 2007
GOVERNING LAW AND JURISDICTION
These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with Australian law in New South Wales, without giving effect to any choice or conflict of law provision or rule (whether of New South Wales or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of New South Wales, Australia.
The state and federal court sitting in New South Wales, Australia shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use.
GENERAL
If any provision of these Terms of Use is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. You and QRD Nails intend that the provisions of these Terms of Use be enforced to the fullest extent permitted by applicable law. Accordingly, you and QRD Nails agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely. QRD Nails may assign these Terms of Use, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the Website, or under these Terms of Use. These Terms of Use (including any incorporated terms or policies) constitute the entire agreement between you and QRD Nails with respect to your Account and the Website. Both you and QRD Nails warrant to each other that, in entering these Terms of Use, neither QRD Nails nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and QRD Nails, or QRD Nails’ successors and permitted assigns, will have any right to enforce any of these Terms of Use.