1. TERMS AND CONDITIONS
subibeauty.com (“the Site”) is owned and operated by Subi Inc (Jusik Hoesa Subi) on the World Wide Web.
2. APPLICABLE LAW AND JURISDICTION
Your use of the Site is governed in all respects by the laws of the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland in relation to any legal proceeding directly or indirectly arising out or relating to this site (including but not limited to the purchase of Subi products).
You must be over 18 to register for and use this Site. Subi may, at any time at our sole discretion, revoke your membership for any reason, including but not limited to, for breach of these Terms.
4. COSMETIC AND PERSONAL CARE PRODUCTS
Subi may offer cosmetic and personal care products, including, but not limited to skin care products and makeup, for sale through the Site. By purchasing such products you represent and warrant that you have consulted with an appropriate medical professional with respect to your use of such products and you have obtained all necessary prescriptions and other approvals and documents required in connection with your purchase and use of such products.
5. NO PROFESSIONAL ADVICE; RISK OF USE
All information supplied through the Site or Subi, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. The Site does not and is not intended to provide any information to diagnose, mitigate, prevent, treat or cure any disease or condition. Health-related information provided through the Site is not a substitute for professional medical advice. You must consult your personal physician or other healthcare professional before making medical decisions and before making purchasing decisions related to personal care products. You must carefully read and follow all product label information and the recommendations of your health care provider before using any cosmetic or personal care products. None of the information available through the Site constitutes a recommendation or solicitation to take or not take any particular action.
7. PRODUCT DESCRIPTIONS, INFORMATION AND PRICES
7A. Product Descriptions
Your use of this Site is, at all times, entirely at your own risk. Subi shall use reasonable endeavours to ensure that any information on this Site is complete, reliable and up to date. Notwithstanding this, you acknowledge that any such information may contain errors or inaccuracies and Subi expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, we may correct that information without any liability to you or any third party. Subi does not make any guarantee as to the availability or suitability of products on this Site. It is your responsibility to determine the suitability of a product or service for you and Subi expressly excludes all liability in relation to this.
IF YOU PURCHASE A PRODUCT FROM SUBI THAT IS NOT AS DESCRIBED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR SUBI CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.
Subi has made every effort to display the colours of products on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor, Subi cannot guarantee that your monitor’s display of any colour will be accurate.
7B. Limitation of Product Liability
Subi is not liable if information published on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
The Site may contain certain historical information. Historical information, where published, is not current and is provided for reference only. Subi reserves the right to modify the contents of this site at any time, but Subi has no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to the Site.
Subi will have no liability for any failure or malfunction of a product sold on the Site.
You expressly agree that your use of Subi’s services is at your sole risk. The service and all products delivered to you through the service are (except as expressly stated by Subi) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
7C. Product Availability
Subi does not guarantee that all products described on the Site will be available. We also reserve the right to limit quantities purchased by Users and to revise, suspend, or terminate a promotional event at any time without notice.
7D. Product Pricing and Service Modifications
Prices and Services offered by Subi are subject to change without notice at any time.
Subi reserves the right at any time to modify or discontinue the Service (or any part thereof) without notice.
Subi is not liable to You or any third party for any modification, price change, suspension or discontinuance of Services.
8. NO RESPONSIBILITY FOR THIRD-PARTY CONTENT; COPYRIGHT
Unless otherwise indicated, Subi reserves all intellectual property rights, including but not limited to, copyright in material and services provided by the website. The material provided on the website is provided for personal use only and may not be resold, sold, re distributed, reproduced, duplicated, copied, or otherwise exploited except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1968 or with the prior written consent of Subi.
Content on the Site may be provided by third parties, either as a result of submission by users or other persons or because of selection by Subi. Any opinions, advice, statements, descriptions, services, offers, information or other Content expressed or made available by third parties on or through the Site (“Third-Party Content”) are solely those of the respective authors or distributors, and not of Subi. Subi does not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content. Subi makes no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made by an authorised Subi representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will Subi be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third-Party Content.
Subi will not assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content. However, if you believe that the Site contains Content that infringes copyright rights held by you, please contact us with the following information and signature:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address (including country), telephone number and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
All transactions conducted by or with Subi, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in United States Dollars (USD).
Payment made by credit card or PayPal® in a currency other than United States Dollars will be converted to United States Dollars at the exchange rate determined by your credit card issuer or PayPal. Please consult your credit card issuer agreement or the user agreement for the PayPal service for information regarding the determination of exchange rates by them. These exchange rates may include a “spread,” or amount payable to PayPal or the credit card issuer, which may result in the actual price paid being higher than the posted United States Dollar price.
10. NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES
Subi does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than United States Dollars and such refund was made through the customer’s credit card or PayPal, then the credit card issuer or PayPal would determine the applicable exchange rate at such time as provided above.
In no event will Subi be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
11. ACCURACY OF BILLING AND ACCOUNT INFORMATION
Subi reserves the right to refuse any order you place with Subi. Subi may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
Subi may attempt to notify you through the contact information provided at the time an order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card details, so that Subi can complete your transactions and contact you as needed.
12. THIRD PARTY WEBSITES AND APPLICATIONS
Subi may allow you to log in to portions of the Site using “Facebook Connect,” a Facebook, Inc. (“Facebook”) Application, either as the sole means of logging in or as an alternate means. Subi may also allow you to use other Facebook Applications and features, such as a “Like” button, so that you may use information from your Facebook account on the Site and share activities and other information related to the Site via Facebook.com. In addition to the terms set forth above with respect to all Applications (and without limiting the generality thereof), by using Facebook Connect and/or other Facebook Applications and features, you permit the Site to access information related to your Facebook account (including your profile information, friends and privacy settings) and you permit Facebook to check your Facebook account cookies when you are visiting the Site and to receive information concerning actions you take on the Site.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY SUBI ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND YOUR USE OF ALL PRODUCTS (INCLUDING WITHOUT LIMITATION ALL COSMETIC AND PERSONAL CARE PRODUCTS) INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK.
SUBI DOES NOT MAKE ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS AND PERSONAL CARE PRODUCTS) OR SERVICES INCLUDED ON, SOLD THROUGH, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SUBI DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM SUBI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE.
IN NO CASE IS SUBI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATIES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO, OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES) OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM SUBI OR ANY THIRD PARTY’S UNAUTHORISED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SUBI WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT SUBI’S AGGREGATE LIABILITY ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE (INCLUDING COSMETIC PRODUCTS AND PERSONAL CARE PRODUCTS), REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.
THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN “SUBI WARRANTY” (AS DEFINED ABOVE).
WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
If any of these terms or conditions shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms and Conditions.
14.2 Delay in Enforcement
No delay or failure to take action under these Terms and Conditions shall constitute any waiver by Subi of any provision of these Terms and Conditions.
14.3 Complete Agreement
You agree to defend, indemnify and hold harmless Subi from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to the use of the Site and any Content available on the Site, any breach of these terms of service and/or any Submissions submitted, in each case by you or any user of any of your accounts.
14.5 Modification to Terms and Conditions
Subi reserves the right, at its sole discretion, to change, add or remove portions of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you, all Submissions and all other uses of the Site will be subject to the terms and conditions of these Terms and Conditions, which shall apply until Subi posts a modified Terms and Conditions and then in accordance with such modified Terms and Conditions.