This document sets out the terms which you may use our Website and Social Media.
Please read the following terms and conditions of use carefully before using this website and social media. All users of this site and social media agree that access to and use of this site and social media is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, you must not use this site or our social media.
Copyright
The entire content included in this site and social media, including but not limited to text, graphics or code is copyrighted as a collective work under the Australian and other copyright laws, and is the property of www.manerepublic.com.au and www.luxemane.com. The collective work includes works that are licensed to www.manerepublic.com.au and www.luxemane.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.manerepublic.com.au and www.luxemane.com or purchasing any of our affiliated products available for sale on this website. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site and social media solely for your own non-commercial use, or to place an order with www.manerepublic.com.au and www.glamclub.com.au or to purchase www.glamclub.com.au affiliated products for sale on this website. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site and our social media is strictly prohibited, unless authorised by www.manerepublic.com.au and www.luxemane.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Financial Information
All payments are processed securely with PayPal. www.manerepublic.com.au and www.luxemane.com do not store any of your financial details.
Trademarks
All trademarks, service marks and trade names of www.manerepublic.com.au and www.luxemane.com used in the site and our social media are trademarks or registered trademarks of www.manerepublic.com.au and www.luxemane.com and its affiliated partners.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.manerepublic.com.au and www.luxemane.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Although we attempt to maintain the best legal and security practices www.manerepublic.com.au and www.luxemane.com do not represent or warrant that the functions contained in this site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.manerepublic.com.au and www.luxemane.com do not make any warrantees or representations regarding the use of the materials in our site and social media in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Posting Policy
You may upload Posts on the Website and Social Media subject to our posting policy which is as follows: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, world-wide licence to use any Intellectual Property in Posts, including rights to: (a) copy, reformat, edit or translate; (b) publicly perform or present; (c) distribute for any purpose including for commercial or advertising purpose; (d) incorporate in our Website and Social Media or any other works; and (e) IP licence in relation to that material ends when you delete that Post but you understand that even if you delete Posts, we may still keep back-ups for a reasonable period of time.
Limitation of Liability
www.manerepublic.com.au and www.luxemane.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use the materials on this site our social media or the performance of the products, even if www.manerepublic.com.au and www.luxemane.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a www.manerepublic.com.au or www.luxemane.com product is mistakenly listed at an incorrect price, www.manerepublic.com.au and www.glamclub.com.au reserve the right to refuse or cancel any orders placed for a product listed at the incorrect price. www.manerepublic.com.au and www.glamclub.com.au reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.manerepublic.com.au or www.luxemane.com, whichever you purchase from shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your access to the sites and our social media and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.manerepublic.com.au or www.luxemane.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
www.manerepublic.com.au or www.luxemane.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.manerepublic.com.au or www.luxemane.com
Miscellaneous
Your use of this site and our social media shall be governed in all respects by the laws of Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.manerepublic.com.au or www.luxemane.com products) shall be in the state or federal courts Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.manerepublic.com.au and www.glamclub.com.au products) must be commenced within one (1) year after the claim or cause of action arises. www.manerepublic.com.au and www.luxemane.com ‘s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.manerepublic.com.au or www.glamclub.com.au may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site and Social Media
Harassment in any manner or form on the site or our social media, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.manerepublic.com.au or www.luxemane.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to distribute, or otherwise publish through the site or our social media any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or social media or use the site or social media to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
www.manerepublic.com.au and www.luxemane.com do not and cannot review all communications and materials posted to or created by users accessing the site or social media, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.manerepublic.com.au and www.glamclub.com.au are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the websites or social media. However, www.manerepublic.com.au and www.luxemane.com reserve the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.manerepublic.com.au or www.luxemane.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless www.manerepublic.com.au and www.luxemane.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site or social media using your Internet and or social media account.
Third-Party Links
In an attempt to provide increased value to our visitors, www.manerepublic.com.au and www.luxemane.com may link to sites operated by third parties. However, even if the third party is affiliated with www.manerepublic.com.au and/or www.luxemane.com, www.manerepublic.com.au and www.luxemane.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.manerepublic.com.au and www.luxemane.com. Any linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.manerepublic.com.au and www.luxemane.com seek to protect the integrity of the website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Jurisdiction
This Agreement is governed by the laws of Western Australia. We make no representation that content displayed on www.manerepublic.com.au and www.luxemane.com are appropriate or available for use in other locations and jurisdictions. Any party involved submits to the exclusive jurisdiction of the courts of Western Australia. No Party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
Amendment
We may make changes to the Website and Social Media and these terms and conditions at any time without notice.
Customs and Import Duties
Any customs or import duties are charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you may want to contact your local customs office for further information.
Breach of Terms and Conditions
If you breach any of these terms and conditions we may take appropriate actions including but not limited to: (a) issuing a warning notice; (b) suspending your access to the Website and Social Media; (c) prohibiting your access to the Website and Social Media; or (d) bringing court proceedings against you.
Interpretation
In this Agreement, unless the contrary intention appears:
(a) a reference to this Agreement or any instrument includes any variation or replacement of any of them;
(b) a reference to a person includes a body corporate, joint venture, association, government body, firm and any other entity;
(c) a reference to legislation includes any amendments to it, any legislation substituted for it, and any subordinate legislation made under it;
(d) the singular includes the plural and vice versa;
(e) words of one gender include any gender;
(f) headings do not affect the interpretation of this Agreement;
(g) reference to a Party includes that Party’s personal representatives, successors and permitted assigns;
(h) reference to a thing (including a right) includes a part of that thing;
(i) if a Party comprises two or more persons:
(i) reference to a Party means each of the persons individually and any two or more of them jointly;
(ii) a promise by that Party binds each of them individually and all of them jointly;
(iii) a right given to that Party is given to each of them individually; and
(iv) a representative, warranty or undertaking by that Party is made by each of them individually;
(j) a provision must not be construed against a Party only because that Party prepared it;
(k) a provision must be read down to the extent necessary to be valid and if it cannot be read down to that extent, it must be severed;
(l) if a thing is to be done on a day which is not a Business Day, it must be done on the Business Day before that day;
(m) another grammatical form of a defined expression has a corresponding meaning;
(n) the word “include” is used without any limitation;
(o) the rights, duties and remedies in this Agreement operate to the extent that they are not excluded by law; and
(p) examples are descriptive only and not exhaustive.
Definitions
The following words have these meanings unless the contrary intention appears:
(a) Agreement means the Website and Social Media Terms and Conditions as amended from time to time.
(b) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(c) Claim means any claim, suit, action, demand, or right.
(d) Content means any material on the Website and Social Media as amended from time to time including but not limited to text, document, image, logo, photo, audio material, video material and audio-visual material.
(e) Liability means responsibility for any loss (either direct or indirect), damage, injury, or expense.
(f) Party means a party to this terms and conditions.
(g) Parties mean all parties to this terms and conditions.
(h) Post or Posts includes comments, images, photos, writings or any other material that you upload on our Website and Social Media.
(i) Social Media includes but is not limited to our Facebook, Instagram and Twitter sites.
Website and site means
https://manerepublic.com.au/ and http://www.luxemane.com/
(j) Website and Social Media Terms and Conditions means the terms and conditions set out in this document.
(k) We, Us, Our or Ourselves refers to Mane Republic Glam Club and our related body corporates.
(l) You, Your or Yours refers to a user of this Website and Social Media.