TERMS OF USE
1. ACCEPTANCE OF THE TERMS
These Terms of Use (the “Terms”) constitute a binding and enforceable legal contract between Pfaorganicskincare.com Online Marketplace Australia, its affiliated companies (together, the “Administrator”, “we”, “us”) and you. Please read these Terms carefully.
1. Your access and use of the Pfaorganicskincare.com website, as well as any service, content, and data available via them (together, the “Service” or the “Platform”) are governed by these Terms.
2. If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the Terms, then do not access or use the Service.
3. Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, rules, policies, or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason with or without prior notice.
2. IMPORTANT DISCLAIMERS
1. ALL SERVICES RENDERED BY THE ADMINISTRATOR ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTEES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.
2. ONCE ANY OF OUR POSTED ITEM IS PAID FOR AND DELIVERED TO THE END USER, OUR COMPANY IS NOT ELIGIBLE TO ACCEPT REFUND OR RETURN OF SUCH GOODS AFTER IT IS OPENED OR USED
3. THE ABILITY OF BUYERS TO PAY FOR GOODS OR SERVICES; OR THAT A USER WILL ACTUALLY COMPLETE A TRANSACTION. ADMINISTRATOR MAKES NO GUARANTEES CONCERNING THAT MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE, ADVERTISING AND/OR USE OF PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE PLATFORM DO NOT INFRINGE ANY THIRD PARTIES’ RIGHTS. THEREFORE, ADMINISTRATOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION TO MATERIALS AND INFORMATION POSTED BY USERS ON THE PLATFORM.
3. ACCOUNT REGISTRATION
1. In order to use certain features of the Service you may need to register an account on the Platform (the “Account”) and provide certain information about yourself as prompted by the registration form.
2. You may create an Account as an individual or as an authorized representative of a company.
3. You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.
4. You hereby represent and warrant to us that you have reached the age of majority or are accessing the Service under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.
5. We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
6. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. USER REPRESENTATIONS AND WARRANTIES
By using the Service, you represent and warrant that:
1. You have the legal capacity and you agree to comply with the Terms;
2. If you register yourself as a representative of a legal entity, you are authorized by the company to enter into an agreement with us and with users of the Platform;
3. You are above 18 years of age;
4. You will or have provided true, accurate, and complete information in your Account;
5. You will update your information on your Account to maintain its truthfulness, accuracy, and completeness;
6. You will immediately change data for access to the Platform if you have a suspicion that your Account access details were disclosed or probably used by the third parties;
7. You will notify the Administrator of any unauthorized access to your Account;
8. You will not provide any false or misleading information about your identity or location in your Account;
9. You will use the Service in strict abidance by applicable laws, regulations, rules, guidelines;
10. You will not use the Service for any illegal or unauthorized purpose;
11. You will not post on the Platform announcements that infringe other person’s rights or interests, including any intellectual property rights or any other personal or proprietary rights of any third party.
12. You will not post on the Platform announcements that include:
13. false, misleading or deceptive statements;
14. You will not use software and pursue any other actions aimed to interference with the normal operation of the Platform;
15. You will not promote or distribute unsolicited commercial emails, chain letters, Ponzi schemes through the Platform or by any other means towards other users of the Platform;
5. INDEMNITY
You agree to indemnify and hold the Administrator, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of: (i) your use of the Platform; (ii) your User Content; (iii) your violation of any representation, warranty, covenant, or obligation stipulated in these Terms; (iv) your violation of any applicable law, industry-standard, regulation, guideline, rule; (v) any transaction entered into by you via the Platform or your violation of terms of such transaction. The Administrator reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
6. INTELLECTUAL PROPERTY RIGHTS
1. Information you submit to us as part of your registration, and any data, text, pictures and other materials that you may submit or post on the Platform (the “User Content”) remain your intellectual property, and the Administrator does not claim any ownership of the copyright or other proprietary intellectual property rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Administrator may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.
2. You grant the Administrator the non-exclusive, worldwide, transferable, perpetual, irrevocable right to copy, modify, adapt, store, publish, distribute, publicly display and perform, communicate and make available to the public the User Content in connection with the Service as well as for the Administrator’s marketing, advertising, and other purposes.
3. You agree, and represent and warrant, that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.
CONTACT
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: