ALL ABOUT GEL TERMS AND CONDITION
Welcome to the All about Gel website that offers quality nail gels designed and used by nail technician. The following Terms and condition apply when you view or use the All About Gel website.
Please endeavor to review the following terms carefully. By accessing or using the All About Gel Service, you signify your agreement to these Terms and condition. If you do not agree to these Terms, you may not access our website or use the All About Gel products.
ABOUT ALL ABOUT GEL
All About Gel website allows you to have access to our full range of UV/Led Gel Colours, Shine and Matte top coats and Base coats gels. All About Gel website also enables all users to sign up and have access to their account profile, account information, products buying history, track your orders & enjoy in our special All About Gel offers.
All About Gel strives to offer the best customer service and user experience. We always ensure you receive the best quality Gel products and information. We provide the platform for all our esteem customers to enjoy the best gel polish that is not only designed by a nail technician, but used by every nail technician all over the world.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old to register for and use the All About Gel products & website.
If you are a user who signs up for All About Gel products or website, he/she must have to create a personalized account in our website which includes a unique username and password to access the All About Gel website and to receive promotional messages from the All About Gel.
You agree to notify us immediately of any unauthorized use of your password and/or account. However you agree that all about Gel will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the All About Gel website is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
A. post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
B. use the All About Gel product or website for any unlawful purpose or for the promotion of illegal activities;
C. attempt to, or harass, abuse or harm another person or group;
D. use another user’s account without permission;
E. provide false or inaccurate information when registering an account with All About Gel;
F. interfere or attempt to interfere with the proper functioning of All About Gel website;
G. make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
H. bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
I. Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account with All About Gel website, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, and link to or otherwise make available via All About Gel website.
You agree that All About Gel are merely acting as a passive conduit for your online distribution and publication of your User Content. All About Gel however, reserves the right to remove any User Content from our website at its discretion.
The following rules pertain to your User Content, by transmitting and submitting any User Content while using All About Gel website & products, you agree as follows:
✓ You are solely responsible for your account and the activity that occurs while signed in to
or while using your account;
✓ You will not post information that is malicious, false or inaccurate;
✓ You will not submit content that is copyrighted or subject to third party proprietary
rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
✓ You hereby affirm All About Gel have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms and condition, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of All About Gel website and products is solely your responsibility. All About Gel is not responsible for any public display or misuse of your User Content. All About Gel does not, and cannot, pre-screen or monitor all
User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with All About Gel website.
ONLINE CONTENT DISCLAIMER
All About Gel takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over this website. Under no circumstances will All About Gel be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the website, or transmitted to users.
Opinions, advice, statements, offers, or other information or content made available through All About Gel website, but not directly by All About Gel are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. All About Gel does not guarantee the accuracy, completeness, or usefulness of any information on the website and neither does All About Gel adopt nor endorse, nor is responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than All About Gel website.
Though All About Gel strives to enforce these Terms and condition you may be exposed to User Content that is inaccurate or objectionable. All About Gel reserves the right, but has no obligation, to monitor the materials posted in the public areas of All About Gel website or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms and condition or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. [E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.]
All About Gel shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our website and products, please contact us 0444 532 037 or email us email@example.com.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of All About Gel products, All About Gel may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”) these links are provided as a courtesy to products subscribers. All About Gel has no control over such Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by all About Gel;
So therefore All About Gel is not responsible for any Third Party Sites accessed through our website or any Third Party Applications, Software or Content posted on, available through or
installed from All About Gel website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by All About Gel.
If you decide to leave All About Gel website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. Hence, you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our website or relating to any applications you use or install from the supposed site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. All About Gel respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the All About Gel has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the website who are repeat infringers. All About Gel may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on All About Gel website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to All About Gel designated copyright agent at allaboutgel.com.au
1. The date of your notification; 2. A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed; 3. A description of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work; 5. Information reasonably sufficient to permit All About Gel agent to contact you, such as
an address, telephone number, and/or email address; 6. A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and 7. A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from All About Gel website is not infringing, or that you have the authorization from the copyright
owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature; 2. A description of the content that has been removed and the location at which the content
appeared before it was removed; 3. A statement that you have a good faith belief that the content was removed as a result of
mistake or a misidentification of the content; and 4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in South Australia and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by All About Gel copyright agent, All About Gel may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in All About Gel’s discretion) be reinstated on All About Gel website in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via All About Gel website, you expressly grant, and you represent and warrant that you have a right to grant, to All About Gel a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with All About Gel website and products.
You acknowledge and agree that All About Gel and our licensors retain ownership of all intellectual property rights of any kind related to All About Gel website, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on All About Gel website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from All About Gel in an electronic form via the email address you have submitted; and (b) agree that all Terms and condition, agreements, notices, disclosures, and other communications that All About Gel provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
All About Gel may also use your email address, to send you other messages, including information about All About Gel products and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org
Opting out may prevent you from receiving messages regarding All about Gel products or special offers.
All About Gel products & website, is provided “as is,” without warranty of any kind. Without limiting the foregoing, all about gel expressly disclaims all warranties, whether express, implied or statutory, regarding our website or products including without limitation any warranty of merchant-ability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, All About Gel makes no warranty or representation that access to or operation of our website or products will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from All About Gel website. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
LIMITATION OF DAMAGES; RELEASE
To the extent permitted by applicable law, in no event shall all About Gel, its affiliates, directors, or employees, or its licencors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your user content; (b) your use or inability to use All About Gel website or products; (c) All About Gel generally or the software or systems that
Make All About Gel products available; or (d) any other interactions with All About Gel or any other user of All About Gel website & products, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not All About Gel has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
If you have a dispute with one or more users, a retailer or a merchant of our product or service that you review using All About Gel website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS AND CONDITION
All About Gel can amend these Terms and condition at any time and will update these Terms in the event of any such amendments. It is your sole responsibility to check All About Gel website from time to time to view any such changes in the Agreement. If you continue to use All About Gel website, you signify your agreement to our revisions to these Terms and condition. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of All About Gel’s rights here under shall not be valid or effective except in a written agreement bearing the physical signature of an officer of All About Gel. No purported waiver or modification of this Agreement by All About Gel via telephonic or email communications shall be valid.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of All About Gel to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with All About Gel must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You acknowledge that you have read these terms and condition, understand the terms, and will be bound by these terms and conditions. You further acknowledge that All About Gel terms and condition
Copyright (c) 2017(s) of first publication All About Gel
Subject to the express provisions of these terms and conditions:
(a) We, together with our licencors, own and control all the copyright and other intellectual property rights in All About Gel website and the material on our website; and
(b) All the copyright and other intellectual property rights in All About Gel website and the material on our website are reserved.
LAW AND JURISDICTION
These Terms and condition and your use of All About Gel website are governed by the federal laws of the United States of America and the laws of the State of South Australia, without regard to conflict of law provisions.
Any disputes relating to these terms and conditions shall be subject to the exclusive OR non- exclusive jurisdiction of the courts of Australia.
If you have any questions about these Terms & condition, please contact us at http://www/allaboutgel.com.au/contact-us or Email us at email@example.com