Terms of Service |

 

Terms of Service

The Lanopearl website (the “Site”) is part of our ongoing commitment to providing you with information that will empower you to take control of your health and beauty. We’re very excited to bring you information on skin conditions and tools as well as a vibrant learning centre full of engaging and relevant content. We’re also proud to be building the largest community in Australia dedicated to beauty and well-being, and we encourage you to become a Lanopearl member so you can join in, share your experiences and get advice and tips from others.

By using the service, and/or by registering with us, you signify that you agree to these Terms of Service, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our Privacy Policy, and that you consent to resolve in the State of New South Wales, Australia any dispute that you may have with us, our suppliers, or the Site. Please note that we offer the Site “AS IS” and without warranties.

Lanopearl’s Terms of Service explain our Site rules, terms and conditions. Please read the Terms of Service carefully before you use or register for this Site. The following terms constitute an agreement between you and Lanopearl, the operator of the Site (“we” or “us”). This agreement (“Terms of Service”) governs your use of the Site, both as a casual visitor and as a member.

 

About the Site

The Site contains a range of information and tools about beauty and wellbeing for your use. Our content is written by us or writers we’ve commissioned, and there may also be user-generated content including blogs, group discussions, beauty goals, comments and product ratings. The content we write and commission are written by experts and screened before use. Content submitted by users is not reviewed or verified by us. Everything we offer on the Site is referred to in these Terms of Service collectively as “the Services.”

 

Changes to Terms of Service

We may change these Terms of Service at any time, we deem appropriate. If we make changes we will let you know by noting on the Site that the Terms of Service have been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Site, or if you have registered as a member, cancel your registration. Your ongoing use of any Service or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Service regularly. We may at any point add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms of Service.

 

It is important to note that the Site is an information resource and should not be a substitute for medical advice, diagnosis or treatment.

 

This site and the services offer health, fitness and nutritional information, but are designed for educational purposes only. You should not rely on this information as a substitute for, nor do they replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this Site. The use of any information provided on this Site is solely at your own risk.

Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. Developments in medical research may impact the health, fitness and nutritional information that may appear here. No assurance can be given that the information contained in this site will always include the most recent findings or developments with respect to the particular material. Your access or use of this Site and the Services does not create in any way a practitioner/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our contributors. We do not recommend or endorse any specific tests, health-care professionals, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.

 

Registration and Privacy

When you register you are required to provide your name, email address, date of birth and a password. These are your credentials for accessing Services that are only available to members (“Credentials”). Any personal information collected by us through your use of this website will be dealt with in accordance with our Privacy Policy.

In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form.

 

Responsible Actions

You are responsible for all use of the Site and Services using your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may use the Site and Services for lawful, non-commercial purposes only. When commenting on the Site or providing ratings, you must comply with the Posting Guidelines.

 

Content You Post or Submit

The Site provides the ability for members to post comments (“Postings”) that can be accessed and viewed by others, including the public in general. Postings are considered not-confidential, non-personal, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy. You may not post Postings that violate these Terms of Service or the Posting Guidelines, and we reserve the right to block your ability to post and/or to access the Site and Services if you do. Please read the Privacy Policy before submitting personal information to Lanopearl, any submission of personal information to Lanopearl constitutes your acceptance of all the terms of the Privacy Policy.

You (or the author) continue to own the copyright in your Postings but, by submitting Postings to public areas of the Site, you grant us the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and promote your Postings in any medium and any manner we choose, and to use your display name to attribute your postings to you if we so choose.

We have no obligation to pre-screen Postings, and are not responsible for their content. We encourage you to notify us of inappropriate or illegal content by using the Report Comment link, and we reserve the right to remove Postings for any reason. We are not, however, responsible for any failure or delay in removing Postings.

In addition to Postings, you may submit feedback to us. We welcome your feedback regarding our Site and Services. You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Site or Services, and that we will own all intellectual property that we create based upon or incorporating your feedback.

 

Your Use of Content

All of the Content available on or through the Services and/or the Site is owned by us, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. We give you permission to use the Content for personal, non-commercial purposes only. You may also print, download, and store articles and other information for your own convenience, but you may not distribute, republish (except as permitted in this paragraph), sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain.

 

Spam Guidelines

You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.

 

System Tampering

You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and experience of the Site and Services. You may not attempt to gain unauthorized access to any Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service. This includes use of Automated tools such as any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission.

 

Links Guidelines

The Site may include links to other websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

You generally do not need to obtain permission from Lanopearl to put a text link on your site that links back to the Site. We reserve the right to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the site, contact us for guidelines on how you should display the link.

 

Competitions

We may offer competitions on the Site. Competitions shall be governed by specific rules accessible from the page offering the competitions and will be presented to you at the time you choose to participate.

 

Additional Terms

Certain Services on the Site may have additional terms (such as policies and guidelines) that will further govern your use of that particular Service and supplement these Terms of Service. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

 

International Use

The Site and Services, including the information provided on the Site, are designed for and intended for users in Australia only. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside Australia. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside Australia you do so on your own initiative and you are responsible for compliance with local laws.

 

We Make No Warranties

We provide the site and the services “as is”, “with all faults” and “as available.” We and our suppliers make no express or implied warranties or guarantees about the services. To the extent permitted by law, we and our suppliers disclaim implied warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We and our suppliers do not guarantee that the results that may be obtained from the use of the Services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. We and our suppliers also do not guarantee the satisfaction of government regulations requiring disclosure of information on prescription drug products. No oral or written information given by a Lanopearl representative shall create a warranty. You use the site and the services at your own risk.

 

General Limitation of Liability

Your sole and exclusive remedy for any dispute with us or our contributors is the cancellation of your registration. We shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the site and services.

 

Termination

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service or other policies and terms posted on the Services by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Your right to use the Services will end once your registration is cancelled or terminated, and any data you have stored on such a Service may be unavailable later, unless we are required to retain it by law. You may terminate your registration at any time. We recommend that you transfer any medical records or other information stored on the Site prior to terminating your registration.

 

Electronic Contracting and Notices

Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”).

We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site.

The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by cancelling or discontinuing your use of the applicable Service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

 

Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Choice of Law and Location for Resolving Disputes

You agree that the law of the State of New South Wales, Australia governs these Terms of Service and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of New South Wales.

 

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site and the Services. We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

 

Trademarks

It is the policy of Lanopearl to enforce its intellectual property rights to the fullest extent permitted under law. The entire contents of the Website, including but not limited to any associated text, software, photos, video, graphics, audio and other materials, are protected by international copyright and trademark laws. All trademarks appearing on the Services are the property of their respective owners, including, without limitation, Lanopearl. No right, license or interest to such trademarks is granted by this Agreement. Lanopearl owns or licenses the copyrights to all content on the Website and all of the trademarks, service marks, trade names, service names, trade dress and products on the Website (Content). Except for accessing the Website in accordance with these Terms of Use for personal and internal purposes, you may not use, modify, copy, reproduce, republish, upload, post, transmit, decompile, reverse engineer, disassemble, distribute or otherwise exploit any of the Content, in whole or in part, without the express written permission of Lanopearl or, in the case of content licensed by Lanopearl from third parties, the entity that is credited as the copyright holder of such licensed content. Except as set forth above, nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content without the written permission of Lanopearl. Any and all rights not expressly granted herein are reserved by Lanopearl. The Website and the information contained and referenced are for informational purposes only. Request for permission to reproduce any information contained on the Website should be addressed to Lanopearl at the address listed on our Contact Us web page.