Terms & Conditions – Compare Cosmetica

INTRODUCTION
1. Welcome to the Compare Cosmetica website located at www.comparecosmetica.com.au (CC) which is owned and operated by Compare Cosmetica Pty Ltd (ABN 61 641 599 948) (Company).
2. Please read these Terms & Conditions carefully. By accessing and using CC, you become a user of CC (User, You, Your) and agree to be bound by these Terms & Conditions and our Privacy Policy located at [insert a link to your privacy policy]. These Terms & Conditions constitute a legally binding agreement between you and the Company (“Agreement”).
3. The Company reserves, at its sole discretion, the right to alter, modify, add to, or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the services available via CC, without prior notice to you. It is your responsibility to check the Terms & Conditions each time you use CC.
DEFINITIONS
1. The following definitions apply to these Terms & Conditions:
  Agreement has the meaning set out in Clause 1.2;
  CC has the meaning set out in Clause 1.1;
  CC< Services has the meaning set out in Clause 3.1;
  CC Website means the webpage located at www.comparecosmetica.com.au
  Clinic means a business that provides health and or beauty services and treatments listed on CC;
  Company has the meaning set out in Clause 1.1;
  Company Materials has the meaning set out in Clause 4.1;
  Content means the content, text, data, information, images, pages, materials, tools, and results contained on the CC Website;
  Data means any data or information entered by a User;
  Listing means a listing of a Service via CC;
  Service means a beauty and or health service or treatment offered by a Clinic as represented in a Listing; and
  User, You, Your has the meaning set out at Clause 1.2.
COMPARE COSMETICA
1. CC is an online information platform that offers comparisons on health and or beauty related Services provided by Clinics (CC Services). CC is not an exhaustive comparison of all available health and or beauty providers, nor does it consider the personal circumstances of Users.
2. When a User views a Listing, the Listing shall include the applicable store, price, description, and any other relevant information with respect to the Service.
3. All bookings or inquiries with respect to any Service are to be made directly to the applicable Clinic. For the avoidance of doubt, CC is solely a platform that provides the information uploaded to CC by the Clinic and is not otherwise connected to or associated with the Clinic.
INTELLECTUAL PROPERTY RIGHTS
1. Except for third party data (including the Data) or as otherwise stated, all other parts of CC are owned or controlled by the Company or third parties that have authorised such use, including but not limited to all trade marks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content of CC (Company Materials).
2. All rights are reserved. No Company Materials may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms & Conditions, without the prior written consent of the Company.
USER CONDUCT
1. As a User you must not (and must not allow any third party to):
  - use CC in any manner that could damage, disable, overburden, or impair CC;
  - attempt to gain unauthorised access to any parts of CC;
  - interfere or attempt to interfere with the proper working of the CC software;
  - use any robot, spider, scraper, or other automated means to gain unauthorised access without express written permission from the Company;
  - analyse, reverse engineer, attempt to replicate the underlying ideas, algorithms, and source code of CC; and or
  - transmit any viruses, worms, defects, Trojan horses, malware, or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data of CC.
2. The Company reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any third party website or application which is linked to or from CC.
3. As a User you agree to not use CC:
  - in an obscene, defamatory, abusive, harassing, or threatening manner; and or
  - for any purpose that is unlawful or prohibited by these Terms & Conditions.
USER WARRANTIES
1. In using CC, the User warrants to the Company:
  - that the Company will not be in any way liable to the User or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, loss of money, goodwill, reputation or data arising from the User’s use of CC;
  - that any contract formed between the user and a Clinic via CC is solely between the User and such Clinic, and the Company is not a party to such contract, nor does it assume any responsibility arising out of or in connection with such contract or relationship; and
  - that the User will not hold the Company responsible for any other user’s acts or omissions, including but not limited to anything in connection with data entered. The User agrees that the Company has no control over, does not guarantee, and disclaims any and all liability for the quality of data and the accuracy of information or representations contained on CC.
LIMITATION OF USE
1. In the event that the User breaches this Agreement and any applicable law, the Company, in its sole discretion, may:
  - refuse and or limit the User’s current or future use of CC;
  - be regarded as discharged from any further obligations under this Agreement; and
  - pursue any additional or alternative remedies provided by law.
2. The following sections of these Terms & Conditions will survive termination: Intellectual Property; User Warranties; Rights; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.
INDEMNITY
1. The User hereby agrees to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and licensors against any and all claims, costs, losses, liabilities and or damages suffered or may incur by reason of any Data imported into CC, the access and use of CC, the CC Website and or any breach or alleged breach of this Agreement by the User.
2. Should the Company, in its sole discretion, determine that the User has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and or other remedies, including, without limitation, court action.
DISCLAIMER
Disclaimer – CC Websites
1. Subject to these Terms and Conditions, the User agrees that their use of and access to the CC Website (including but not limited to creating and using a customer account) is at their own risk.
2. The Company, to its best endeavours, ensures that the Content (which includes information supplied by the Clinics) is accurate and up-to-date. However (to the maximum extent permitted by law), the Company nor CC warrants the accuracy, adequacy, or completeness of the Content, and the User should not rely upon the Content as being accurate, complete, or up-to-date. The Company and CC recommend that the User confirm the information and results obtained on the CC Website with the relevant Clinic.
3. The Company will take reasonable steps to provide a safe and reliable service. However, the Company does not guarantee that the CC Website will be free from any bugs or viruses. The Company accepts no responsibility for any harmful computer code that might be introduced to Your system by using the CC Website (to the maximum extent permitted by law).
4. The Company does not guarantee that access to the CC Website will be uninterrupted, timely, or secure, or that it will always operate as intended, and the Company accepts no responsibility in that regard (to the maximum extent permitted by law).
NO WARRANTIES AND LIMITATION OF LIABILITY
1. CC is provided on an “as is” basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and or fitness of CC for a particular use, accessibility, or warranties that access to or use of CC will be uninterrupted or error-free. The Company does not represent that CC will be secure or free of viruses or other harmful material or elements, or that any Company Materials (or other information contained on CC) will be correct, accurate, timely, or complete.
2. The Company may direct Users to third-party websites including those of the Clinics, and is not responsible for the content, the accuracy of the information and any products or services available on such third-party websites and/or for any damage of any kind arising from the User’s access or use of such third-party websites.
3. The Company has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with CC, including but not limited to any errors and/or misrepresentations made via CC. For the avoidance of doubt, the Company is not responsible for the provision of the Services, products, business practices and/or any information provided to the User by any Clinic or on behalf of any Clinic.
ASSIGNMENT
1. The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of the Company. The Company reserves its right to assign the provisions of this Agreement at any time.
GOVERNING LAW AND JURISDICTION
1. Please note that these Terms and Conditions or any dispute or claim arising out of or in connection with them or use of CC (whether or not contractual) shall be governed by laws of Victoria, Australia.
2. The User agrees that the courts of Victoria shall have exclusive jurisdiction over any dispute or claim arising from, or related to, these Terms and Conditions or use of the Service (including non-contractual disputes or claims).
3. These Terms and Conditions do not create an agency, partnership, employment, or joint venture relationship between the User, CC, and the Company.
4. The Company will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances the Company will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms and Condition and CC’s other commitments.
5. No third party or (except, where applicable, the permitted assign of the Company) is entitled to the benefit of these Terms and Conditions under the Australian Consumer Law is set out in Schedule 2 of the Competition and Consumer Act 2010 or otherwise.
CHANGES AND MODIFICATIONS
1. To the CC Services
  - The Company is constantly updating and improving the CC Service to try and find ways to provide the User with new and innovative features. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the CC Services. The Company may, at its sole discretion, from time to time:
    (i) introduce new features or functions;
    (ii) remove some features or functions;
    (iii) creating, promoting or using most up to date technologies; and
    (iv) make any changes that it deem necessary on CC Services are offered and to these Terms and Conditions.
  - To action any changes or modifications to the CC Services, the Company may need to update, reset, stop offering, and or supporting a particular part of the CC Services, or feature relating to the CC Services. These changes to the CC Services may affect the User’s past activities on the CC Services and features used by the User.
  - The User acknowledges that changes will occur to the CC Services. These changes may affect the ability to provide Service to the Users. As a result of these changes, the Company may even suspend the CC Services entirely, in which event the Company will notify the User in advance where possible, unless extenuating circumstances, such as safety or security concerns, prevent the Company from doing so.
  - Once the Company has made changes to the CC Services, the User’s continued use of the CC Services will demonstrate the User’s acceptance of such changes.
2. To these Terms and Conditions
  - The Company may revise these Terms and Conditions from time to time and any changes will take effect after three (3) days of any notification via email or through the CC Website notifying the User of any changes, or at the time the revised Terms and Conditions are posted (whichever is the earlier) and the User’s continued use of the CC Services shall constitute acceptance of such revised Terms and Conditions.
  - Changes will usually occur because of new features being added to the CC Services, changes in the law, or where the Company need to clarify its position on something.
  - The Company will endeavour where possible and reasonable, but is not obliged, to contact the User to inform the User of any significant changes to any of the documents referred to in these Terms and Conditions.
ENTIRE AGREEMENT
1. This Agreement shall constitute the entire agreement and understanding between the User and the Company concerning the subject matter hereof and supersedes all prior agreements and understanding of the User and the Company with respect thereto.
2. If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

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