These are the Terms of Phorus trading as Phorus Beauty ABN 73 550 279 463 (“we”, “us”, “our” or “Phorus Beauty”).  By using our website and purchasing our products, you agree to be legally bound and to abide by these Terms.  If you do not agree with these Terms, you must refrain from using our website and purchasing our products.  We may modify these Terms at any time, without notice to you.  When we change these Terms, we will also update the “Date of last update” at the top of these Terms.  You should check this page occasionally to ensure you are familiar with any changes. 

 

Accuracy of product descriptions

When we refer to “products” we refer to goods and/or services.  We try to ensure that information provided through our website is accurate and current.  However, we cannot guarantee the accuracy, adequacy, currency, or completeness of information on our website. 

For example:

1. Colours of products may change, and all products are subject to availability;
2. Variations to products may occur from time to time for various reasons including changes in ranges or product specifications;
3. While we try to represent products (including colours accurately), the representation on your screen may be different to the actual product;
4. Descriptions of products are summaries only. Further information is available on request;
5. We may withdraw any product from sale for any reason, however, that product might still appear on our website for a period of time after that withdrawal; and
6. Due to technical or human error, information may be recorded incorrectly or omitted.

We make no representation that a product shown on our website will be available for purchase, either immediately or at all.

 

Products, Time and Manner of Delivery

 

We will provide our products to you as are set out on our website or other marketing material, whether in hard copy or electronic format.  The products will be provided to you within the timeframe specified upon purchase. Time frames and date of delivery are provided for guidance only and we make no guarantee that the products will be provided or performed within the specified period. 

 

Fees, Payment and Charges

 

The fees payable for the products are on our website and are inclusive of GST (if any).  International orders (where available) will be processed in Australian dollars.  If you order products for delivery outside Australia (where available), the products may be subject to import duties and taxes which are levied when the delivery reaches its destination.  You will be responsible for payment of these duties and taxes.  We may alter prices and delivery charges for any reason at any time.  If there is a pricing mistake or error on our website, we are not obliged to honour such price, and will contact you prior to processing your order.  Payment in full is required before we process your order.  We accept payment by credit card (credit card fees may apply), debt card, PayPal or any other method notified by us from time to time.

 

Warranty, returns and liability

 

While we do our best to keep our website up to date and error free, mistakes can occur.  We do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on our website.  If you have acted in reliance on a mistake on our website, we are not obliged to honour the mistake, and will contact you prior to processing your order.

We do not warrant that access to our website will be uninterrupted or error free.  We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through our website. 

We do not warrant that our website, its servers, or emails sent from us are free of viruses or other harmful components. 

We do not offer refunds or exchanges for change of mind.  If a product you have purchased from us is unsatisfactory, please be in contact and we will endeavour to reach a mutually acceptable resolution.

 

To the extent permitted by law, any other condition or warranty which would otherwise be implied into these Terms is excluded. 

We will not be liable for any damage of any kind arising from the use of this website including but not limited to direct, indirect, special, incidental or consequential damages.

Limitation of Liability

 

To the extent allowed by law, our liability to you for loss or damage arising from or in relation to our products, whether arising from breach of contract, tort (including negligence) or otherwise, is limited to the total fees payable by you for the products.

 

To the extent allowed by law, we exclude all liability to you for any indirect, special or consequential loss, damages or costs, loss of profit or revenue, loss of business, business interruption, loss of data or loss of goodwill arising from or in relation to our products.

 

We shall not be liable for any delay in performing, or any failure to perform, any of our obligations if the delay was due to any event outside our reasonable control.

 

You are liable for and will indemnify us, our directors, employees and contractors from and against any liability, loss, claims, costs, damages or expenses that may result from any third-party claims arising out of or in relation to the provision of the products, and will reimburse us for all costs and expenses (including legal fees on a solicitor/client basis) incurred by us in connection with any such action or claim.

 

Links

 

Our website may provide links to third-party websites over which we have no control.  This is done for your convenience only.  We take no responsibility for the accuracy or currency of the information on those sites.  We do not endorse any information, or products referred to within those sites, and our provision of these links should not be taken as an endorsement. 

Testimonials and reviews

In the event that you post or publish your own copyrighted material, whether by way of testimonial, review or other feedback (including your user name and contact details), on our website or an affiliated website or on a website where we have an account e.g. Google reviews, you understand and agree that we may use, reproduce, publish, modify, adapt and transmit that material to others free of charge and without restriction.  You agree that we are under no obligation to publish, or to remove, your posted material at any stage.

Intellectual Property

 

We own all intellectual property rights in and to our website and the products and information displayed in it and other material underlying and forming part of our website.  Use of our trademarks or any intellectual property, information or other material from our website is not permitted without our prior written consent.  Any other trademarks we use are used with the permission of their respective owners.

Termination or suspension

 

We may at any time and without notice to you:

 

1. change the format and content of our website;
2. stop providing, suspend or restrict operation of our website; and
3. stop providing our products (either in whole or in part).

 

No such action on our part will affect any of our rights or your responsibilities under these Terms.

 

Relationship with you

 

We are an independent contractor, not an employee.  This engagement does not create a partnership relationship; neither you nor we have the authority to enter contracts on the other’s behalf.

 

Relationship with others

 

You agree that we will not be prevented or restricted by virtue of our relationship with you under this agreement from providing our products to our other customers, some of whom may be in competition with you or have interests that conflict with your own.

 

Severability

If any part of these Terms is held to be illegal, invalid or unenforceable by a Court of law, the legality, validity and enforceability of the remaining parts will not be affected.

 

Waiver

Any failure or delay by us to enforce any provision of these Terms will not be interpreted as a waiver of our rights or remedies. 

 

Force majeure

 

Neither party will be liable to the other for any delay or failure to fulfil its obligations (excluding payment obligations) under this agreement to the extent that any such delay or failure arises from causes beyond its control.

 

Assignment

 

Neither of us may transfer, charge or otherwise seek to deal with our rights or obligations under this agreement without prior written consent of the other party.

 

Entire agreement

 

This agreement is the entire agreement between you and us relating to our products.  It replaces and supersedes any previous correspondence, understandings or other communications (written or oral). 

 

Applicable law

 

These Terms shall be governed and interpreted by the laws of Queensland, Australia.  Any dispute arising from the Terms, or a breach of the Terms, will be subject to the exclusive jurisdiction of the Courts of Queensland, Australia and any Court that can hear appeals therefrom. 

 

Feedback

We value and welcome your feedback, comments and suggestions.  If you have any feedback, comments or suggestions, please contact us at hello@phorusbeauty.com