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Terms & Conditions
Terms of Use
The information contained within this document relates to the Sea Our Beauty Pty Ltd online store, trading under Conserving Beauty. Conserving Beauty is the trading name for Sea Our Beauty Pty Ltd (referred to in these terms and conditions as Conserving Beauty).
Disclaimer
The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, Conserving Beauty does not give any express or implied warranties and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, Conserving Beauty does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose. Information on this website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided. In addition, to the fullest extent permitted by law, Conserving Beauty does not warrant that the website itself is free from any computer viruses or other defects or that your access to the website will be continuous or uninterrupted. Conserving Beauty accepts no liability arising from your access to this website.
Limitation of Liability
Subject to the provisions of consumer protection legislation that cannot be excluded, Conserving Beauty accepts no liability arising from the information on this website, or on websites linked from this website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, Conserving Beauty will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website. Where conditions and warranties implied by law cannot be excluded, Conserving Beauty limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.
Copyright
All content on this website, including text, graphics, logos, photographs, audio and video clips and data compilations is the property of Sea Our Beauty Pty Ltd T/A Conserving Beauty or its content suppliers and protected by Australian and international copyright laws.
Trademarks
Conserving Beauty and all related graphics, photographs, logos, and product and service names are trademarks (both registered and unregistered) of Conserving Beauty or its affiliates in other countries. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without Conserving Beauty's express prior written consent.
Licence and Site Access
Conserving Beauty grants you a limited licence to access and make personal use of this site and not to download (other than page caching or to access wholesale inquiry forms designed for downloading) or modify it, or any portion of it, except with Conserving Beauty’s express prior written consent. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of Conserving Beauty. You may not use any metatags or any other hidden text using Conserving Beauty’s name or trademarks without Conserving Beauty’s express prior written consent. Any unauthorised use will automatically terminate the licence granted above.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to www.conservingbeauty.com so long as the link does not portray Conserving Beauty, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. If requested by Conserving Beauty, you must remove any hyperlink to this website contained on your website or any other digital content. You may not use any Conserving Beauty logo or other proprietary graphic or trademark as part of the link without Conserving Beauty’s express prior written consent.
Third Party Websites
Conserving Beauty may include links on this website to websites owned by other parties. Conserving Beauty is not in any way responsible for the material contained on these sites, nor is Conserving Beauty responsible for the availability of these sites. Conserving Beauty does not endorse and is not responsible or liable for any content, including advertising or products offered on these sites, nor is Conserving Beauty responsible for any damage, offence or loss caused as the result of visiting these websites. Conserving Beauty recommends that before you visit any website you check that your computer is running up-to-date virus checking software.
Privacy
Personal information provided to Conserving Beauty via this website will be handled in accordance with Conserving Beauty’s Privacy Policy.
Security
Conserving Beauty’s credit card transactions are fulfilled by a banking institution authorised under the laws applicable to this website. When collecting credit card information for online purchases, Conserving Beauty offers secured server transactions that encrypt your information in transit to prevent others from accessing it. All information is stored on a secure server. Your credit card details are encrypted and then removed from our system once your order has been dispatched.
Although Conserving Beauty engages all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorised use of your account. You will need to register to use certain parts of this website. When registering, you will be required to nominate a username and password. You must keep this username and password safe and must not disclose this information to any third party. If you become aware of unauthorised use of your account, please notify us immediately.
Cookies
If your web browser is set up to accept cookies, a cookie will be stored on your hard drive when you visit Conserving Beauty’s website. Cookies allow Conserving Beauty to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an Internet Service Provider), type of browser, operating system, domain name, and the details of any website which has referred you to this website. Conserving Beauty uses cookies to track and collect information about which parts of Conserving Beauty’s site and newsletter (including links to other websites) are being visited by you. Cookies also allow Conserving Beauty to recognise your computer while you are on Conserving Beauty’s site, and to send you to the country of origin and language you selected on your first visit to Conserving Beauty’s site. This information is used to maintain the quality of our service and to provide tracking and statistics regarding the use of our website. If you would rather not have this information stored on your computer, you can configure your browser, so it does not accept cookies. However, if you disable cookies you may not be able to access all parts of this website, including the purchase section.
General
Conserving Beauty may vary these terms and conditions at any time by publishing a revised version of the terms and conditions on this website. The law applicable to this website is the law of the State of Victoria, Australia.
Definitions and Application
In these Terms of Trade, " Conserving Beauty " means Sea Our Beauty Pty Ltd. (ABN 20 644 368 285) trading as Conserving Beauty, 'you' means the organisation or individual who is ordering product on the website, and the "Products" means the Conserving Beauty products which may be ordered on the website. These Terms of Trade apply to any purchase of any Products by you from this website.
Orders
Conserving Beauty reserves the right to refuse any Order. In such case, Conserving Beauty will notify you as soon as reasonably practicable and refund to you any payment that may have been paid in full. All products ordered are for personal use and gifting only. They must not be resold in any form or any place; Conserving Beauty reserves the right to take legal action against unauthorized and unofficial sale of goods.
Prices and Payment
All prices on the website are in Australian dollars and are inclusive of GST. Prices are subject to change without notice. The amount payable to Conserving Beauty for an Order (Order Amount) will be the total of the following amounts:
- except for international (outside Australia) orders, the sum of the price of each Product ordered as indicated on the website at the time of submitting the Order (Product Subtotal);
- the cost of delivery determined in accordance with Delivery stated above, and
- the sum of any other fees which Conserving Beauty levies from time to time and which you have agreed to pay by providing your electronic consent (e.g. subscription fees).
Where the Order is to be delivered to an international (outside Australia) address, the amount of GST will be deducted from the price of each Product ordered. You must pay the Order Amount by credit card at the time of submitting the Order. Conserving Beauty accepts Visa, Mastercard, or American Express. Where the Order is to be delivered to an international (outside Australia) address, you may need to pay customs charges to your local government in addition to the Order Amount. Conserving Beauty provides no advice on what these charges may be. To help you understand the possible custom charges that you may incur you may wish to visit your local customs website.
Liability
Without limiting Conserving Beauty’s legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, Conserving Beauty reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment:
- withhold supply and dispose of the Products requested in the Order, and/or
- refuse to deal further with you, and Conserving Beauty will not be liable to you for any loss or damage directly or indirectly resulting from any such action.
Subject to the fullest extent permitted by law, the Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them. Subject to the following "No Warranty" clauses and to the fullest extent permitted by law, the liability of Conserving Beauty for any loss or damage suffered by you as a result of Conserving Beauty breaching its obligations under these Terms of Trade or other tortious duty (including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products.
No Warranty
Subject to the following clauses and to the fullest extent permitted by law, Conserving Beauty gives no warranty in respect of the Products. For consumers the Products come with non-excludable warranties and guarantees under consumer protection legislation, such as that Conserving Beauty is the rightful owner, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If Conserving Beauty breaches any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, and to compensation for any reasonable foreseeable loss. You may also have express rights of action against Conserving Beauty under consumer protection legislation if Conserving Beauty supplied defective Products to you that cause you injury, loss or damage.
Force Majeure
If Conserving Beauty is delayed or hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, Conserving Beauty will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
GST
Where Conserving Beauty makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include GST, Conserving Beauty will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any GST on the Taxable Supply. In these Terms of Trade, 'GST' means the tax payable on Taxable Supplies under the GST Legislation, 'GST Legislation' means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax and 'Taxable Supply' has the meaning given to it in the GST Legislation.
TERMS & CONDITIONS - SKIN-FAMOUS ERA COMPETITION
Schedule to Terms & Conditions of entry
Promotion name |
Conserving Beauty Skinfamous Era Competition |
Eligible States/Territories |
National |
Promotion period |
Start: 20 Nov 2023 9:00 AM AEDT End: 31 Jan 2024 3:00 PM AEDT No entries will be accepted outside this time. |
Promoter |
Sea Our Beauty Pty Ltd ABN: 206 443 68285 11 Wilson Street South Yarra VIC 3141 |
Eligible entrants |
Entry to the Promotion is open to Australian residents in all eligible states/territories who fulfil the method of entry requirements and are 18 years of age or older. |
Details of prizes |
1 Major prize, -Conserving Beauty Product and Merchandise worth $450 Travel is not included in the prize. Winner and their guest must pay for their own travel expenses. |
Total number of prizes |
1 |
Total prize value |
Total prize pool (inc GST): $2,270.00 |
Method of entry |
To enter, an entrant must, during the promotional period: Create an account on conservingbeauty.com or login to your conservingbeauty.com account AND Each purchase will automatically gain one entry into the prize draw. |
Maximum number of entries |
Unlimited |
Prize draw |
A random prize draw will occur 4:00 PM AEDT on 31 Jan 2024 The draw will be performed electronically using www.randomdraws.com.au |
Notification of winners |
Winners will be notified via Email & phone no later than 01 Feb 2024. |
Public announcement of winners |
The winners of all prizes will be published here: conservingbeauty.com on 01 Feb 2024 |
Unclaimed prize draw |
A random unclaimed prize draw will occur 1:00 PM AEDT on 07 Feb 2024 The draw will be performed electronically using www.randomdraws.com.au |
Notification of unclaimed prize winners |
Unclaimed prize winners will be notified via Email & phone no later than 07 Feb 2024. |
Public announcement of winners from unclaimed prize draw |
The winners of all unclaimed prizes will be published here: conservingbeauty.com on 07 Feb 2024 |
Permit reference |
Not required |
Terms & Conditions of entry
- Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
- Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the competition permit providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
- The Promotion will be conducted during the Promotion period.
- The time zone applicable to any time stated, relates to the state or territory where the Promoter is located, unless expressly stated to the contrary.
- The Prize/s are specified in the Details of prizes section of the Schedule.
- The total prize pool is specified in the Total prize value section of the Schedule.
- Any prize is valued in Australian dollars unless expressly stated to the contrary.
- If the prize winner of the Event prize has not confirmed their availability to take the prize on the specified dates by the specified time and date, the prize winner’s entry will be deemed invalid. The Promoter reserves the right to conduct a further draw to award the prize, subject to any directions given by any relevant authority.
- Neither the Promoter nor any company or agency associated with the Event accepts responsibility for the cancellation or delay of the Event for any reason beyond their control or any inability of the winner to attend the Event when scheduled.
- If any part of the Event is abandoned, varied, called off or postponed for any reason, the winner and, if applicable, their companion(s), at the Promoter’s discretion, forfeits all rights to attend the event and no cash or alternative tickets will be substituted for that element of the prize.
- Entrants agree to comply with any conditions which accompany the Event.
- Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
- The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
- The time of entry will be deemed to be the time the entry is received by the Promoter.
- Entrants may submit up to the Maximum number of entries (if applicable).
- The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
- The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. If a draw is scheduled on a public holiday, the promoter may choose to instead hold the draw on the first business day after the relevant public holiday. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.
- The winner does not need to be present at the draw unless expressly stated to the contrary.
- The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
- The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
- It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
- The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
- If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available the promoter may substitute with a prize of higher or equal value subject to any written directions from a regulatory authority. The promoter is not allowed to deduct any administrative costs associated with provision of the prize.
- To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
- If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
- Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
- The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.
- The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
- In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
- All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
- Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
- The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
- The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
- Facebook, YouTube, Instagram, TikTok, or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok or Snapchat; and to release Facebook, YouTube, Instagram, TikTok, or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, TikTok, or Snapchat.
Conserving Beauty wishes to acknowledge the Traditional Custodians of the land on which we work and gather on. We pay respect to Elders - past, present and emerging - and recognise their ongoing connection to this beautiful country, with knowledge and stories that have been handed down since time immemorial.