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Terms + Conditions 

TERMS OF SERVICE

This is the legal document that binds users to the terms and conditions of use of this web site. Please read it carefully and advise if you are not in agreement with these terms and conditions. If you continue to use the web site you will have been deemed to have agreed with these terms and conditions and be bound by them.

This website is operated by Vush Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Vush Pty Ltd. Vush Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Passwords, Registration, Authorisation and Access

To enter certain portions of the Vush Pty Ltd Websites, you may be required to submit an on-site registration form, which may include, without limitation, your name, address, email address, age, gender and/or credit card information ("Application"). You agree that for the Application, and at all times thereafter, to: (a) provide current, complete, true and accurate information; (b) maintain and update your information as required to keep it current, complete and accurate; and/or (c) provide additional information about yourself as may be requested by Vush Pty Ltd from time to time. Please note that Vush Pty Ltd may use any Application information in accordance with its Privacy Policy.

Vush Pty Ltd will review the Application and determine, in Vush Pty Ltd's sole discretion, whether to accept the Application. Vush Pty Ltd shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the Vush Pty Ltd Website at any time for any reason. Upon acceptance of your Application by Vush Pty Ltd, you may select your user ID and password (collectively "Password") for access to and use of the applicable portion of the Vush Pty Ltd Websites.

Changing of User Ids/Passwords

Vush Pty Ltd reserves the right to require you to periodically change your password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else's Password. You agree to notify Vush Pty Ltd immediately about any unauthorised use of your Password or any breach of security. You further agree that Vush Pty Ltd shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Vush Pty Ltd.

Charges and Payment

In certain instances, as part of Vush Pty Ltd's acceptance of your Application, Vush Pty Ltd may charge a user, subscription or other fee. In those instances where a fee may be charged, Vush Pty Ltd will notify you of the fee prior to your submission of your Application, and your submission of your Application will serve as your authorisation for Vush Pty Ltd to charge your credit card automatically for the fee. In some cases, the fee may be a recurring fee, and your submission of your Application authorises Vush Pty Ltd to charge your credit card on such recurring basis for the applicable fees. If Vush Pty Ltd does not receive payment from the card issuer, you agree to pay Vush Pty Ltd all amounts due upon demand. Vush Pty Ltd may take commercially reasonable actions to verify your credit card. You agree to pay all reasonable attorneys' and collection fees arising from Vush Pty Ltd efforts to collect any past due amounts from you to the extent allowed by 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION & MINORS

Your submission of personal information through the store is governed by our Privacy Policy. To view ourPrivacy Policy. 

The Site is not intended for individuals under the age of 16. All users accessingVush Wellnessmust be over the age of 16 years old. All people subscribing to our mailing list, social media platforms must be over the age of 16 to interact, follow, like, subscribe and purchase off our website.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Vush Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD VUSH PTY LTD AND ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, PARTNERS, SHARE HOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THEN TOTAL BEAUTY NETWORK PTY LTD WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

Vush Pty Ltd shall have the right to terminate your access to, and use of the Vush Pty Ltd Website immediately, if, in its sole discretion, Vush Pty Ltd believes that your conduct fails to conform with this Agreement. Vush Pty Ltd also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or e-mails you make or send to the Vush Pty Ltd Websites.

Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the Vush Pty Ltd Websites; and (b) as applicable, pay any amounts owed to Vush Pty Ltd in full within thirty (30) days from the date of such termination.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

Applicable Laws of Victoria, Australia Apply

This Agreement shall be governed by and construed under the laws of the State of Victoria, in Australia, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE TOTAL BEAUTY NETWORK PTY LTD WEBSITE OR THE USE OR ACCESS THEREOF SHALL BE IN THE AUSTRALIA FEDERAL COURTS.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - DISCOUNTS &COUPON CODES

Unless otherwise specified, Coupon Codes and Discounts are limited to one use per customer for limited times only, and may not be used in conjunction with any other offer.Some discount codes may incur minimum spend thresholds and/or restricted eligibility on particular products. Discounts may be edited or discontinued by the seller at any time.

 SECTION 21 - GIFT WITH PURCHASE

Any free gift with purchase offered by VUSH Pty Ltd is provided in limited quantities and is subject to availability. Gifts with purchase ARE NOT exchangeable or redeemable for cash or compensation. 

SECTION 22 - COPYRIGHT AND INTELLECTUAL PROPERTY

The Vush Pty Ltd Websites and its contents are intended solely for personal, non-commercial use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Vush Pty Ltd Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Vush Pty Ltd or by third parties who have licensed their materials to Vush Pty Ltd and are protected by Australia and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on the Vush Pty Ltd Website is the exclusive property of Vush Pty Ltd and is protected by Australia and international copyright laws. Except as solely provided in the next sentence, no material from the Vush Pty Ltd Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (m) use or access the Vush Pty Ltd Websites for any purpose that is unlawful or prohibited by this Agreement; (n) use or access the Vush Pty Ltd Websites in a manner that could damage, disable, overburden, or impair any Company server or the networks connected to any Company server; (o) interfere with any third party's use and enjoyment of the Vush Pty Ltd Websites; or (p) attempt to gain unauthorised access to accounts, computer systems or networks connected to any Company server through hacking, password mining or any other means.

You may NOT copy ANY material from this web site

Unless authorised in writing you must not copy, paste, or otherwise use material on this web site. You may print copies but only for personal non-commercial use. You may not store or retrieve any material on this web site

SECTION 23 - DISCLAIMER

THE VUSH PTY LTD WEBSITES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. VUSH PTY LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE VUSH PTY LTD WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. VUSH PTY LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. VUSH PTY LTD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY VUSH PTY LTD WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE VUSH PTY LTD WEBSITE OR THE SERVER THAT MAKES THE VUSH PTY LTD WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. VUSH PTY LTD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE VUSH PTY LTD WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE VUSH PTY LTD WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@vushwellness.com.