Terms Of Service
This Web Site is owned and operated by The Heat Group Pty Ltd (ABN 58 092 941 430) 11 Dalmore Drive, Scoresby, Victoria, 3179.
Application & Acceptance
Any use of this Web Site is subject to and governed by these Terms and Conditions.
By accessing and using this Web Site, you acknowledge your acceptance of these Terms and Conditions and our Privacy Policy. The Privacy Policy sets out the information which The Heat Group will gather about you through your use of the Site and the way in which we will use it. You must read the terms of our Privacy Policy before using the Site.
We may display Additional Rules on this Web Site. To the extent that any Additional Rules apply to your use of this Web Site, you will be bound by and must comply with those rules.
We reserve the right to amend these Terms and Conditions without notice at any time.
You use this Web Site and any material displayed on it at your own risk.
By accessing, browsing or using the Site, you agree to these terms and conditions as amended from time to time and acknowledge and agree that you have read and understood this document. By downloading any material on the Site you expressly agree to be bound by this document
If you do not accept the terms and conditions contained in this document and the Privacy Policy, then you must not use the Site.
Information
All information you provide to us must be true, accurate and complete.
We will endeavour to ensure that the information we include on this Web Site is accurate, but we do not guarantee, represent or warrant the accuracy or completeness of that information. The articles, comments and other information displayed on this Web Site are provided for your interest only and are not intended to and do not represent any advice or recommendation by us.
Copyright
The copyright in all information, graphics, designs, programs and content appearing on and incorporated into this Web Site is owned by or licensed to us. You must not use, copy, alter or distribute any of that material other than for your personal use of this Web Site in accordance with these Terms and Conditions.
For your convenience, we may provide links to other web sites from this Web Site. We do not endorse and will not be responsible for any information, content or services provided or advertised on those linked sites.
We own the "Heat" trade mark. You must not use, display or copy that trade mark without our consent.
We may use and display on the Web Site any comments you submit to us and any stories submitted via any of the Web Site, but we will not be obliged to do so.
Access to Web Site
We do not warrant or represent that you will be able to access the Web Site at all times, or that your access to the Web Site will be free from interruptions or defects.
We are not responsible for any failure in or disruption to any links to other sites from the Web Site.
Disclaimer
We will not be liable for any Loss suffered or incurred by you or any other person as a result of the use of or access to this Web Site, or any errors or defects contained in or associated with this Web Site or its operation.
We do not give any express warranties in relation to:
- the accuracy or completeness of any information displayed on or accessible from the Site; or
- the quality, standard, merchantability or availability of the goods and services advertised on or accessible from this Web Site.
To the extent permitted by law, we exclude all implied warranties and conditions. In respect of any warranties or conditions that cannot be excluded, our liability will be limited, at our election:
- to goods supplied by us, to:
- to the replacement of the goods or supply of similar goods;
- to the repair of the goods;
- to the payment of the cost of replacing the goods or having those goods repaired;
- to and for services supplied by us, to:
- the resupply of the services; or
- to the payment of the cost of resupplying the services
Orders & Deliveries
We will endeavour to process any orders for products or services via the Web Site as soon as practicable.
Bank Fees
Where you are using a credit/debit card to pay for your online purchase, The Heat Group Pty. Ltd. disclaims any responsibility for any excess transaction fees on your credit/debit cards from pre-authorization, billing transaction and other transactions. You should contact your financial institution and ascertain if there are any charges in respect to using your credit/debit card online.
Liability & Obligations
Nothing in this site, including these General Terms and Conditions, is to be construed as an offer to enter into a contract with The Heat Group Pty. Ltd. in relation to the provision of any goods and/or services. This Web Site and the goods and services displayed within it are an invitation to treat only. Publishing information about a product on this site does not ensure its availability. All products advertised are subject to availability. All price information is subject to change without notice. The Heat Group Pty. Ltd. is not liable to you or to any other party if incorrect information appears on this site or if that information is not up to date.
Any time frames stated on the Web Site for delivery of any goods, services or information are estimates only and we do not guarantee or promise delivery within the stated time frames.
Contacting Us
We will endeavour to respond to e-mail correspondence forwarded to us, however we will be under no obligation to do so.
General
These terms and conditions are governed by the laws of Victoria, Australia and you hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.
On This Web Site
- Additional Rules means any additional rules or guidelines that we determine to apply to particular events or aspects of this Web Site, such as competitions or special promotions; Loss means any loss, damage, cost, claim or expense;
- Terms and Conditions means these terms and conditions of use (as varied by us from time to time) and includes any Additional Rules;
- We and us means The Heat Group Pty Ltd (ABN 58 092 941 430) of 11 Dalmore Drive, Scoresby, VIC, 3179 Australia;
- Web Site means the whole or any part of this web site located at www.ulta3.com.au
Amendments
The Heat Group may amend this document, including the Privacy Policy, at any time. If we amend this document, including the Privacy Policy, we will inform you of the amendments by posting the amendments on the Site and/or by sending you an e-mail message. Your continued use of the Site after this time constitutes an agreement by you to abide by and be bound by this document, including the Privacy Policy, as so amended. This document may not be otherwise amended.
General Compliance With Laws
You agree that you will only use the Site for lawful purposes.
You must comply with all laws, statutes, ordinances and regulations which apply to you in relation to your use of the Site.
Restrictions On Use
When accessing or using the Site you must not:
- Use any device, software or routine to interfere or attempt to interfere with or disrupt the proper working of the Site, servers or networks connected to the Site, any information or material on the Site or any activity conducted via the Site;
- Take any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure; attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means; or
- Access or attempt to access personal data about other users, including e-mail addresses.
Your Personal Information
While using the Site you may be given the opportunity to send e-mails to The Heat Group or enter or provide information or material ('Content'). Any and all Content provided by you in connection with your use of the Site must be true and accurate. You must not misrepresent your identity or affiliation with any person or entity. You acknowledge that The Heat Group may monitor the Site and take any action with respect to your Content as deemed reasonably necessary by The Heat Group.
You agree that you will not provide personal information about another person to The Heat Group unless:
- that other person is made aware of your provision of their personal information to The Heat Group; and
- that other person authorises you to provide their personal information to The Heat Group.
Acknowledgment Of Risk
The world wide web exists across open public networks that may not be secure or private. You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
Intellectual Property
All intellectual property in the Site, including its text, images, graphics, trade marks (whether registered or not), advertisements, arrangement and software on the Site (including where included in advertisements) is owned by The Heat Group unless indicated otherwise.
The content of the Site may be viewed online by you and may be reproduced in hard copy only for your own personal, non-commercial and non-public use. You must not modify, copy, reproduce, republish, frame, distribute or otherwise communicate any text, images or software other than as expressly provided in these terms and conditions or by the Copyright Act 1968 (Commonwealth).
General
The provisions of this document are severable and if any provision of this document is held to be illegal, invalid or unenforceable, that provision or part is to be treated as removed from this document, but the rest of this document is not affected.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
The Heat Group’s failure to act with respect to a breach of this document by you or by others does not waive its right to act with respect to subsequent or similar breaches.
This document may not be construed adversely to The Heat Group solely because The Heat Group prepared it.
This document, including the Privacy Policy, comprises the entire agreement between The Heat Group and you (unless agreed to otherwise). To the extent of any inconsistency between this document and the Privacy Policy, this document takes precedence, unless otherwise agreed.
If you do not accept these Terms and Conditions then you must not use the Site.