Terms of Use
These Terms of Use, together with our Privacy Policy (http://www.nikthakorlal.com/privacy-policy/) and any additional terms, conditions, notices and disclaimers (“Terms”) displayed elsewhere on www.nikthakorlal.com (“the Website”) govern your use of and access to the Website.
Please read the Terms carefully and, if you do not accept the Terms, do not use the Website. Your use of the Website constitutes your acceptance of the Terms.
“Us”, “we”, “our” or “Beautilogy” means nikthakorlal.com
We may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Website. Your continued use of the Website will constitute your acceptance of any changes. If you object to any changes to the Terms, you should immediately discontinue your use of the Website.
These Terms were last updated on 6th June 2013.
The Website
While we use reasonable endeavours to ensure that the Website is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or bugs. Your access to the Website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
We reserve the right to change or discontinue any feature or service (or part thereof) on the Website at any time.
Registration
To access or use certain parts of the Website and/or to receive materials from us, you must register on the Website. Registration is free.
You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms (“Registration Information”) and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. We reserve the right to vigorously pursue legal action against all persons who misrepresent personal information in any transactions or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information.
You are responsible for maintaining the confidentiality of your password. You agree that you will be fully responsible for all activities that occur utilising your password, and that we have no duty to inquire as to the authority or propriety of instructions provided via your password, or to otherwise verify the identity of anyone using your password. You agree that we shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your password.
Our collection, use and management of the personal information you provide to us when you register on the Website is governed by our Privacy Policy (http://www.nikthakorlal.com/privacy-policy/).
We reserve the right, in our sole discretion, to suspend or terminate your registration or access to all or any part of the Website, including if we believe you are abusing the services provided on the Website in any way or have breached the Terms.
Content
We may present information and content, including but not limited to, articles, opinions, text, statistics, data, product information, commentary, advertisements, graphics, photographs, reviews, video and audio files, programs and code, (collectively, “Content”), that we own or are licensed to use. The services on the Website may also include materials, applications and information owned by third parties and made available through the Website by virtue of a licence, grant or some other form of agreement between the third party and us.
The Content on the Website is provided for your information only. The Content is not provided or intended to be, and you should not treat or rely on it, as advice.
We may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability.
We are not responsible for inaccurate information provided through the Website and make no representations as to the accuracy, currency, or completeness of Content, including without limitation the availability or effectiveness of any product. We do not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Website.
Tampering with this Website, misrepresenting your identity or conducting fraudulent activities on the Website are prohibited.
Intellectual Property
The material contained on our Website is protected by copyright. You may use the Website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the Website, or create any other material using material on the Website, without obtaining our prior written consent.
Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining our prior written consent.
The Website, products, technology and processes contained in this Website may be the subject of other intellectual property rights owned by Blitz Brands or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this Website must not in any way infringe the intellectual property rights of any person.
Contests and Competitions
By participating in any contest, promotion or competition organised or sponsored by nikthakorlal.com (each, a “Contest”), you agree to release and hold harmless nikthakorlal.com from all liability for loss, harm, damage, injury, cost and expense whatsoever which may occur in connection with, participating in any Contest, preparing any Contest entry, accepting any prize in connection therewith, and for any claims based on publicity rights, defamation or invasion of privacy related thereto.
We reserve the right, in our sole discretion and without notice, to cancel, terminate, modify, extend or suspend any Contest for any reason. By participating in a Contest, you agree to the collection and use of your personal information by nikthakorlal.com and its affiliates and acknowledge that you have read and accepted our Privacy Policy at http://www.nikthakorlal.com/privacy-policy/.
Third party websites, advertising and activities
We may feature or display links and pointers on the Website to websites operated by third parties. Links to third party websites are provided in accordance with the terms of our Privacy Policy (http://www.nikthakorlal.com/privacy-policy/).
The Website may also feature or display third party advertising. Where we have displayed or featured third party advertising, we do not represent in any way that we recommend or endorse the third party advertiser or their products or services.
From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk.
Limitation of liability
You use the Website at your own risk.
To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Website that are not expressly set out in the Terms. In particular, subject to any right that you might have under consumer protection laws, we will not be liable:
a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential or economic loss) however caused and which is suffered directly or indirectly in connection with the use of the Website;
b) for disruptions to the Website; or
c) to you or anyone else if damage to or interference with your computer systems occurs in connection with use of this Website or an external site. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
To the extent that our liability for any breach of any warranty or guarantee cannot be excluded by law, our liability will be limited, at our option to:
a) the resupply of goods or services supplied or offered by us; or
b) the payment of the cost of having those goods or services resupplied.
Indemnity
To the extent permitted by law, you agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Website, including any breach by you of the Terms.
Severability
If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of the provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.
No waiver
No waiver of any Term will be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.
Applicable law
Your use of this Website is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this Website are subject exclusively to the jurisdiction of the courts of New South Wales, Australia.
This Website may be accessed throughout Australia and overseas. We make no representations that the content of this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.