Terms & Conditions
Acceptance of Terms
The Cougar Cosmetics website, www.cougarcosmetics.com.au, (the Site) is owned and operated by Cougar Cosmetics Pty Ltd. Australian Business Number 53 151 093 337. The services available to you on the Site are subject to the following Terms and Conditions. All information contained in this section of the Site is deemed to be included in “The Terms & Conditions”.
We have made every attempt to provide accurate descriptions of our products and information on the Site. The content of the site is general information intended to be used for personal education or informational purposes only and does not constitute advice and should not be relied upon in making or refraining from making any decisions. The general nature of the information is not intended to replace professional advice for individual or specific conditions.
Cougar Cosmetics makes no representation or warranty in relation to the reliability, content or accuracy of the information or material of the Site.
By using the site you are fully accepting of the terms, conditions and disclaimers contained in this document and acknowledge and agree that you have read and understood this document.
Changes to “The Site”
Copyright, Trademarks and Intellectual Property
All copyright, trademarks and intellectual property rights, owned or licensed to Cougar Cosmetics Pty Ltd, contained in the Site, including but not limited to, all content including logos, graphics, text, the Site design etc shall remain the property of Cougar Cosmetics Pty Ltd for their exclusive use.
Your use of the Site does not constitute granting you permission to reproduce, copy, duplicate, modify or otherwise exploit any portion of the Site in whole or in part for any purpose whatsoever, without the express written consent of the Director of Cougar Cosmetics Pty Ltd.
Links to Third Party Websites
Any links to third party websites controlled and owned by other parties are not the responsibility of Cougar Cosmetics Pty Ltd. We are not responsible for their content, availability or any of their privacy practices. Any linked websites are provided for your convenience only. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or materials. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Cougar Cosmetics Pty Ltd will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Your Obligations and Responsibilities
You agree that you will only use the Site for lawful purposes and shall comply with these Terms & Conditions.
You affirm that you are at least 18 years of age and fully able and competent to abide and comply with these Terms and Conditions.
You affirm that the information you provide on the website is correct, complete and current and you have not misrepresented your identity and that the credit card in use is also current and is your own personal credit card.
You affirm that the information you provide on the Site is free from any programming bugs or computer viruses, faults or errors.
You agree to always act in accordance with the law, custom and in good faith.
You accept responsibility to assess the accuracy, reliability and suitability of information on the Site, or any use of the information and any action taken in reliance on such information or inability to use such information on the Site. Cougar Cosmetics Pty Ltd is not liable for any loss or damage caused from accessing the Site or using information from the Site.
You may not change, interfere, disrupt the proper working of the Site or alter the appearance or content of the Site. Nor shall you attempt to gain unauthorised access to the Site with the intention to access or attempt to access personal data about other users, including e-mail addresses.
You may not use any robots, spiders, crawlers or similar data gathering and extraction tools on the Site. You agree to indemnify Cougar Cosmetics for any losses, damages or costs including lawyer’s fees resulting from any action you take that impose an unreasonable burden or load on our infrastructure as a result of the use of such tools.
Any unlawful acts will render you liable for all losses and damages that this may cause to Cougar Cosmetics Pty Ltd.
By placing an order with Cougar Cosmetics you agree that all items purchased are for personal or professional makeup artistry use and are not to be re-sold. Any attempts to re-sell products will be a violation of our terms and conditions.
You agree to only use the products for their intended use or purpose. If you should use the products for another purpose, you assume full liability and responsibility for any loss or damage arising out of this use. All products should be used strictly in accordance with their instructions, precautions and guidelines. Each product on the Site and on their packaging contains a full list of ingredients and you should always check the ingredients list to avoid any potential allergic reactions. Should you react adversely to any product, cease use immediately and if necessary seek medical advice.
Cougar Cosmetics Pty Ltd reserves the right to suspend any customer account that we suspect is involved in the unlawful use of the site or products.
We have made every effort to ensure the colours on screen are as close as possible to the actual product colours. Unfortunately, we cannot guarantee an exact colour match. Photographs and swatch colours will vary depending on your screen settings and resolution.
Product Prices and Availability
All prices indicated on the Site are shown in Australian Dollars (AUD), are inclusive of GST and are exclusive of delivery charges. The total cost of the order is the price of the goods, including GST and the charges for the delivery method of your choice. At this present time we do not delivery anywhere outside Australia. We reserve the right to alter prices and delivery terms and conditions at any time. At the time of purchasing your product, you will be advised as to the availability of stock.
This site is created and controlled by Cougar Cosmetics Pty Ltd in the State of Queensland, Australia. The laws of the Commonwealth of Australia and, where applicable, the State of Queensland, govern these Terms and Conditions. All users of the Site irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.
Cougar Cosmetics Pty Ltd will not be liable for any damages of any kind arising out of or in connection with the use of the Site. You agree to indemnify Cougar Cosmetic Pty Ltd and its employees against all liabilities, legal fees, damages, losses, costs and other expenses you or others may suffer in relation to any claims or actions against Cougar Cosmetics Pty Ltd arising out of your use of the Site and any breach by you of these Terms and Conditions and your violation of any applicable law.
Cougar Cosmetics make no representations or warranties of any kind, express or implied as to the operation of the Site or the information, content, materials or products included on the Site, except as otherwise provided under applicable laws.
Limitation of Liability
Any information you use provided to you on the Site or any other linked site is provided at your own risk. The website is provided on an “AS IS” and “AS AVAILABLE” basis without any representative or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Except for liability under the Trade Practices Act 1974 (Commonwealth) and certain legislation which may imply warranties or conditions or impose obligations upon Cougar Cosmetics Pty Ltd which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent.
You agree that, to the fullest extent permitted by applicable law, Cougar Cosmetics will not be responsible or liable under any circumstances for access delays or access interruptions to the site, loss or damages of any kind including direct, indirect, consequential or special damages, lost profits, lost data or loss of management time incurred as a result of dealings with the Site or the presence of off website links on the Site, computer viruses, system failures or malfunctions which may arise out of or result from reliance on or use of the Site whether or not caused by any negligent act or omission.
To the extent that Cougar Cosmetics Pty Ltd is able to limit the remedies available, our liability is limited at our option in the case of goods to: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repairs of the goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; (iv) the payment of having the goods repaired. In the case of services: (i) resupply of the services; or (ii) the payment of the cost of having the services resupplied.
If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, the validity and enforceability of any remaining provisions shall not be affected.