We encourage you to read these Terms and Conditions, and contact us if you have any particular questions in relation to browsing and shopping online with us. By accessing or using the website, you are acknowledging that you read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
This website is created and controlled by us in the State of Victoria, Australia. As such, the laws of the Commonwealth of Australia and, and where applicable, the State of Victoria, will govern these Terms and Conditions. By using this website, you submit to the jurisdiction of the courts of Victoria and Australia and agree that any legal action will only be commenced in these forums. The website is available only to people who can form legally binding contracts under applicable law.
We may from time to time, modify these Terms and Conditions, other policies, or the content of the website, without notice. Any changes are effective immediately upon posting to the website. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. You should read the Terms and Conditions before placing an order online and check back often. If you do not agree to any changes, then you must immediately stop using the website. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law. We do not promise to continue to offer or maintain the website online. Accordingly we may, with or without prior notice, terminate any or all of the rights granted by these Terms and Conditions.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products and services on the website, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information or other content available on or via the website are accurate, complete, reliable, current, available or error-free.
In order to make purchases through this website, you will be requested to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details, you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the "Billing Information" provided.
The website is available only to individuals who meet the KANVAS BEAUTY terms of eligibility. Individuals must have been issued a valid credit card by a bank acceptable to KANVAS BEAUTY, applications must be acceptable to KANVAS BEAUTY and have authorised KANVAS BEAUTY to process a charge or charges on their credit card in the amount of the total purchase price for the goods or services.
If you register on the website, you will have an email address/username and password for your Kanvas Beauty account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the website on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm or loss caused by any wrongful use of the website or content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
Guest checkout purchases will not contribute to your 'Kanvas Kult Member Level' and cannot be retroactively amended. If you would like your purchase recorded, please create an online account or sign in to your existing account.
Prices shown on the website are in Australian Dollars (AUD) and are inclusive of GST. Prices are subject to change effective immediately upon posting to the website or other form of notification.
ACCEPTANCE OF YOUR ORDER OR BOOKING
Items are not reserved in your cart until order is submitted and finalised. Once you have made your choice and your order or booking has been placed, you will receive an email acknowledging the details of your order or booking. This email is NOT an acceptance of your order or booking, just a confirmation that we have received it.
Unless you cancel your order or booking, acceptance of your order or booking, and completion of the contract between you and Kanvas Beauty will be completed when we (or our authorised agents) e-mail you to confirm the goods have been dispatched and have been handed over to our carrier, or when we commence providing you the services under the service booking. Completion of orders is subject to availability of the goods and/or services. The contract for the supply of goods or provision of services (as the context permits) is concluded in Victoria, Australia.
We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, that the item ordered is out of stock, the services are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, within the Terms and Conditions. Further, we reserve the right to refuse to provide you the services and retain your full prepayment amount in the event that you are more than 20 minutes late to a service order booking.
Kanvas Beauty reserves the right to refuse to process or refuse service to anyone at any time at our sole discretion. Kanvas Beauty reserves the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or postal address.
Shipping of orders will be governed by our Shipping Policy.
By placing an order or making a booking with Kanvas Beauty, you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose, you will assume full responsibility for any loss or damage arising out of this use.
INTELLECTUAL PROPERTY RIGHTS
The website and its "look and feel", all of its information, graphics, headers, button icons, photographs, content, image rights, sounds, music, video, audio or text on this website, and all intellectual property rights contained in each of the foregoing, including, without limitation, trade marks, designs, graphics, logos, button icons, data compilations and software, and the compilation and organisation thereof (collectively the "content"), are owned by, and is the property of, Kanvas Beauty, or in some cases, our affiliates, partners, licensors. These intellectual property rights are protected by Australian and international laws, including laws governing copyright and trade marks.
Your use of the content grants no rights to you in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the content or any portion of the website. This includes, without limitation, Kanvas Beauty Software and all HTML and other code contained in this website.
You are permitted to use the content only as expressly authorised by Kanvas Beauty, its third party licensors and subject to the Copyright Act 1968 (Cth) and other related legislation. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting, of the above listed content, in whole or in part, for any purpose without our express consent is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing content for your own personal use.
Kanvas Beauty makes no recommendations as to the use of any information or content on this website, which may infringe the intellectual property rights of itself or any third parties. Kanvas Beauty makes no representations or warranties that use of the information or content on this website will not infringe such intellectual property rights.
REPRESENTATIONS AND WARRANTIES
The advice and information contained within the website is of a general nature and is not intended to constitute or replace professional advice for website or specific conditions. While every effort is taken to ensure that the information contained within the Site is accurate, Kanvas Beauty takes no responsibility for any loss or damage arising from its use.
Kanvas Beauty does not promise that the website and content is error-free. Kanvas Beauty does not promise that the functional aspects of the website and content will be error free or that this website, content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The website is presented "as is" and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fit for a particular purpose, except to the extent such representations and warranties are not able to be excluded at law.
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, relate to:
your breach or non-observance of any term of these Terms and Conditions;
any breach or inaccuracy in any of your representations or warranties; or
your use of the website.
NO COMMERCIAL USE
This website (and any goods or services purchased on or via the website) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, products or services contained within, on or via this website. You may not use this website (and any goods or services purchased on or via the website), or any of its content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.
USE OF INFORMATION
If you upload or otherwise provide any information or content ("User Content") in the course of accessing or using the website, you agree that such User Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any User Content which:
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
- infringes the intellectual or other proprietary interests of third parties;
- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
- violates any law, statute or regulation;
- forges information to disguise the origin of any User Content; or
- encourages or incites any other person to engage in any of the above behaviour.
You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), in all media now known or not currently known. You also waive any moral rights or similar rights you may have or may acquire in the future in that User Content in our favour.
THIRD PARTY SITES
We may include hyperlinks on this website to other websites or resources operated by parties other than Kanvas Beauty for convenience only. Kanvas Beauty is not responsible for the content or accuracy of any off-site pages linked to or from the website, nor are we responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. You should make your own reasonable enquires regarding the content of these sites. Your linking to or from these websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Kanvas Beauty.
BREACH AND TERMINATION
If, in our reasonable opinion, you breach any provision of these Terms and Conditions we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the website. In any event, we may terminate these Terms and Conditions (and your right to use the website) at any time and for any reason without prior notice to you.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
THE KULT TERMS & CONDITIONS
KANVAS BEAUTY's Loyalty Program is known as the KULT (also referred to as KANVAS KULT). The KULT is governed by the terms here.
All terms of an offer must be met. Offers are limited to while stocks last. Offers are valid only for the period specified and will end at 11.59am AEST on the end date, unless stated otherwise in the offer terms. We reserve the right to vary, withdraw or cancel promotional offers for any reason at any time.
Sale of items during Kanvas Beauty pre-sale will be limited to a max order quantity per customer, per order. This max order quantity can be determined by Kanvas Beauty at any time. Please note offer periods are subject to product availability and will terminate early once sold out.
If you have any questions regarding these Terms and Conditions, please Contact Us.