Terms of service
Important info we think you should know!
These Website and Trading T&Cs are important and binding, and you should read them fully. But there are some specific terms we wanted to make sure you are aware of. These are set out below.
Content you submit to Ultra Violette or our Sites (see clause 21 of the Website and Trading T&Cs)
If you submit information, content or materials (such as customer reviews of our goods or services) (User Generated Content) to Ultra Violette or our Sites, we may use your User Generated Content for our business purposes, such as displaying your User Generated Content in our marketing materials or on our Sites or social media pages. We may also share your User Generated Content with other Ultra Violette entities.
Reliance on Site Content (see clause 19.1 of the Website and Trading T&Cs)
Ultra Violette makes the content of the Sites available for general information only. The information on our Sites is not a substitute for appropriate medical advice from a medical professional. You should speak to your doctor of medical professional for personalised professional advice, including where you are not sure what Goods or Services are suitable for your skin type.
Our limitation of liability (see clause 26 of the Website and Trading T&Cs)
To the extent permitted by applicable law and subject always to the Non-Excludable Rights, we will not be liable to you in any way for any cause in connection with your use of the Sites or the Services and our liability to you will be limited as set out in clause 26 of these Website and Trading T&Cs.
Privacy and security - disclosure of personal information to third parties (see clause 20 of the Website and Trading T&Cs)
The collection, use, disclosure and handling of personal information is separately governed by our Privacy Policy together with other terms such as any privacy collection statements. These explain how we may share your personal information with other members of Ultra Violette, delivery service providers, suppliers and other entities we do business with, as required.
1. Terms & Conditions
1. Introduction
1.1 Grace & Fire Pty Ltd (ACN 637 431 077) and Grace & Fire IP Pty Ltd (ACN 618 536 328) (as trustee for Grace & Fire IP Unit Trust) (together, “Ultra Violette Australia”) and Grace & Fire London Limited (Company no. 13459683) (“Ultra Violette UK”), trading as “Ultra Violette” and its subsidiaries and affiliates in Australia, the United Kingdom and Canada (collectively referred to as “Ultra Violette”, “we”, “us” or “our”) is a manufacturer and seller of new generation Australian-made sunscreen.
2. Application of these Ultra Violette terms and conditions
2.1 These Ultra Violette terms and conditions consist of the following:
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Reference |
Application |
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Clauses 3 to 30, including any Addenda to these terms and conditions (Website and Trading T&Cs) |
· Your access to and use of our Sites; and · Any ordering of Goods and Services through our Sites (as defined below). |
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Addendum 1 (Loyalty Program T&Cs) including the terms and conditions incorporated by reference in this Addendum. |
· If you are a Member of the Ultra Violette loyalty program, Vi’s VIP Room. |
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Addendum 2 (Shipping Policy) including the terms and conditions incorporated by reference in this Addendum. |
· The shipping process for Orders you place through our Sites. |
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Addendum 3 (Returns, Replacements and Refunds Policy) including the terms and conditions incorporated by reference in this Addendum. |
· The conditions and process for making returns, replacement products and refunds for Goods and Serviced Ordered via one of our Sites. |
3.1 These Website and Trading T&Cs only apply to:
3.1.1 your use of any of the following websites (as applicable based on your location):
(a) ultraviolette.com.au (Australian Site);
(b) ultraviolette.co.uk (UK Site); and
(c) https://ultraviolettespf.com (Canadian Site),
(together, the Sites); and
3.1.2 any of our goods or services provided through the Sites (Goods and Services).
3.2 There are other terms and conditions that may apply to your interactions with Ultra Violette, which will be provided to you for your review. These include any terms and conditions which may apply to a promotion we are running or otherwise making available.
3.3 In addition, if you purchase Ultra Violette goods and services from one of our third party retailers listed on our Stockists Page (Stockist), separate terms and conditions of that Stockist may apply between you and such Stockist for such goods and services (and these Website and Trading T&Cs will not apply to such goods and services). It is your responsibility to make yourself aware of such terms, at the time of purchase. Nothing in this clause 3.3 is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy that you may have against Ultra Violette, as the manufacturer of the products you purchased from a Stockist, under Applicable Consumer Law. Please note that purchases made through a Stockist are not eligible for our Loyalty Program.
3.4 The terms “you” and “your” refer to the person:
3.4.1 accessing or using our Sites; or
3.4.2 ordering our Goods or Services provided through our Sites.
4. Acceptance of Website and Trading T&Cs
4.1 These Website and Trading T&Cs and any Addenda to these Website and Trading T&Cs, and any additional terms and conditions notified to you from time to time, govern your access to and use of the Sites, including any Sites Content (as defined below) and our Goods and Services provided through or in connection with the Sites.
4.2 Our Privacy Policy and any Privacy Collection Notices provided to you, separately set out how we will handle and secure any information you provide us with when you engage with us via our Sites.
4.3 By browsing, accessing or using the Sites or by ordering the Goods or Services provided through the Sites, you acknowledge and warrant that you have read, understood and agree to be bound by these Website and Trading T&Cs and any additional terms and conditions notified to you from time to time. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing or using the Sites or ordering the Goods or Services provided through the Sites.
4.4 These Website and Trading T&Cs form a legally binding agreement between:
4.4.1 Ultra Violette Australia and you, if you use our Australian Site or Canadian Site; or
4.4.2 Ultra Violette UK and you, if you use our UK Site.
If you do not agree to these Website and Trading T&Cs, you must immediately exit and not access or use these Sites, or order our Goods or Services provided through the Sites.
4.5 We may amend these Website and Trading T&Cs at any time (including to comply with applicable laws, comply with a legitimate contractual obligation or for operational reasons when we change our systems and processes) and will take reasonable steps to bring any material changes to your attention such as by posting the amendments on the Sites, or otherwise notifying you of the changes where we are required to provide such notification under applicable laws. As you will be bound by any amendment to these Website and Trading T&Cs, you should review these Website and Trading T&Cs from time to time. By continuing to use the Sites or order our Goods or Services after any amendment to these Website and Trading T&Cs, you will be deemed to have accepted the amended Website and Trading T&Cs. If any change has a detrimental effect on you or you do not agree with the amended Website and Trading T&Cs, you may cease accessing or using the Sites or ordering our Goods or Services via our Sites. Any amendments or changes to these Website and Trading T&Cs will not affect the terms and conditions applicable to any purchase made before the coming into effect of the amendments or changes.
5. Ordering Goods and Services – Step 1 to becoming a future proofer!
5.1 You may order Goods and Services by selecting and submitting your Order through our Sites in accordance with these Website and Trading T&Cs.
5.2 Any Order placed through our Sites for a Good or Service is an offer by you to purchase the particular Good or Service for the price notified (including the delivery and other charges and taxes) at the time you place the Order.
5.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through our Sites.
6. Fees and charges
6.1 You agree to pay the following fees and charges in relation to an Order you place through our Sites:
6.1.1 the purchase price of the Good or Service ordered through our Sites (as applicable to your specific Order) (Purchase Price);
6.1.2 the delivery fee provided to you at the time you selected the relevant delivery service when placing your Order (Delivery Fee); and
6.1.3 any other fees and charges set out in these Website and Trading T&Cs,
(together, the Fees).
6.2 All Fees include GST, VAT and other government-impose sale taxes, where applicable.
6.3 The applicable total Fees are shown on our Sites in the checkout at the time you submit your Order.
6.4 The costs, inputs and factors associated with offering our Goods and Services from different locations mean that the Purchase Price may not be the same or correspond across our Sites for the same Good or Service. For example the Purchase Price for a particular Good on the Australian Site may be less than the corresponding Purchase Price for the same Good on our other Sites.
6.5 We use third party providers to assist with delivering our Goods.
6.6 You acknowledge that the Purchase Prices change from time to time and we do not provide any notice of these changes. Subject to these Website and Trading T&Cs, once your Order has been Dispatched, no changes will be made to the Purchase Price that apply to the Goods or Services in such Order.
6.7 Generally, you will only be able to order a Good or Service through our Sites if that Good or Service is available. In the rare circumstance, that a Good or Service you have ordered is not available and where we have confirmed your Order:
6.7.1 we may contact you to discuss substitute options available to you; and
6.7.2 if a substitute is not available or you do not wish to order an available substitute:
(a) where we only pre-authorised payment for your Order at the checkout, we will deduct the value of any items not provided from the full amount we charge you at the time we fulfil your Order; or
(b) where we have taken payment for your Order at the checkout, we will provide you with a refund within 3-5 business days to your original payment method or alternative means to the value of the Purchase Price and Delivery Fees of the Goods or Services that cannot be supplied (but excluding refund of Delivery Fees where any other Good or Service contained in the Order is still supplied) that were not supplied to you. Where your Order was paid for using a gift card issued by Ultra Violette, additional terms and conditions may apply.
7.1 You must pay the Fees using the online payment methods in clause 7.2.
7.2 We accept the following payment methods (as applicable to the jurisdiction which applies to you):
7.2.1 Visa and Visa Debit;
7.2.2 MasterCard and MasterCard Debit;
7.2.3 American Express;
7.2.4 Google Pay;
7.2.5 PayPal;
7.2.6 Eftpos;
7.2.7 Shop Pay powered by Shopify;
7.2.8 Afterpay;
7.2.9 Apple Pay;
7.2.10 Diners Club;
7.2.11 Discover Pay;
7.2.12 Union Pay;
7.2.13 Maestro;
7.2.14 Interac;
7.2.15 Klarna; and
7.2.16 any gift cards issued by Ultra Violette.
7.3 Not all payment methods may be available in all countries or locations.
7.4 Not all payment methods may be available for all types of deliveries.
7.5 If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of the dishonour and cancel your Order.
7.6 You authorise us to pre-authorise and/or debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.
7.7 You must not pay, or attempt to pay, for Goods or Services through any fraudulent or unlawful means.
7.8 For Orders made through our Sites, we will provide you with an order confirmation for your Order at the time you place your Order which specifies the Goods and Services (and associated Fees) with respect to your Order (although please note that further changes to the Fees may occur prior to Dispatch). If there is any subsequent change to the Fees after your Order has been confirmed, but prior to its Dispatch, then UV will notify you of the change via email.
7.9 If there is an error in the Purchase Price posted on our Sites for a Good or Service you have Ordered, and:
7.9.1 the actual Purchase Price is a higher price; and
7.9.2 we have already confirmed your Order at the lower, advertised Purchase Price,
we will immediately issue you with a corrective notice of the higher Purchase Price via email and on our Sites, in accordance with Applicable Consumer Laws.
7.10 An order confirmation does not signify our acceptance of your Order and simply confirms we have received your Order. Both you and we may cancel the Order in accordance with clause 13.
7.11 You can access your receipt for any Order you place through our Sites via your Account or by contacting us using the details in clause 28.6.3.
8. Acceptance or rejection of an Order
8.1 We reserve the right to accept or reject an Order or part of an Order for any reason up until Dispatch, including if the requested Good or Service is not available, if there is an error in the Purchase Price or the product description posted on the Sites, or an error in your Order.
8.2 We reserve the right, but are not obligated, to limit the sales of our Goods and Services to any person, geographic region or jurisdiction. We may exercise this right in accordance with our Delivery Areas, or on a case-by-case basis.
8.3 You may make an email request to cancel your Order prior to such order being Packed in accordance with clause 13. Please note that if you are a UK Customer you have additional rights of cancellation which are set out at clause 13.2 below.
8.4 Each Order placed through a Sites that we accept results in a separate binding agreement between you and us for the supply of that Good or Service. For each Order accepted by us, we will supply each Good or Service in that Order to you in accordance with these Website and Trading T&Cs.
8.5 If we reject an Order placed through a Sites, then we will endeavour to notify you of that rejection at the time you place that Order or within a reasonable time after you submit that Order (and before Dispatch).
9. Order quantity limits…because we want there to be enough SKINSCREEN™ to go around
9.1 We are not a wholesale provider. Accordingly, you may only Order Goods or Services on our Sites, and in each Order, in quantities reasonable for personal and domestic use and not in quantities for resale to a third party, trade or commercial purposes.
9.2 We may:
9.2.1 contact you within a reasonable time after you submit an Order if we have any concerns regarding the quantity of Goods or Services ordered as part of your Order;
9.2.2 cancel your Order without notice to you if we reasonably believe you are placing multiple Orders for the purposes of circumventing the requirements of this clause 9 (including if you use the same or different contact details); or
9.2.3 reject your offer to purchase Goods or Services in whole or in part at the point of sale if you are attempting to order excessive quantities of Goods or Services or we have reasonable grounds to believe that you are attempting to order Goods or Services for the purpose of resale, trade or commercial use.
10. YAY your order is on its way! – Delivery of Goods
10.1 We will only deliver Goods ordered through our Sites to our Delivery Areas.
10.2 You may receive multiple deliveries for your Order and these will be notified to you via email following placing your Order.
10.3 We use trusted delivery service providers to deliver your Order as set out in Addendum 2 (Shipping).
10.4 You may obtain further information in Addendum 2 (Shipping), including our delivery timeframes and how we deliver your Goods (including in relation to our delivery service providers). Delivery of your Goods by our delivery service providers may be subject to the relevant delivery service provider’s own terms and conditions and privacy policy. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions.
10.5 At the time you select your Goods, you will be given an option to select a delivery method which will include an estimated timeframe for delivery. Although we endeavour to ensure that those Goods are delivered within the timeframe provided at the time of your Order, these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances and, unless stated otherwise and subject always to your rights under applicable laws, we will not provide any refund or discount on your Order or Delivery Fee for late deliveries. However, if you are a UK Customer, we will endeavour to ensure that those Goods are delivered within the timeframe provided at the time of your Order and shall deliver the Goods within 45 days of the date of Dispatch. If we don't deliver within this time and you are a UK Customer, you may stipulate a reasonable further date for delivery. If we don't deliver by that further reasonable date, then you may cancel your Order and we shall refund the Fees for that cancelled Order to you, provided that you shall return any relevant Goods that are delivered to you.
10.6 If you select the “leave unattended” option for your Order or this option is automatically selected for your selected delivery method, our delivery service providers will endeavour to contact you:
10.6.1 via SMS on your nominated telephone number or your nominated email address (as applicable) when our delivery service provider is on the way to your Delivery Address with your order; and
10.6.2 at the Delivery Address or on your nominated telephone number or nominated email address (as applicable) once our delivery service provider arrives at the Delivery Address.
10.7 If our delivery service providers:
10.7.1 cannot contact you when attempting delivery; or
10.7.2 determine there is no one or no appropriate person at the Delivery Address to receive the Order or if our delivery service providers cannot access the Delivery Address or our delivery service providers cannot access your nominated spot or determine a suitable spot to deliver your Order (for unattended deliveries); or
10.7.3 determine that it is unsafe to leave your order unattended (including at your nominated spot at the Delivery Address), our delivery service provider will return your order to Ultra Violette,
then the delivery service provider will take steps which are reasonable in the particular circumstance and in accordance with their terms and conditions with you (if applicable). These steps are generally communicated with you by the delivery service provider at the time so you know what has happened to your delivery and what steps (if any) you need to take next. These may include:
10.7.4 our delivery service provider leaving your order unattended at your nominated spot at the Delivery Address or such other spot which our delivery service provider determines is suitable for delivery at the time; or
10.7.5 our delivery service providers may not deliver the Goods you have Ordered and take the Goods to a safe location such as a local post office, delivery depot or other collection point depending on the delivery service provider to attempt re-delivery or for collection by you; or
10.7.6 our delivery service providers will endeavour to contact you to arrange a for a different delivery time; or
10.7.7 our delivery service provider will return your delivery to us (in which case you will be notified).
10.8 You agree to comply with certain delivery requirements specified below. Certain Goods may only be available to be purchased using certain delivery methods and in certain delivery locations and this will be notified to you through our Sites at the time of placing your Order.
10.9 You acknowledge and agree that any person at the Delivery Address who receives the Order is authorised by you to receive your Order.
11.1.1 Australia, New Zealand, Malaysia, Hong Kong, Philippines, Indonesia, Singapore and Thailand, if the Order is placed through the Australian Site;
11.1.2 UK mainland (England, Northern Ireland, Scotland and Wales), if the Order is placed through the UK Site; and
11.1.3 Canada, if the Order is placed through the Canadian Site,
(Delivery Areas).
11.2 If you do not live in a Delivery Area or you are in a Delivery Area but do not place the Order via the appropriate website, you will not be able to place an Order. Instead please see our Stockists Page for your closest Stockist.
12. Risk and title
12.1 Where Goods are delivered by us (including through our trusted delivery service providers):
12.1.1 risk in the Goods passes to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address); and
12.1.2 title to the Goods passes to you on the later of the date and time of:
(a) payment of those Goods; and
(b) delivery of those Goods to the Delivery Address (including unattended deliveries at the Delivery Address).
13.1 If you place an Order through our Sites, you may request to cancel your Order up until your Order is Packed, by contacting us using the relevant details set out in clause 29. If we are able to action your request to cancel your Order in accordance with this clause 13.1, we will confirm this successful cancellation with you via email. Given Orders are Packed in Australia, if you are located outside of Australia it is unlikely we will be able to action your request for cancellation (because of the time difference, there is minimal time between when you place your Order and when we Pack your Order).
13.2 Please note that if you are a UK Customer, you can also cancel your Order at any time within 14 days from the date the Goods are received. If you do wish to cancel your Order under this clause 13.2 you will need to notify us of this using the contact details at clause 29 below, and you must return the Goods within 14 days of notifying us of the cancellation. Please refer to clause 2 in our Returns, Replacements and Refunds Policy at Addendum 3, which will apply if you cancel under this clause 13.2, for further details.
13.3 If you cancel an Order, depending on the payment method used, we will either not charge you for that Order, or if we have taken payment at checkout, refund the full payment amount paid, including any Delivery Fee and other fees and charges, to your original payment method or through an alternative means.
13.4 We may also cancel any Order or part of an Order (including if you have received an order confirmation) up until Dispatch without any liability to you for that cancellation at any time if:
13.4.1 the requested Goods in that Order are not available; or
13.4.2 there is an error in the price or the product description posted on the Sites in relation to the relevant Good in that Order; or
13.4.3 that Order has been placed in breach of these Website and Trading T&Cs (for example, in breach of the Order quantity limits or personal use requirements set out in clause 9).
13.5 If we cancel an Order or part of an Order, we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any Delivery Fee or other fees and charges, will be refunded to your original payment method or through an alternative means. Where your Order was paid for using a gift card issued by Ultra Violette, additional terms and conditions may apply.
14. Editing your Order
14.1 If you place an Order through our Sites, you may request to edit:
14.1.1 the Goods or Services in your Order; or
14.1.2 the delivery address for your Order,
up until your Order is Packed, by contacting us using the relevant details set out in clause 29. If we are able to action your request to edit your Order in accordance with this clause 14.1, we will confirm this successful edited Order with you via email. Given Orders are Packed in Australia, if you are located outside of Australia it is unlikely we will be able to action your request for editing your Order (because of the time difference, there is minimal time between when you place your Order and when we Pack your Order).
14.2 If your Order is edited in accordance with clause 14.1.2, you understand that a Re-Delivery Fee will apply in accordance with Addendum 2 (Shipping Policy).
15. An item you ordered is missing?...We’ll investigate
15.1 If there are any Goods missing from your delivery or collection, then you may contact us within 72 hours after the delivery or collection time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, we will either (in consultation with you):
15.1.1 provide you with replacement Good(s) to replace the identified missing Good(s); or
15.1.2 provide you with a refund to your relevant card account within 3-5 business days for the Goods that were charged but not delivered to you.
16. Returns, Replacements and Refunds
16.1 The Ultra Violette Returns, Replacements and Refunds Policy (Addendum 3) applies to all Orders of Goods using the Sites and forms part of these Website and Trading T&Cs.
16.2 The Ultra Violette Returns, Replacements and Refunds Policy applies in addition to your Non-Excludable Rights (as defined in clause 26.1) and nothing in the Ultra Violette Returns, Replacements and Refunds Policy is intended to restrict, modify or exclude your Non-Excludable Rights.
17. Promotions – because we want everyone to try Vi!
17.1 From time to time we may run promotions (Promotions) on our Sites or in relation to our Goods or Services which are subject to both these Website and Trading T&Cs and any additional promotion-specific terms which cover the terms and conditions for the Promotion such as:
17.1.1 conditions of entry;
17.1.2 eligibility criteria;
17.1.3 eligibility period; and
17.1.4 other relevant terms and conditions for the specific Promotions,
(Promotional Terms).
17.2 These Promotional Terms can be found on the relevant pages on our Sites and are in addition to these Website and Trading T&Cs.
17.3 In the event of any conflict or inconsistency between these Website and Trading T&Cs and any Promotional Terms, the provisions of the Promotional Terms relevant to a Promotion shall prevail to the extent of such conflict or inconsistency with respect to such Promotion, and the terms of these Website and Trading T&Cs are to be read down or if necessary severed to the extent necessary to resolve the conflict or inconsistency.
17.4 Any Promotions will only apply within the promotion period specified in the Promotional Terms and only while stock lasts. Subject to applicable laws and your Non-Excludable Rights, we reserve the right to amend, end or extend any Promotion.
17.5 Promotions cannot be applied to past purchases.
17.6 Promotions cannot be used in conjunction with other offers, unless otherwise specified.
17.7 You should ensure that you read the applicable Promotional Terms which apply to the specific Promotion before entering the relevant Promotion. By proceeding to enter the Promotion you agree and accept the appliable Promotional Terms.
18. Lift the velvet rope! – How to create an Account
18.1 When you purchase Goods and Services via our Sites, you may create a user account by registering via the relevant link on the registration page on our Sites (Account). To register your Account, you must provide Ultra Violette with certain true and correct information about yourself as requested by the registration page.
18.2 Signing up to our Vi’s VIP Room (Loyalty Program) via our Sites is voluntary and you can do this by creating an Account, or by signing up using the other methods set out in clause 2 of the Loyalty Program T&Cs at Addendum 1. If you do not wish to become a member of our Loyalty Program and you wish to purchase Goods or Services via our Sites, please check-out without creating an Account.
18.3 If you create an Account, you must promptly notify and/or update your profile if any of your personal information is erroneous or changes from time to time.
Site Content and General information on Goods is not a substitute for medical advice
19.1 Subject always to applicable laws and your Non-Excludable Rights you acknowledge and understand:
19.1.1 that the Site Content is intended to provide general information for the self-management of your skin. The Site Content does not provide (and Ultra Violette is not qualified to provide) medical advice, nor is the Site Content intended to be used for the diagnosis, monitoring, treatment or the alleviation of skin conditions. If you are concerned about a specific skin condition, or are seeking medical advice, please consult your medical professional, including where you are not sure what Goods or Services are suitable for your skin type. If you are in a medical emergency or need urgent medical attention, call 000 (if you are in Australia), 999 (if you are in the UK) or 911 (if you are in Canada);
19.1.2 that the Site Content is intended to provide general information only. It is not in the nature of advice. While every effort is taken to ensure the information is accurate at the time it is published on the Site, we do not represent or warrant that this information is correct, current, complete, reliable or suitable for any purpose and it must not be relied on by you or any other person as a substitute for appropriate advice tailored to your specific circumstances (such as from your doctor);
19.1.3 the information on our Sites is provided on the basis that all persons accessing our Sites undertake responsibility for:
(a) assessing the relevance and accuracy of its content (for example, with respect to the colours and images of our Goods as they appear on our Sites, as we have no control over the colour displayed by your device); and
(b) if necessary, seeking appropriate professional advice (including, where applicable, from a registered health practitioner) to assist them to understand and assess the Site Content; and
19.1.4 you should always check to see if the Goods you are ordering are suitable for your skin and your individual circumstances, and check the labels and ingredients on any Goods prior to use. A list of ingredients contained in our sunscreen Goods are available on our Sites.
Ordering and use of your Account
19.2 Subject always to applicable laws and your Non-Excludable Rights you acknowledge and understand that:
19.2.1 you are responsible and liable for any person that uses your Account to order Goods or Services through the Sites; and
19.2.2 we may charge you for all Goods or Services that we agree to supply to you that have been ordered using your Account through the Sites.
20. Privacy and security, because sun safety isn’t all we care about
20.1 If you create an Account, sign-up to receive emails and/or newsletters regarding our Goods and Services, fill in a ‘contact us’ form, use the live chat function or submit a customer review on our Sites, we will need to collect your personal information. Personal information requested by us may include, but is not necessarily limited to:
20.1.1 your first name and last name;
20.1.2 your email address;
20.1.3 your phone number;
20.1.4 the city where you live;
20.1.5 whether you have previously purchased the products or services; and
20.1.6 your opinion of our Goods or Services as expressed by the customer reviews you submit.
20.2 The collection, use, disclosure and handling of personal information is governed by our Privacy Policy, together with other terms such as our privacy collection statements.
20.3 You confirm that all of the information you provide to us, including any personal information, will be complete, true and correct.
20.4 You acknowledge that the internet is an inherently insecure communication medium, and your use of our Sites is at your own cost and risk. You must take your own precautions to ensure that the processes which you employ for accessing our Sites do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
20.5 If you create an Account, you must keep all usernames, passwords and other security-based information secure and private at all times. If your username, password or other security based information is lost or stolen, you must notify Ultra Violette in writing and take any reasonable steps we advise you to take to mitigate the adverse impact of the lost or stolen security-based information at the earliest possible opportunity.
20.6 Subject to applicable laws, you agree that we have no responsibility for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via our Sites.
21. We want you to contribute – User Generated Content
21.1 You may choose to submit information, content and materials, such as:
21.1.1 customer reviews of our Goods or Services;
21.1.2 creative ideas;
21.1.3 suggestions;
21.1.4 proposals / plans;
21.1.5 Promotion entries; or
21.1.6 other materials,
(User Generated Content) to our Sites and/or directly to Ultra Violette via email, social media, postal mail or otherwise.
21.2 We do not tolerate fake reviews of our Goods and Services. You acknowledge and agree that if you choose to submit or post User Generated Content, you must own or have the right to submit that User Generated Content. User Generated Content that you submit must be your own true, accurate and genuine opinion. User Generated Content must not:
21.2.1 infringe any intellectual property rights (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
21.2.2 mislead or deceive any person or be likely to mislead or deceive any person;
21.2.3 be used to impersonate any person (including Ultra Violette and Ultra Violette’s representatives) or to misrepresent your identity or affiliation with any person (including Ultra Violette and Ultra Violette’s representatives); or
21.2.4 be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage any conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate.
21.3 If you become aware or reasonably suspected that any User Generated Content on our Sites may infringe these requirements, you must promptly notify us in writing.
21.4 User Generated Content that you submit or share on our Sites may be seen by other users of the Sites or third parties. Where we have made relevant settings available, we will use commercially reasonable efforts to honour the choices you make about who can see your User Generated Content.
21.5 You agree that Ultra Violette may:
21.5.1 edit or delete your User Generated Content;
21.5.2 link your User Generated Content to other material, including User Generated Content submitted by other users or material created by Ultra Violette and/or other third parties;
21.5.3 use your User Generated Content for its business purposes, for example, displaying your User Generated Content in our marketing materials or on our Sites or social media pages;
21.5.4 directly or indirectly benefit from your User Generated Content; and
21.5.5 share your User Generated Content with its related bodies corporate, including other members of Ultra Violette.
21.6 Ultra Violette does not promise to use or display any User Generated Content that you provide.
21.7 Ultra Violette does not claim ownership rights in your User Generated Content, however, by submitting your User Generated Content to our Sites you are deemed to grant Ultra Violette (and its affiliates, licensees, successors, assignees and licensors) an irrevocable, perpetual, non-exclusive, royalty-free, sublicensable, transferable and worldwide licence to use, copy, reproduce, publicly display, modify, distribute, publish, make available, distribute, communicate to the public, disclose and process that User Generated Content in connection with our Sites without further consent from, or notice and/or compensation to, you.
21.8 By submitting and/or uploading your User Generated Content to our Sites you consent to anything being done by Ultra Violette in respect of that User Generated Content that could otherwise amount to an infringement of your moral rights in such User Generated Content, and warrant that you have obtained such consent from all other authors of such User Generated Content.
22. Prohibited activities – because SKINSCREEN™ obsessed hotties are respectful!
22.1 When using our Sites, you must not:
22.1.1 use our Sites for any activities that breach any laws or are contrary to any relevant standards or codes, or solicit others to perform of participate in such activities;
22.1.2 make fraudulent or speculative enquiries, purchases or requests through our Sites;
22.1.3 infringe any intellectual property right (including copyright, database right or trade
mark right) of any person or be in breach of any legal duty owed to any person,
such as a contractual duty or a duty of confidence;
22.1.4 reproduce any Site Content without our express written permission, which we may grant or withhold at our absolute discretion in order to ensure that we are not breaching any laws, intellectual property rights or other rights of a third party and ensuring we protect our own valuable assets;
22.1.5 seek reimbursement from any other party for access to our Sites or on-sell any information obtained from our Sites;
22.1.6 engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using our Sites, conduct yourself in an offensive manner while using our Sites, or use our Sites for any illegal, immoral or harmful purpose;
22.1.7 engage in any conduct which is likely to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, us or any other person;
22.1.8 submit, post, upload, email or otherwise send or transmit to our Sites, or any users of our Sites, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to our Sites;
22.1.9 attempt to collect or track the personal information of others; or
22.1.10 interfere with our Sites or networks underlying or connected to our Sites or violate any of the procedures, policies or regulations of our Sites or any networks connected to our Sites.
22.2 Safety of our staff and other customers is paramount. When interacting with us online via our Sites or speaking to our customer service team via phone or other means, you must not engage in any unlawful, suspicious or unacceptable conduct such as:
22.2.1 any abuse or threatening behaviour via our Sites (including any threat to staff welfare and safety);
22.2.2 unlawful activities; and
22.2.3 any breach of the Order quantity limits set out in clause 9 of these Website and Trading T&Cs.
23.1 Subject to clause 21.7, the entire contents and design subsisting in, relating to or arising out
of our Sites and available through or in connection with our Sites including copyright, logos,
trade marks, designs, text, graphics, images, information (including content posted on Vi’s Blog and recommendations provided through our SPF BFF Quiz), applications and other files, and their selection and arrangement (the Site Content) are the intellectual property of Ultra Violette, our content providers or our licensors, with all rights reserved.
23.2 You must not do anything, or omit to do anything, which may infringe our intellectual property
rights, except with our express written permission. Without limiting the generality of the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to or otherwise use any of the material on our Sites, including audio and video excerpts, except as expressly permitted by statute or with Ultra Violette’s prior written consent.
23.3 No Site Content may be modified, distributed, communicated, framed, reproduced,
republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated,
licensed in any form or by any means, in whole or in part, without our prior written consent.
In addition, you agree not to use any data mining, robots, or similar data gathering and
extraction methods in connection with our Sites.
23.4 You may view our Sites and the Site Content using your web browser and save an electronic
copy, or print out a copy, of parts of a Sites solely for your own information, research or study, but only if you:
23.4.1 do not modify the copy from how it appears unless expressly authorised by Ultra Violette and then only in accordance with these Website and Trading T&Cs; and
23.4.2 include the copyright notice reasonably specified by Ultra Violette in writing on the
copy.
23.5 When you send us any feedback or suggestions or complete a survey in relation to our Sites, you agree that we can use any ideas, concepts, or techniques contained in the feedback, suggestions or survey responses. When you participate in any chat functionality, forums or other activities involving the publication of User Generated Content that you provide in the public forum, you agree that we can reproduce, use and distribute those materials.
23.6 If you are a customer of the Canadian Site, the following clauses 23.6 to 23.11 apply to you.
23.7 If you believe that any material or content, including User Generated Content, that resides or is accessible on or through the Sites infringes a copyright, please send a notice of copyright infringement (Copyright Notice) containing the following information to Ultra Violette:
23.7.1 the claimant’s name and address and any other particulars that enable communication with the claimant;
23.7.2 identification of the work or other subject matter to which the claimed infringement relates;
23.7.3 a statement of the claimant’s interest or right with respect to the copyright in the work or other subject matter;
23.7.4 the URL to which the claimed infringement relates;
23.7.5 specification of the infringement that is claimed; and
23.7.6 specification of the date and time of the commission of the claimed infringement.
23.8 The Copyright Notice may not contain any of the following:
23.8.1 an offer to settle the claimed infringement, including by way of hyperlink to such an offer; or
23.8.2 a request or demand made in relation to the claimed infringement, including by way of hyperlink, for payment or for personal information.
23.9 If the Copyright Notice is non-compliant with the foregoing requirements, we are not obligated to pass the Copyright Notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.
23.10 If a proper bona fide infringement notice is received by us, it is our policy to:
23.10.1 remove or disable access to the infringing material;
23.10.2 to notify the content provider, member, or user that it has removed or disabled access to the material; and/or
23.10.3 discipline repeat offenders in accordance with applicable laws by removing and/or terminating the offender’s access to or use of the Sites or User Generated Content thereon.
23.11 Notice of claims of copyright infringement should be provided to Ultra Violette by contacting us using the relevant details set out in clause 29.
24.1.1 This clause 24.1 applies where we provide links to the websites of third parties but not where we provide links to websites belonging to, or operated by, Ultra Violette, in which case, clause 24.2 applies.
24.1.2 We may provide links to third parties’ websites or may divert your devices to third party websites from time to time (Linked Websites). Unless otherwise notified on
a Linked Website, Linked Websites are not reviewed, controlled or examined by us in any way. The provision of links to Linked Websites does not mean that
Ultra Violette endorses or recommends, or has any association with, the Linked
Website or the relevant third party goods and services.
24.1.3 You acknowledge and agree that we are not responsible for any of the content, availability, advertising, products, services or other materials of any Linked
Websites, or any additional links contained on Linked Websites, or the conduct of
any person associated with a Linked Website.
24.1.4 Linked Websites may be subject to their own terms and conditions and privacy policies. You acknowledge that it is your sole responsibility to review and comply
with those terms and conditions, and we have no responsibility for your actions
when using a Linked Website.
24.1.5 Any complaints, claims, concerns, or questions regarding goods or services provided by a Linked Website should be directed to the relevant third party operating that Linked Website.
24.2.1 This clause 24.2 applies where we provide links to websites belonging to, or operated by, Ultra Violette.
24.2.2 We may provide links to the websites of Ultra Violette (including to another Site), or may divert your devices to other Ultra Violette operated websites from time to time. The provision of links to Ultra Violette’s sites are for your convenience only, such as Ultra Violette directing you to the relevant Site for customers in the country you are located in.
25. Availability
25.1 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Goods and Services to you.
25.2 It’s important to us that you can always access our Sites, but while we take reasonable steps to ensure the availability and security of our Sites, you accept that our Sites is provided on an ‘as is’ basis. We do not warrant that our Sites will be continuously available and we will not be liable if our Sites or any part of our Sites is unavailable at any time or for any reason (including if Shopify cease hosting the Sites). We do not represent, warrant or undertake that our Sites will be error, defect, ‘bug’ or ‘virus’ free.
25.3 There are significant costs involved in operating and making available the Sites. Accordingly, we may change or remove functionality from the Sites time to time if we determine, in our absolute discretion, it is in our legitimate business interest to do so (for example, based on usage, costs and other factors it may not be in our legitimate business interests to make certain parts of the Sites or Third-Party Tools available in whole or in part to you). If we make any material or significant changes or remove key functionality, we will provide you written notice of the changes (for example with notifications via email or posting a notice on our Sites).
25.4 Our Sites are not a storage service and you agree that we have no obligation to store, maintain or provide you with a copy of any User Generated Content that you provide, except to the extent required by applicable law or as provided in our Privacy Policy.
26. Limitation of liability and indemnity
26.1 Nothing in these Website and Trading T&Cs is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy that you may have under Applicable Consumer Law (Non-Excludable Rights).
26.2 Nothing in these Website and Trading T&Cs shall limit or exclude either party's liability for death or personal injury resulting from negligence or any other liability which cannot be excluded or limited under any applicable law (including under any Applicable Consumer Law).
26.3 Without limiting any provisions of these Website and Trading T&Cs, we will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of our Sites, including any viruses or other malicious software that may affect you while you use our Sites or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including any transactions) made using our Sites.
26.4 To the maximum extent permitted by law, except for any loss under clause 19 (Your Obligations), 20 (Privacy and Security), 21 (User Generated Content), 22 (Prohibited Activities and 23 (Intellectual Property), under no circumstances will either party be responsible to the other party or any third party whether in contract, tort, in equity or under statue for any special, indirect, Consequential Loss, incidental or punitive damages, or damages for loss of opportunity, profits, revenue or goodwill.
26.5 Except for liability in relation to breach of any Non-Excludable Rights and liability under clause 26.6, our total maximum liability to you in contract, tort (including negligence), statue or otherwise, is limited to one thousand Australian dollars (AUD$1,000), £517, or CAD$887 (as applicable to the jurisdiction which applies to you).
26.6 To the maximum extent permitted by law and without excluding any rights provided to you at common law, our liability for breach of any Non-Excludable Rights is limited to the remedy set out in the table, as applicable to the jurisdiction which applies to you (Applicable Remedy). In other words, under Applicable Consumer Laws, you have rights to a range of remedies in the event of any beach of the Non-Excludable Rights - we have set out a summary of these remedies in the table below:
|
Jurisdiction |
Applicable Remedy |
|
Australia |
(A) any replacement or refund for a major failure and you may seek compensation for any other reasonably foreseeable loss or damage; or (B) replacement or repair if the Goods or Services fail to be of acceptable quality and the failure does not amount to a major failure. |
|
UK |
(A) if the Goods are not of satisfactory quality, fit for purpose, as described or do not match the sample, or a model seen or described, then you have: i. a right to reject the Goods within 30 days of the goods being delivered and receive a refund (see Addendum 3 for further details); and ii. a right to repair or replacement. If you request for the Goods to be repaired or replaced, then the 30-day deadline in (A)(i) is paused for the length of time that it takes for the Goods to be repaired or for the replacement Goods to be delivered. If repair or replacement is not possible, or does not remedy the fault in the Goods, then you are entitled to a price reduction or a final right to reject the Goods and receive a refund; (B) if there is a breach of the requirements submitted in your Order, you are entitled to repair or replacement, or in the event that repair or replacement is not possible or does not remedy the fault in the Goods, then you are entitled to a price reduction or you can reject the Goods and receive a refund; (C) if we failed to provide any information to you that is required to be provided under the Applicable Consumer Law, prior to your acceptance of the Website and Trading T&Cs, you are entitled to recover costs you incurred. Please note that recoverable costs are limited to the price paid for, or the value of, the Goods purchased; or (D) in case of late delivery, you have right to specify a new delivery date or reject the Goods and receive a refund (refer to clause 10.5 for further details). |
|
Canada |
(A) any replacement or refund for a major failure and you may seek compensation for any other reasonably foreseeable loss or damage; or (B) replacement or repair if the Goods or Services fail to be of acceptable quality and the failure does not amount to a major failure. |
26.7 You agree to defend and hold us harmless from and against all losses, expenses, damages and costs (including reasonable solicitor’s fees) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with, or in respect of your conduct in breach of the following clauses of these Website and Trading T&Cs:
26.7.1 20 (Privacy and Security);
26.7.2 21 (User Generated Content);
26.7.3 22 (Prohibited Activities); and
26.7.4 23 (Intellectual Property).
26.8 Your liability under this clause 26.7 is reduced to the extent that Ultra Violette directly contributed to the loss.
27. Cancellation, suspension and termination of Account – We hope it doesn’t come to this…
27.1 You may cancel your Account at any time by notice to Ultra Violette at the contact details
below.
27.2 Cancelling your Account will end your ability to access your Account and you will need to
register again with Ultra Violette if you change your mind. Any data or personal information
Ultra Violette has collected about you or your use of our Sites will be retained and destroyed
in accordance with Ultra Violette’s Privacy Policy. In particular, Ultra Violette reserves the right to delete any information or data that relates to your Account if your Account has been deleted for a period exceeding 30 days.
27.3 Notwithstanding anything else in these Website and Trading T&Cs, Ultra Violette may immediately suspend or terminate your Account with or without notice (as appropriate in the circumstance) or cause for any of the following reasons:
27.3.1 you breach any of these Website and Trading T&Cs;
27.3.2 you have failed to provide correct personal information in accordance with clause 20.1; or
27.3.3 Ultra Violette considers that you have done something that is detrimental to Ultra Violette’s business interests or reputation or those of any of its third parties.
27.4 Notwithstanding anything else in these Website and Trading T&Cs, Ultra Violette may suspend or terminate your Account with immediate effect in whole or in part by providing you with a written notice and without cause for any of the following reasons:
27.4.1 Ultra Violette has ceased to provide the Account functionality or part of the Account functionality; or
27.4.2 Ultra Violette’s business or contractual relationships with third parties require Ultra Violette to do so.
27.5 If you are a Member of the Loyalty Program, please see Addendum 1 regarding how your points are treated in different circumstances.
28. General
28.1 Force majeure: We will not be in breach of these Website and Trading T&Cs or otherwise liable to you or any other person for any unavailability or failure of our Sites, or the Goods or Services or any delay or other failure by us to comply with these Website and Trading T&Cs that is caused by or arises from any event or circumstances beyond our control.
28.2 Rights cumulative: The rights, powers, privileges and remedies provided under any
provision of these Website and Trading T&Cs are cumulative and not exclusive of any rights, powers, privileges or remedies provided under any provision of these Website and Trading T&Cs or by applicable law or otherwise.
28.3 Waiver: No failure to exercise nor any delay in exercising by us of any right, power, privilege
or remedy under these Website and Trading T&Cs will impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Website and Trading T&Cs will prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
28.4 Invalidity: Any clause or provision of these Website and Trading T&Cs held to be illegal, invalid, void, voidable or unenforceable must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a clause or provision as required by this clause, part or all of the provision or clause of these Website and Trading T&Cs will be severed from these Website and Trading T&Cs and the remaining clauses or provisions continue in force.
28.5 Interpretation: In these Website and Trading T&Cs, unless expressed to the contrary:
28.5.1 a person includes a firm, partnership, joint venture, association, corporation or
other body corporate;
28.5.2 the word ‘includes’ in any form is not a word of limitation;
28.5.3 where a word or phrase is defined, another part of speech or grammatical form of
that word of phrase has a corresponding meaning;
28.5.4 references to the singular include the plural and vice versa;
28.5.5 a gender includes all other genders; and
28.5.6 headings and sub-headings are for ease of reference only and do not affect the
interpretation of these Website and Trading T&Cs.
28.6 Governing law:
28.6.1 Notwithstanding any other provision in these Website and Trading T&Cs, you will always retain the benefit of any mandatory protections given to you by the laws of the jurisdiction in which you are located, including any Applicable Consumer Laws.
28.6.2 Based on the entity you are contracting with under clause 4.4, these Website and Trading T&Cs are governed by the laws of the relevant jurisdictions set out in the table below. The parties agree to be bound by the non-exclusive jurisdiction of the Courts of the relevant jurisdictions as set out in the table below.
|
CONTRACTING ENTITY |
JURISDICTION OF RELEVANT GOVERNING LAW |
|
Ultra Violette Australia |
If you use the Australian Site, the relevant governing law will be the laws of Victoria, Australia. |
|
· If you are located in Canada (other than in Quebec), the relevant governing law will be the laws of Ontario. · If you are located in Quebec, the relevant governing law will be the laws of the Province of Quebec. |
|
|
Ultra Violette UK |
If you use the UK Site, the relevant governing law will be the laws of England and Wales. |
28.6.3 The Sites may be accessed throughout Australia, Canada, the UK and overseas. Ultra Violette makes no representation that the Sites Content complies with the laws (including intellectual property laws) of any country outside Australia, Canada or the UK (Relevant Countries). If you access any Sites from outside the Relevant Countries, you do so at your own risk and are responsible for ensuring that your access to the relevant Sites is not illegal or prohibited by laws which apply to you.
29.1 If you have any questions about our Website and Trading T&Cs or concerns about our Sites, the Site Content or our Goods or Services, we want to know! Here’s how to get in touch:
violette@ultraviolette.com.au
30.1 Capitalised terms used in these Website and Trading T&Cs have the meanings set out below:
30.1.1 Account has the meaning set out in clause 18.1.
30.1.2 Applicable Consumer Law means (as applicable to the jurisdiction in which you are located):
(a) Australia: the Competition and Consumer Act 2010 (Cth);
(b) UK: Consumer Rights Act 2015, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Protection from Unfair Trading Regulations 2008; and
(c) Canada: the Canada Consumer Product Safety Act, SC 2010, c 21; the Consumer Protection Act, 2002, SO 2002, c 30, Sch A (Ontario); the Consumer Protection Act, RSA 2000, c C-26.3 (Alberta); the Business Practices and Consumer Protection Act, SBC 2004, c 2 (British Columbia); the Consumer Protection Act, CQLR c P-40.1 (Quebec); the Consumer Protection and Business Practices Act, SS 2013, c C-30.2 (Saskatchewan); the Consumer Protection Act, CCSM c C200 (Manitoba); the Consumer Protection and Business Practices Act, SNL 2009, c C-31.1 (Newfoundland and Labrador); the Consumer Protection Act, RSNS 1989, c 92 (Nova Scotia); the Consumer Product Warranty and Liability Act, SNB 1978, c C-18.1 (New Brunswick); the Consumer Protection Act, RSPEI 1988, c C-19 (Prince Edward Island) and any other relevant provincial or territorial statutes and regulations,
or any other applicable legislation which may not be excluded, restricted or modified by agreement.
30.1.3 Consequential Loss means:
(a) losses that were not foreseeable to both parties when the contract was formed;
(b) losses that were not caused by any breach on the part of trader; and
(c) business losses, and/or losses to non-consumers.
30.1.4 Copyright Notice has the meaning set out in clause 0;
30.1.5 Delivery Address means the address (or collection location) specified by you for the delivery of Goods that we will supply to you under these Website and Trading T&Cs.
30.1.6 Delivery Fee has the meaning set out in clause 6.1.2.
30.1.7 Dispatch means:
(a) if you are a customer of the Australian Site, that the relevant Good(s) have been collected from us by the relevant the delivery service provider; and
(b) if you are a customer of the UK Site or Canadian Site that the Order has been Packed.
30.1.8 Fees has the meaning set out in clause 6.1.
30.1.9 Goods are items in an Order, and include packaging.
30.1.10 Goods and Services has the meaning set out in clause 3.1.2.
30.1.11 GST means any goods and services or value added tax, or any similar turnover, sales or purchase tax or duty levied by any jurisdiction (including but not limited to any central, regional or local jurisdiction), and whether in Australia or internationally, including the goods and services tax imposed by the A New Tax System (Goods and Services) Act 1999 (Cth).
30.1.12 Linked Websites has the meaning set out in clause 24.1.2.
30.1.13 Loyalty Program has the meaning set out in clause 18.2.
30.1.14 Member means a member of Vi’s VIP Room.
30.1.15 Non-Excludable Rights has the meaning set out in clause 26.1.
30.1.16 Order means any order for a Good or Service submitted using a Sites.
30.1.17 Packed means that the relevant Good(s) have been packed and packaged up by us for collection by the relevant the delivery service provider.
30.1.18 Promotions has the meaning set out in clause 17.1.
30.1.19 Purchase Price has the meaning set out in clause 6.1.1.
30.1.20 Re-Delivery Fee means, for Orders:
(a) placed through the Australian Site, $10.00 AUD;
(b) placed through the UK Site, £4; or
(c) placed through the Canadian Site, $9.95 CAD
30.1.21 Service means any service that may be ordered through a Site.
30.1.22 Site Content has the meaning set out in clause 23.1.
30.1.23 Sites has the meaning set out in clause 3.1.
30.1.24 Stockist has the meaning set out in clause 3.3.
30.1.25 UK Customer means you if you live in the UK mainland or are otherwise ordering from our UK Site for delivery to an address in the UK mainland (England, Northern Ireland, Scotland, or Wales
30.1.26 Ultra Violette has the meaning set out in clause 1.1.
30.1.27 User Generated Content has the meaning set out in clause 21.1.
30.1.28 Website and Trading T&Cs means clauses 3 to 30 of these terms and conditions.