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Terms of Service

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The NATIVES Co. Pty Ltd

Our website address is: https://thenativesco.com.au

 

This website is owned and operated by The NATIVES Co. (ABN 42 633 776 888). Throughout the site, the terms “we”, “us” and “our” refer to The NATIVES Co. The NATIVES Co. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

The NATIVES Co. is not liable to you or any other for any loss in connection with the use of this website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. Please read the full Terms of Service.

The NATIVES Co. reserves the right to update, change or amend any content on the site including these Terms of Service, at any time without notification. By using this site, you are bound by the most current version of the Terms of Service available on our web page. It is your responsibility to periodically refer to them.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

General Conditions & Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least 18 years of age or have the consent of your parent/guardian to use the site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this site or any material or content displayed on the site.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Intellectual Property: Copyright and Trademarks

This website is copyright property of The NATIVES Co. Pty Ltd, Copyright ©, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping or placing an order on this site and for no other purpose. You are provided with access to it only for your personal and non-commercial use. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws.

Site Information

We are not responsible if information made available on this site is not accurate, complete or current. The advice and information contained within or provided through this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions or used as the sole basis for making decisions. Statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, but we undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. We reserve the right to correct any errors, change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Whilst we try and ensure that all details on this website are accurate, occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We may choose to not fill any orders (or part of an order) that you have placed where the website contains errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

Services and Prices

All prices listed on the site are in Australian dollars and are inclusive of any Australian Goods and Services Tax (GST as applicable). For orders shipped to other countries, you are solely responsible for all sales taxes or other taxes incurred as a result of your purchase, including but not limited to import taxes and duties, customs clearance and shipping.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products and Services

All products available from The NATIVES Co, including samples, are intended for personal non-commercial use only. You may not sell or resell any products you purchase or otherwise receive.

All orders placed are an offer of purchase and are subject to acceptance by The NATIVES Co. The NATIVES Co. reserves the right to refuse an offer for any reason. If an order is not accepted a full refund will occur at the earliest possible convenience. In the event of the requested products being unavailable The NATIVES Co. may offer a substitute item or cancel the transaction and effect a full refund. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. Purchase of foundation based on foundation matching app Service MIME and MMM is at the users discretion. The NATIVES Co. does not warrant or guarantee accuracy of colour matching and is not obliged to refund or exchange any product based on any recommendation via MIME or MMM Services. 

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Upon purchase of products, the buyer agrees to use the products only for their intended purpose and strictly in accordance with their instructions, precautions and guidelines. Any other use will cause the buyer to assume full responsibility for any loss or damage arising out of their use.

Products are not intended for use by minors without parent or legal guardian supervision.

You should always check the ingredients for products to avoid potential allergic reactions.

Questions about products and use can be directed to care@thenativesco.com or via our contact us page.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made at our site, so that we can complete your transactions and contact you as needed. Your credit card details are not stored on or through The NATIVES Co. site, and there is no way for these details to be retrieved by us or our staff. However, if you are at all concerned with the potential security of this secure storage process, we recommend that you not use this feature.

Where the customer pays by payment card, the customer warrants that they have the necessary rights to use the payment card and that they are fully authorised to use it to pay for the order. The NATIVES Co. is under no obligation to ship any goods ordered until payment for those goods has been received. Where payment is invalid, we reserve the right to cancel the sale accordingly.

The agreement for sale is concluded only when goods are handled over to the designated carrier.

Shipping & Handling

We will endeavour to dispatch your order within one to two business days from the date of order. However, we cannot guarantee when an order will arrive. Any shipping or transit time offered to you is an estimate and we encourage you to order in a timely fashion to avoid delays caused by shipping hold up. See our full Shipping & Handling Policy for complete details. 

The NATIVES Co. only ships to a limited number of countries. We are not responsible for customs charges or any restrictions that vary from country to country and which may result from the importation of certain products. The purchaser remains responsible for all charges and fees incurred.

Accounts and Loyalty membership

A member profile can only be created by persons over the age of 18. Minors are only permitted with the consent of their parent or legal guardian.

Where you have created a member profile you will be required to create a password for that profile. You are responsible for maintaining the confidentiality of your password and account information and you are fully responsible for all conduct carried out under this password and profile. The NATIVES Co. is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures.

Comments and Reviews

This section does not limit or affect any rights you may have under applicable data protection laws.

We welcome your feedback, product reviews, ideas or suggestions, contributions to forums (“Content”), but you agree that we may use this Content without any restriction or obligation to you, even after this Agreement is terminated. You give The NATIVES Co. permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. This license will survive the termination of these terms and conditions and your use of the site. You also permit The NATIVES Co. to publish your first name and State or Town in association with any Content provided by you.

By submitting Content, you represent and warrant that you understand that you are participating in a public forum and that your Content will be available to all other users of the site. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. Your content must not violate these terms and will not cause injury to any person or entity. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

The NATIVES Co. reserves the right to not post a review or to withdraw a posted review for any reason. However, we have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

User reviews of products in no way represent the views or opinions of The NATIVES Co. or its owners, shareholders, employees or others, but are the sole product of its creator. The NATIVES Co. disclaims all liability with respect to the Content posted by third parties and users.

Social Media

The NATIVES Co. loves to interact with our followers on Facebook and Instagram. These terms and conditions also govern how The NATIVES Co. will interact with you on social media sites.

Our general policy is not to delete your comments on The NATIVES Co. social media pages, even if you have constructive criticism, but there are a few reasons we may take down your posts. These are: (a) if your post may offend anyone; (b) if your post attacks another contributor or The NATIVES Co. staff; (c) if you flood our feed, making it difficult for others to get a word in; (d) if you post information that may endanger your privacy; (e) if your post is off topic.

While we support lively, open discussion, we reserve the right to block any users who do not comply with our rules, or who are otherwise deemed to be behaving inappropriately.

Personal Information

Your submission of personal information through the site is governed by our Privacy Policy, available here.

 

Third-party Links

This website may contain links to third-party websites that are not affiliated with us. Those links are provided for convenience only and should not be construed as any endorsement, approval, recommendation or preference by The NATIVES Co., or of any information, products or services referred to on those other sites unless specifically stated. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You link to any such website at your own risk.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties: Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. We may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be corrected.

To the full extent permitted by law, The NATIVES Co. makes no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any product supplied. 

Where legislation implies into this agreement any condition or warranty that cannot be restricted or modified, The NATIVES Co. liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at the option of The NATIVES Co., one or more of the following: (a) replacement of the products, the repair of the products, or the supply of equivalent products; (b) repayment of any part of the price of the products supplied; or (c) payment of the costs of replacing or repairing the products, or acquiring equivalent products.

In no case shall The NATIVES Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Information Disclaimer

To the full extent permitted by law, The NATIVES Co. makes no representations or warranties, express or implied, regarding any matter including fitness for a particular purpose or use in relation to any product supplied. If you rely on any of the information provided on this website, you do so at your own risk.

The advice and information contained within or provided through this site is of a general nature and is not intended to constitute or replace medical advice, diagnosis or treatment for individual or specific conditions or used as the sole basis for making decisions. Statements and products are not intended to diagnose, treat, cure or prevent any medical condition or disease and should not be used for therapeutic purposes (unless the product has been entered on the Australian Registrar of Therapeutic Goods).

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, and make no guarantee as to the results that you may experience from using our products or the information we make available on our website. The results you experience from using these products will depend on many factors, including but not limited to your age, gender, skin type and condition, concomitant products used, health history, where you live (climate, humidity), lifestyle and diet.

You, the purchaser assume full responsibility for determining the suitability of a product for your individual needs and preference. If you are pregnant, breastfeeding or have known allergies and/or health conditions you should seek medical advice before commencing use of any product. Always read instructions for use carefully and perform an allergy patch test before use. Please check with your health practitioner before making any changes to your diet or taking supplements or herbs.

Indemnification

You agree to indemnify, defend and hold harmless The NATIVES Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreeement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Update and Changes: We reserve the right to modify, update or change the Terms of Service at any time without notice to you. 

Governing Law

The NATIVES Co. (www.thenativesco.com) is created and controlled in New South Wales, Australia. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. By purchasing products through this site you submit to the jurisdiction of the courts of Australia and agree that any legal action will only be commenced in these forums.

Contact US

If you have questions about or would like to contact us in relation to these Terms of Service  please contact us by email at care@thenativesco.com or by mail using the details provided below:

The Natives Co. Managing Director

PO Box 91, New Lambton NSW 2305 Australia

We will reply to your request within 21 days of receipt.

 

Last updated: January 2021

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