Terms & Conditions
These terms and conditions will govern all issues that may possibly arise in relation to your access to https://www.wickart.com.au, or use of its blogs, forums, social media, online store and related services to purchase soaks and other natural homemade products that promote good health (collectively the Services).
Please carefully read and review these terms and conditions before using any feature or service being offered or made available on this website. If you do not agree with these terms and conditions, you may not use this website.
Agreement
All users and visitors must consent to these terms and conditions for using any feature or service being offered or made available on this website. Clicking I Agree or related syntaxes, when prompted to do so, shall be deemed as your free and informed consent to enter a binding agreement with WickArt, consisting of these terms and conditions.
When you enter this agreement, it shall be deemed that you are legally mature and otherwise qualified to enter a binding agreement in your jurisdiction, and if you are not, accessing the website or using the Services under the guidance and supervision of your legal guardian who has consented to these terms and conditions. All activities without entering this agreement shall be deemed as unauthorized access.
WickArt shall be fully entitled to determine the process and procedures for purchasing any product or using the services being offered on the website. We reserve a right to edit, modify, suspend, or permanently remove any feature or service from this website, in whole or parts thereof, in our sole discretion.
We may monitor your activities on the website but shall have no such obligations. If we find or believe that your activities on the website are not in compliance with this agreement or the applicable laws, we may restrict, suspend, or permanently block your access to the website and/or disclose any record, communication, information, or content to the relevant authorities or third parties in our sole discretion.
The Services shall be available to the global users, but it shall be your responsibility to ensure that you can use the website or import the offered products in your country/jurisdiction without violating any local, state and federal laws or restriction/embargos for being located in any jurisdiction or listed in any governmental list of restricted entities.
Access to the Website
Access to the website shall be free and voluntary. You are not required to create an account on this website for purchasing any product or using the services being offered or made available on this website.
When you purchase any product being offered on this website, you may be required to submit some information like your name, contact number, email address, billing address, shipping address, credit card number, and other details that may be reasonably needed to complete a transaction. Any information that you submit on this website or we may receive from payment processors or other third parties will be handled according to our Privacy Policy which is being incorporated into this agreement by reference.
Copyrights and Trademarks
The website and its content, including the icons, logos, trademarks, service marks, texts, images, graphics, page headers, artworks, audios, videos, product descriptions, services, service names, databases, contained intellectual properties, and other resources are exclusive properties of WickArt, fully protected under the copyrights and trademarks laws of Australia and related international conventions. All intellectual properties on this website otherwise not claimed belong to WickArt. Copyright © 2018 WickArt. All rights reserved.
When you use this website, you may access or download relevant product information, images, and shared knowledge base for personal and non-commercial use, but this limited license shall never be deemed as any kinds of rights to use the content and resources on the website for reproduction, redistribution, commercial exploitation, or otherwise offering similar services without a written permission from WickArt. You shall never use any kinds of tools and techniques to systematically retrieve, create or compile our database and/or content, in any form or manner, unless you are duly authorized to do so.
You shall always respect the logos, trademarks, and service marks being featured on the website. You will have no rights to edit, alter, or remove our logos, trademarks and copyright information from the product images and other downloaded content from the website.
Pricing and Transactions
All products, prices and promotional offers being offered or made available on the website shall be subject to change at any time. WickArt reserves a right to change the price of any product in its sole discretion, (to correct a mistake or otherwise). However, if the price of any product is modified after you have placed your order, you will have the option to purchase the product at the modified price or cancel your order.
Only the listed payment instruments on the website shall be used for purchasing a product or making a transaction. WickArt reserves a right to add or remove any payment instrument in its sole discretion. When you make a transaction on the website, it shall be deemed that you are fully authorized to use the respective payment instrument. We hold a good faith that you will never use any stolen or unauthorized payment instruments to make a transaction on the website.
WickArt reserves a right to collaborate with any payment processor, payment gateway, or third party service provider to verify your transaction. We may refuse any transaction in our sole discretion.
WickArt is not liable for any charges, penalties, or fees that may be imposed by your bank due to insufficient funds, overdrafts, or over the credit limit transactions related to your purchase on the website. You shall ensure that your payment instrument has sufficient funds to make the transaction.
Unless any refund is approved by WickArt in writing, all purchases/transactions on the website shall be final and non-refundable. You will have no rights to make any cancellation request or claim a refund for a change of your mind.
All transactions on the website shall be subject to the approval by WickArt. Once your payment instrument is authorized and the transaction is successful, your purchased products shall be shipped in accordance with our Shipping and Return policy which is being incorporated into this agreement by reference.
Prohibited Activities
The website and its services shall be used for lawful purposes only. All kinds of infringements, copyright violations, and unlawful activities on the website shall be strictly prohibited. You agree to use the services in compliance with the applicable laws and never:
- Abuse any feature, service, application, system tool and content on the website or do anything to compromise the safety and security of this website or the connected networks.
- Attempt to gain access to otherwise restricted areas on the website, extract any information, user data or other compilations, or induce other users to follow any malicious links.
- Use any framing techniques or strategy to enclose our logos, brands, trademarks or descriptions being featured on the website.
- Use the blogs, social media or other services to communicate encrypted/anonymous messages in any form or manner.
- Post, promote or share any vulgar, obscene, offensive, disturbing, profane, defamatory, sexually explicit, menacing, infringing, or otherwise objectionable content on the website.
User-Generated Content
When you post, share, or otherwise submit any views, reviews, comments, suggestions, feedback, or information (collectively user generated content) on the blogs, forums, social media, or other publicly accessible areas on the website, it shall be deemed that you have all the rights to publish your content and consent to grant WickArt a non-exclusive, perpetual, irrevocable, sub-licensable, royalty-free, and worldwide right over the submitted content, entitling us to adapt, modify, distribute, share, or use any such user-generated content for our business promotion or other commercial purposes. we also reserve a right to use your feedback and suggestions for commercial purposes without giving any prior notice, obtaining consent, or rewarding compensation for involved intellectual property rights.
You shall be solely liable for your posts, comments, or other content on the website. You are not allowed to post, share, or transmit any content that is unlawful, harmful, tortuous, libelous, abusive, harassing, threatening, defamatory, obscene, vulgar, pornographic, or otherwise objectionable to any individual, community, ethnic group, gender or race. WickArt reserves a right to modify or remove any user-generated content from the website in its sole discretion.
Termination
WickArt reserves a right to restrict, suspend, or terminate this agreement in its sole discretion. If we believe that your activities on the website are not in compliance with this agreement or the applicable laws, we may cancel any transaction and prevent any further use of the Services. You may also stop using the Services at any time and terminate this agreement, but any such termination will have no effect on your pending obligation.
No claims or refunds shall be admissible on the grounds that your access to the website was restricted or suspended without any prior notice.
Indemnification
You shall indemnify WickArt and its partners, subsidiaries, suppliers, assignees, licensees, directors, executives, employees, affiliates and agents, holding them harmless against all claims, liabilities, damages, demands, actions, cause of actions, proceedings, costs, and expenses, including the administrative or legal expenses that may arise from:
- Your infringements of third party rights.
- Your violation of this agreement or the applicable laws.
- Your access to or use of any feature or service being offered or made available on this website.
- Your acts and omissions on the website, including but not limited to any offensive, derogatory, or otherwise objectionable posts, comments, or submissions on the website.
This section shall survive any termination of this agreement.
No Medical or Professional Advice
Nothing on this website shall create any kinds of medical or therapeutic claim. All health-related knowledge-base, study reports, and information, whether being made available on the website or tendered by the support staff, is intended solely for informational purposes and general guidance on healthy living, and noting in such information or advice shall be deemed as any kinds of medial, therapeutic, or other professional advice from experts. If you have any health issues, you should consult a qualified, licensed, and creditworthy healthcare provider/professional in your region/country.
Please acknowledge that all statements, suggestions, and content being published on the blogs, forums, and social media platforms of this website are derived from authentic and reliable study reports or other sources, but nothing on the website or communications with the support staff, whether written or oral, shall create any kinds of express or implied warranties regarding the accuracy, authenticity, reliability, or suitability of such statements, suggestions, recommendations, advice, or information.
Disclaimer of Warranties
WickArt disclaims all warranties, undertakings, and representations to the maximum extent permitted under the applicable laws. The products, services and related descriptions, specifications and information are being provided on As-Is and As-available basis. You shall use the Services at your own risks and discretion.
Nothing on the website shall create any kinds of express or implied warranties regarding the purity, quality, reliability, authenticity, availability, merchantability, fitness for particular purpose, or the suitability of the products and services as per your needs, preferences, or expectations. We do not claim that the content on the website, including but not limited to any product specifications, descriptions, views, reviews, testimonials, advice, suggestions, recommendations, or other information will be accurate, authentic, reliable, relevant, correct, complete, updated, available, or free from errors, omissions, infringements, interruptions, and viruses or malicious codes, and all such issues will be corrected/restored immediately or promptly. We hereby disclaim all such warranties and undertakings.
We do not claim the services will be available all the time and your purchased products will always reach within delivery schedule. An interruption in the service or delays can occur due to technical issues, non-performance of third parties, or other unforeseen circumstances beyond our reasonable control.
We do not endorse, recommend, or renounce any third party product, service, or content being featured or made available on this website. Featuring third party logos, trademarks, service marks, or content shall never be deemed as our endorsement for their products, services, or content.
Limitation of Liabilities
WickArt shall not be liable for any direct, indirect, major, minor, incidental, consequential, or special damages, including but not limited to the loss of potential business, revenue, credibility, better health, peace of mind or other intangible damages that may arise in relation to:
- your ability or inability to use any feature or service being offered or made available on this website,
your purchase of any product or service being offered or made available on this website, - escalated cost of buying any substitute product or service that is being offered or made available on this website,
- any kinds of allergy, health issues, or damages to person or property arising out of any defects in products, services, specifications, descriptions, or information being offered or made available on the website,
activities or statements of other users or third parties on the website, including any unauthorized access to your personal identity and information or violation of your rights, - any delays in the product delivery or interruption in the services due to technical limitations, maintenance requirements, non-performance of third parties, or other unforeseen circumstances.
- any other matter related to your access to this website or purchase of any product being offered on this website, irrespective of the fact that such liabilities occur due to any misrepresentations, negligence of duty, torts, delays in operation or shipping, deletion of files or data, errors and omissions, breach of contract or statutory responsibilities, interruptions or non-performance by WickArt, and the possibility of such liabilities was already conveyed to it.
- These limitations shall apply to the maximum extent permissible in your jurisdiction. In jurisdictions where liabilities may arise, the total liability of WickArt shall be limited to the amount you paid for buying any product or service on the website or the minimum amount specified under the applicable laws, whichever is less.
Third party links
This website may include links to third party websites, services, or content. These links or advertisements may be published to monetize this website, add more useful features/services, or provide useful information regarding the health benefits of soaks and other natural products being offered or made available on this website. Please acknowledge that we do not exercise any control over linked websites, services or content.
We do not endorse, recommend, or renounce any third party product, service, content, or related views, reviews, specifications, suggestions, or information being featured or made available on the website. You should apply your prudence before relying on any content or using any product or service being made available by the linked websites. WickArt shall not be liable for any claims, damages, or liabilities that may arise in relation to your access to third-party websites, purchase or use of third party products and services or reliance on any information being featured on such websites.
Miscellaneous
These terms and conditions shall constitute a part of your entire agreement with WickArt, including but not limited to additional agreements or policies you may enter to use any premium service being offered or made available on the website. Third party products and services, whether made available on the website or otherwise, shall be subject to additional agreement with the respective providers.
All third parties on the website shall be deemed as independent entities. Nothing on the website or this agreement shall create or deemed as any kind of partnership, joint venture, principal-agent, distributor-franchise, or employer-employee relationship between WickArt and the independent entities on the website.
WickArt may assign or sub-license its rights, obligations, titles, or interests to any third party in its sole discretion. However, you shall obtain a prior written consent from WickArt to reassign or transfer your rights and obligation to any third party.
If WickArt ignores any non-compliance or unable to strictly enforce this agreement, it shall never be deemed as a general waiver of its legal rights with regard to any subsequent violation or non-performance under this agreement.
Applicable Laws
This agreement shall be governed and construed according to the laws of Australia, without any regard to the conflict of laws principles. The parties agree to submit to the exclusive jurisdiction of the competent courts in Australia.
Severability
If any clause, provision, or part of this agreement becomes unenforceable or declared null and void by the competent courts, the impugned clause or provisions shall be severed to the extent of such unenforceability, and the remaining agreement shall survive and continue with full legal sanctity.
Changes to this Agreement
We may modify or replace this agreement at any time to reflect any changes in our business requirements or the applicable laws. However, if these terms and conditions are substantially modified, we will publish an update on this website and take appropriate measures to inform you regarding the policy changes. Please regularly visit this page to stay updated.
Once any such policy change notification is published, the modified agreement shall replace and supersede all your previous agreements with WickArt. Clicking I Agree to policy changes or continued use of the Services on this website shall be deemed as your free and informed consent to accept and abide by the modified agreement.
Contact Us
If you have any questions or concerns, you can send your queries through the contact form being made available on this website or contact our support team at wickartcosmetics@gmail.com.