TERMS OF USE

COSMAX PRESTIGE BRANDS PTY LTD. ABN 72 168 417 730, a licensed distributor of Shiseido products (“Shiseido”, “We”, “Our”, or “Us”) provides the cntent and services available on this website of [URL:https://www.shiseido.com.au] (“Website”) to you subjeco the following terms of use ("Terms of Use"). By accessing or using the Website, you are acknowledging that you have read, understood, and agreed, without limitation or qualification, to be bound by these Terms of Use, which include our Privacy Policy.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OPERATED BY SHISEIDO, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT USE THIS WEBSITE.

1. APPLICATION

These Terms of Use govern your access to, and use of, the Website and our provision of the content and services available on this Website. The Terms of Use as reflected on this Website is the current version. These Terms of Use may be changed time to time by posting its updated version on the Website or by sending an e-mail to our Shiseido online members. Your continued access to, or use of, the Website will be taken to be your agreement to and acceptance of any amendment made to these Terms of Use.
By using this Website, you acknowledge and agree that these Terms of Use, which include our Privacy Policy (and Shiseido Online Membership Policy, if you are an online member) constitute the complete and exclusive agreement between us concerning your access to, and use of, the Website, and supersede and govern all prior proposals, agreements, or other communications.

2. PRIVACY AND OTHER TERMS

Please review our Privacy Policy, which also governs your visit to the Website, so that you may understand our privacy practices.

⇒⇒ SEE PRIVACY POLICY

If you are a Shiseido online member, please also review our Shiseido Online Membership Policy, which also forms part of the Terms of Use.

3. ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products on the Website.
However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, or other content available on the Website are accurate, complete, reliable, current, or error-free.

4. INTELLECTUAL PROPERTY

All content available on the Website, including but not limited to, texts, graphics, photographic images, moving images, logos, button icons, illustrations, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the "Content") are the property of Shiseido, our parent company Shiseido Company Limited, and/or our affiliates, partners, or licensors. They are protected under the applicable laws, including the laws of the states and territories of Australia, and international copyright laws.
Without limiting the generality of the above, the trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of Shiseido Company Limited, and/or its affiliates, partners or licensors, and are protected by under the applicable laws, including the trade mark laws of Japan and Australia.
Except as required under applicable law, none of the Content, Trademarks, or any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without Shiseido's prior written consent.

5. YOUR OBLIGATIONS AND RESPONSIBILITIES

In the access or use of the Website, you shall comply with these Terms of Use and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage Shiseido or its products or services or personnel. No unsolicited E-mail (spam) may be directed to or through this Website.
Users may not use this Website in order to transmit, distribute, store or destroy any material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or other personal rights of others; or (c) that is libelous, obscene, threatening, abusive or hateful.
IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS OF USE (INCLUDING OUR PRIVACY POLICY AND, IF YOU ARE AN ONLINE MEMBER, OUR Shiseido Online Membership Policy), YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO SHISEIDO, OUR PARENT COMPANY SHISEIDO COMPANY LIMITED, AND/OR OUR AFFILIATES, PARTNERS OR LICENSORS.

6. YOUR ACCOUNT / MEMBERSHIP

You may choose to register for an account on the Website. If you do, you will have a user name and password for your account. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer to safeguard such confidentiality and prevent any misuse of your membership. You agree to accept responsibility for all activities that occur under your user name and password. You agree to provide only accurate and truthful information. We reserve the right to refuse service and/or terminate your account without prior notice if you violate these Terms of Use or if we decide, in our sole discretion, that it would be in Shiseido' s best interests to do so. If you want to be an online member, please consent to the SHISEIDO ONLINE MEMBERSHIP POLICY.

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⇒⇒ SEE SHISEIDO ONLINE MEMBER POLICY

7. MEMBER PARTICIPATION

This Website enables you to submit your own opinions or comments for product reviews, blogs, and other functions.
Shiseido may, but is not obligated to, monitor or review any areas on the Website where users submit or post opinions or comments or communicate solely with each other, including but not limited to product reviews, blogs, and other functions, and the content of any such communications.
Shiseido will have no liability related to the content of any such communications to the extent permitted under the laws of the states and territories of Australia.
However, Shiseido reserves the right to block or remove communications or materials that it determines to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or other intellectual property right of another; (d) violates any law or regulation; and/or (e) offensive or otherwise unacceptable to Shiseido at its sole discretion. Note that any personal information you may post or transmit will be treated by Shiseido in accordance with Shiseido's Privacy Policy.

⇒⇒ SEE PRIVACY POLICY

8. SUBMISSIONS

Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us, other than your personal information as discussed in the Privacy Policy, will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of information may not be returned and we may use your submission, and any ideas, concepts, or know-how contained therein, for any purpose, including, without limitation, developing, manufacturing, distributing and marketing products.

9. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE OR THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) ARISING FROM OR IN RELATION TO THE WEBSITE OR ITS USE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold Shiseido, our parent company Shiseido Company Limited, and/or our affiliates, officers, employees, agents and licensors harmless for any loss, damages, claims, fines, penalties or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your (or anyone acting under your user name and password) access to, and use of, the Website, any user content made available on the Website or breach of these Terms of Use. You also agree to indemnify Shiseido for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

10. THIRD PARTY LINKS

Shiseido has no responsibility and assumes no liability for the unaffiliated sites to which it is linked.

11. GOVERNING LAW AND DISPUTES

Any interpretation and application of the Website and these Terms of Use shall be governed by the laws of the states and territories of Australia. Any dispute in relation to the Website, all rights and obligations and all actions contemplated by these Terms of Use shall be submitted to the exclusive jurisdiction of the courts of New South Wales or other state or territory as appropriate.

Date: August 22, 2014