If any of these Terms are unclear, please email us at info@skelp.com.au  

OVERVIEW  

This website is operated by Frostbland Pty Limited (ABN 72 000 082 217) trading as SKELP! (collectively referred to as “skelp!, SKELP!”, SKELP, “SKELP! Haircare”, “we”, “us” or “our”). Throughout the site, the terms “skelp!, SKELP!”, SKELP, “SKELP! Haircare” “we”, “us” and “our” refer to SKELP!. SKELP! 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.  

These terms and conditions, our Privacy Policy, any other terms and conditions and policies that you may find on the Site (such as our Returns Policy) and any applicable laws or regulations (collectively, Terms) govern your use of, and access to, the Site, our related websites and social media channels, and the products and services provided therein, regardless of your means of access. 

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.  Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.  Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.  Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.  

SECTION 1: ONLINE STORE TERMS  

By agreeing to these Terms of Service, you
represent that you are at least the age of majority in your state or province
of residence, or that you are the age of majority in your state or province of
residence, and you have given us your consent to allow any of your minor
dependents to use this 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.  

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

SECTION 2: GENERAL CONDITIONS  

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.  

You agree not to reproduce, duplicate, copy, sell,
resell, or exploit any portion of the Service, use of the Service, or access to
the Service or any contact on the website through which the service is
provided, without express written permission by us.  

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

SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION  

We are not responsible if information made
available on this site is not accurate, complete, or current. The material on
this site is provided for general information only and should not be relied
upon or used as the sole basis for making decisions without consulting primary,
more accurate, more complete, or more timely sources of information. Any
reliance on the material on this site is at your own risk.  

This site may contain certain historical
information. Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right to modify the contents
of this site at any time, but we have no obligation to update any information
on our site. You agree that it is your responsibility to monitor changes to our
site.  

SECTION 4: MODIFICATION TO THE SERVICE AND PRICES 

Prices for our products are subject to change
without notice. 

We reserve the right at any time to modify, remove
and/or discontinue any part of these Terms, the Service, content of the Site
(or any part or content thereof) without notice at any time.  

Any changes are effective immediately upon posting
to, or removal from, the Site. Your continued use of the Site thereafter
constitutes your acceptance of any changes to the Site or Terms. If you do not
agree to any change, then you must immediately stop using the Site. 

We shall not be liable to you or to any third-party
for any modification, price change, suspension, or discontinuance of the
Service.  

SECTION 5: PRICES 

All prices listed on the site are displayed in
Australian dollars (AUD) and are inclusive of any Australian Goods and Services
Tax (as applicable). 

Unless we otherwise agree in writing, the price
charged and payable for the Goods and/or Services shall be the price in
Australian dollars together with any applicable taxes, Charges and delivery
costs regarding the Goods and Services.   

Prices are subject to change without notice, effective
immediately upon posting to the Site(s) or other form of
notification.  

The prices indicated may be changed at any time
without advance notice. However, the products shall be charged at the rate in
force when the customer’s order was validated. 

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 customer
also warrants that this card gives access to sufficient funds corresponding to
the amount of the order.  Failing this, we reserve the right to cancel the
sale according. We are under no obligation to ship any goods ordered until
payment for those goods has been received.  

SECTION 6: PRODUCTS OR SERVICES (if applicable)  

Products may have limited quantities and are
subject to return or exchange only according to our Return Policy.  

We have made every effort to display as accurately
as possible the colours and images of our products that appear online. We
cannot guarantee that your computer monitor's display of any colour will be
accurate.  

We reserve the right, but are not obligated, to
limit the sales of our products or Services to any person, geographic region,
or jurisdiction. We may exercise this right on a case-by-case basis. We reserve
the right to limit the quantities of any products or services that we offer.
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.  

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.  

SECTION 7: SHIPPING 

Shipping of orders is governed by our Shipping Policy  

SECTION 8: INTELLECTUAL PROPERTY RIGHTS 

In this document: 

Content means any materials or content that
contribute to the existence and the ‘look and feel’ of the Site, including
information, graphics, headers, icons, images, logos, names, sounds, music,
video, audio, text, software, HTML and code; and 

Intellectual Property Rights includes patents,
rights to inventions, copyright, trade marks, trade names and domain names,
rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including
all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world. 

The Site, Content and all Intellectual Property
Rights comprised in the Site and Content are owned by us, or in some cases, our
affiliates, partners or licensors. The Intellectual Property Rights may be
protected by Australian and international laws. 

You are not granted any rights, including any
Intellectual Property Rights, in relation to, or permitted to use, any part of
the Content or Site, other than as expressly authorised by us, our third-party
licensors or applicable laws, such as the Copyright Act 1968 (Cth). 

Any unauthorised publication, reproduction,
exploitation distribution, duplication, copying, including to another server or
location, sale, access, modification or use of any part of the Site or Content
is prohibited. Without limiting the foregoing, you are permitted to make 1 copy
of the Content for your personal use. 

We make no representations or warranties about
whether your use of the Site or Content will, or will not, infringe any
Intellectual Property Rights, including those of SKELP! or any third
party. 

SECTION 9: OPTIONAL TOOLS  

We may provide you with access to third-party tools
over which we neither monitor nor have any control nor input.  

You acknowledge and agree that we provide access to
such tools “as is” and “as available” without any warranties, representations,
or conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional
third-party tools.  

Any use by you of optional tools offered through
the site is entirely at your own risk and discretion and you should ensure that
you are familiar with and approve of the terms on which tools are provided by
the relevant third-party provider(s).  

We may also, in the future, offer new services
and/or features through the website (including, the release of new tools and
resources). Such new features and/or services shall also be subject to these
Terms of Service.  

SECTION 10: THIRD-PARTY LINKS 

We may include hyperlinks on the Site to other
websites, platforms or resources operated by third parties (Third Party Sites).
We are not responsible for examining or evaluating the content or accuracy of
any Third Party Sites linked to or from the Site, nor are we responsible for
the availability of Third Party Sites, and we do not endorse and are not
responsible or liable, directly or indirectly, for the privacy practices or the
content of any Third Party Sites, including any offerings, advertising,
products or other materials or services on or available from such websites or
resources, nor for any other transactions, harm, damage, loss or offence caused
or alleged to be caused by, or in connection with, the use of or reliance on
any such content, goods or services available on such external websites or
resources.  

You should make your own reasonable enquires
regarding the content of Third-Party Sites. Your linking to or from the Third
Party Sites is at your own risk. You should carefully review the terms and
conditions and privacy policies of all Third-Party Sites that you visit.
Reference to any product, service or other information by trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement, sponsorship, or
recommendation thereof by us. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party. 

SECTION 11: USER COMMENTS, REVIEWS, FEEDBACK AND
OTHER SUBMISSIONS 

Throughout the use of the site users may be invited
to review certain products, or request information in relation to products or
participate in forums (‘Content’). If you do submit such Content, you grant us
permission and agree that we may at any time without restriction use, reproduce
(in any medium), modify, and publish that content in a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to
exercise and use the User Content (and all intellectual property rights
contained therein), including in all media now known or not currently
known. 

By submitting Content, you represent and warrant
that: (a) you understand that you are participating in a public forum and that
your Content will be available to all other users of the site; (b) you are the
sole author and owner of the intellectual property and other rights thereto (or
have the necessary licenses, rights, consents and permissions to use and
authorise us to use all intellectual property and other rights thereto to
enable inclusion and use of the Content in the manner contemplated by the site
and these terms and conditions; (c) you waive any and all existing and future
moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content; (d)
all Content that you post is accurate; (e) You are at least 18 years old or, if
you are a minor, that you have obtained the consent of your parent or legal
guardian to use the site and agree to these terms and conditions; and (e) that
the Content you supply does not violate these terms and conditions and will not
cause injury to any person or entity. 

You also represent and warrant that any Content you
submit: (a) is not false, inaccurate or misleading; (b) does not harm minors;
(c) does not infringe any copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy of any person or entity;
(d) does not violate any obligations you may have with respect to such Content
under any law or under contractual or fiduciary relationships (such as, but not
limited to, inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements); (e) does not violate any law (including, but not limited to, those
governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising); (f) is not, or would not reasonably
be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive
of another's privacy, hateful, racially or religiously biased or offensive,
abusive, tortious, threatening or harassing to any individual or any business;
(g) does not include any information that references other websites, addresses,
email addresses, contact information or phone numbers; (h) is not submitted for
compensation or other consideration from any third party; (i) is not
unsolicited or unauthorised advertising, promotional materials or any other
form of solicitation; and (j) does not contain any computer viruses, worms or
other potentially damaging computer programs or files. Users must not post
Content which seeks to impersonate any person or entity, including, without
limitation, any SKELP! personnel, or to falsely state or otherwise misrepresent
its affiliation with a person or entity. Users may not use the site to collect
or store personal data about other users. 

We reserve the right to not post a review or to
withdraw a posted review for any reason. A review posted by a user will be
excluded if it violates the Agreement regarding submission of Content. 

User reviews of products in no way represent the
views or opinions of SKELP! or its owners, shareholders, employees, or others,
but are the sole product of its creator. SKELP! disclaims all liability with respect
to the Content. 

SECTION 12: COMPETITIONS  

We may run competitions through its site, or
through social media. Your participation in those competitions will be subject
to these terms and conditions and any terms and conditions of the competition.  

SECTION 13: PERSONAL INFORMATION  

Your submission of personal information through the
store is governed by our Privacy Policy. Please refer to our Privacy Policy for further information about
how we use your personal information. By accepting these Terms, you acknowledge
that you have read and accept the terms in our Privacy
Policy. 

SECTION 14: ERRORS, INACCURACIES AND
OMISSIONS  

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 reserve the right to
correct any errors, inaccuracies, or omissions, and to 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).  

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. No specified update
or refresh date applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on any related website
has been modified or updated.  

SECTION 15: 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.  

SECTION 16: 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. 

You agree that from time to time 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. 

In no case shall SKELP!, 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. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law. 

SECTION 17: INDEMNIFICATION  

You agree to indemnify, defend and hold harmless
SKELP! 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
solicitors’ 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. 

SECTION 18: 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.  

SECTION 19: BREACH AND 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). 

SECTION 20: FORCE MAJEURE  

We shall not be responsible for any delay,
suspension or failure arising out of any circumstances outside of our
reasonable control, including acts of God, governmental actions, including any
government imposed shutdown or closure, a change in applicable law, riots, vandalism,
strikes, lockouts or other labour difficulty, war or national emergency,
pandemic, epidemic, quarantine or other widespread or serious threat to human
health (including an outbreak or recurrence), acts of terrorism, fire,
explosion, flood or other natural disaster, an act or omission of a third
party, inability to obtain any necessary materials, equipment, facilities or
services, the failure of performance provided by others, internet interruption
or virus, accidents or breakdown of plant, machinery, software, hardware or
communication network and failure or shortage of power supplies or other
essential utility. 

SECTION 21: ENTIRE AGREEMENT  

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.  

Any failure to enforce any of our rights does not
constitute a waiver of those rights. 

SECTION 22: GOVERNING LAW  

The Terms are governed by the laws of New South
Wales, Australia. You agree to submit to the exclusive jurisdiction of the
courts exercising jurisdiction in New South Wales, Australia. 

SECTION 23: CHANGES TO TERMS OF SERVICE  

You can review the most current version of the
Terms of Service at any time at this page.  

We reserve the right, at our sole discretion, to
update, change or replace any part of these Terms of Service by posting updates
and changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website or the
Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.  

SECTION 24: CONTACT  

Questions about the Terms of Service should be sent
to us at info@skelp.com.au