Terms of service

Overview

Welcome to Everyday Glam Touch! The terms "we", "us" and "our" refer to Everyday Glam Touch, an Australian sole trader business. Everyday Glam Touch operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Everyday Glam Touch is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. Nothing in these Terms of Service excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in the jurisdiction in which you reside, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Nothing in this section limits any consumer guarantee you have under the Australian Consumer Law that products will be of acceptable quality, fit for purpose, and match their description.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Everyday Glam Touch reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Everyday Glam Touch confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Everyday Glam Touch may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Returns Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 - Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All prices are listed in Australian Dollars (AUD) and are inclusive of GST where applicable. Prices do not include shipping, handling, customs or import charges unless otherwise stated.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store, and to promptly update this information as needed so we can complete your transactions and contact you.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use the payment method for the purchase, (iii) charges incurred by you will be honoured by your payment provider, and (iv) you will pay charges incurred at the posted prices, including shipping and handling charges and all applicable taxes.

Section 5 - Shipping and Delivery

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, risk of loss passes to you, except where the Australian Consumer Law provides otherwise.

Section 6 - Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product photography, and the design, selection, and arrangement thereof, are owned by Everyday Glam Touch, its affiliates or licensors, and are protected by Australian and international copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Unauthorised use of the Services may be a violation of intellectual property law. All rights not expressly granted herein are reserved by Everyday Glam Touch.

Everyday Glam Touch's names, logos, product names, designs, and slogans are the trade marks and brand assets of Everyday Glam Touch, whether registered or unregistered. You must not use these marks without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services are the trademarks of their respective owners.

Section 7 - Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over.

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. Any use by you of optional third-party tools is entirely at your own risk and discretion, and you should be familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.

Section 8 - Third-Party Links

The Services may contain hyperlinks to websites operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you choose to access these materials or sites, you do so at your own risk.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

Section 9 - Relationship with Shopify

Everyday Glam Touch is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Everyday Glam Touch. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Everyday Glam Touch, including any injury, damage, or loss resulting from purchased products. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Everyday Glam Touch.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read it.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. We also use Google Analytics to understand how customers use our Site, and may use Meta (Facebook/Instagram) tools to communicate with you and deliver relevant advertising. Information you submit to the Services may be transmitted to and shared with Shopify and these other third parties, which may be located in other countries than where you reside, including the United States. Review our Privacy Policy for full details on how we, Shopify, and our partners use your personal information.

Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may use this licence to operate, provide, evaluate, enhance, improve and promote the Services.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, pay compensation for it, or respond to it.

You agree that your Feedback will not violate any third party's rights, including copyright, trademark, or privacy rights, and will not contain unlawful, abusive, defamatory, or obscene material, or any virus or malware. You may not use a false identity or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change, update, or cancel orders if any information is found to be inaccurate, without prior notice, including after you have submitted your order.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You must not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, defame, or harm any person; (e) to transmit false or misleading information; (f) to send spam or unsolicited promotional material; (g) to impersonate any person or entity; or (h) to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that we determine may harm Everyday Glam Touch, Shopify, or other users.

You also agree not to: upload viruses or malicious code; reproduce, duplicate, or exploit any portion of the Services for resale; collect or track others' personal information; use scraping tools, bots, or automated or AI agents to access the Services without authorisation; or bypass or circumvent any security or access-control measures we employ. We reserve the right to suspend, disable, or terminate your account at any time if we determine you have violated these Terms.

Section 14 - Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates strictly in accordance with clause 14.4. No Agent may access the Services if we have requested it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) identify themselves as an Agent in all HTTP/HTTPS requests by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal that they are an Agent, including by mimicking human behaviour or bypassing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine if interactions come from a human or computer; and (iv) not circumvent any measure intended to control Agent access to the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services at our discretion at any time, and you will remain liable for all amounts due up to the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

Section 16 - Disclaimer of Warranties

The information presented on the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk.

Nothing in this section excludes, restricts, or modifies any guarantee, right, or remedy available to you under the Australian Consumer Law that cannot lawfully be excluded. To the extent permitted by law, and subject to your rights under the Australian Consumer Law, the Services and products offered through them are provided "as is" and "as available", without any warranties or conditions of any kind, express or implied, except as required by law. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Section 17 - Limitation of Liability

To the fullest extent permitted by law, and subject to your rights under the Australian Consumer Law, Everyday Glam Touch, its partners, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, will not be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, or loss of data, arising from your use of the Services or any products procured through them, whether based in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such damages.

Where a good or service supplied by us is not of a kind ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited, at our option, to the replacement, repair, or resupply of the goods or services, or payment of the cost of doing so.

Section 18 - Indemnification

You agree to indemnify, defend and hold harmless Everyday Glam Touch, Shopify, and our affiliates, partners, officers, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, and may control the defence and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims.

Section 19 - Severability

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed, without affecting the validity of the remaining provisions.

Section 20 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us, constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written.

Section 21 - Assignment

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.

Section 22 - Governing Law

These Terms of Service, and any separate agreements whereby we provide you Services, are governed by and construed in accordance with the laws of New South Wales, Australia. You and Everyday Glam Touch submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from those courts.

Section 23 - Headings

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

Section 24 - Changes to Terms of Service

You can review the most current version of these 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 to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

Section 25 - Contact Information

Questions about these Terms of Service should be sent to us at support@everydayglamtouch.com.au.

Email: support@everydayglamtouch.com.au

Website: everydayglamtouch.com.au

ABN: 74 302 316 527