Terms of service

OVERVIEW

This website is operated by Moonlight Lashes. Throughout the site, the terms "we", "us" and "our" refer to Moonlight Lashes.

Moonlight Lashes provides this website, including all information, tools, and services available from this site to you, the user, on the condition that you accept all terms, conditions, policies, and notices stated here.

By visiting our site and or purchasing something from us, you use our "Service" and agree to be bound by these Terms of Service. These Terms apply to all users of the site, including browsers, customers, vendors, merchants, and contributors of content.

Please read these Terms of Service carefully before using our website. If you do not agree with all of the terms and conditions in this agreement, you must not access the website or use any services.

Any new features or tools added to the store will also be subject to these Terms of Service. You can review the most current version of the Terms at any time on this page. We may update or change these Terms by posting a revised version on the site. Your continued use of the website after any changes are posted means you accept those changes.

Our store is hosted on Shopify Inc. They provide the online ecommerce 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 confirm that you are at least the age of majority in your state, territory, or country of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.

Moonlight Lashes products are created for professional use only. You must be a trained and certified lash technician to purchase and use our products. Our products are not intended for personal, at home, or untrained use. By using our site and purchasing from us, you confirm that you are a professional lash artist or purchasing on behalf of one.

You must not use our products for any illegal or unauthorised purpose. You must not violate any laws in your jurisdiction in connection with the use of the Service, including copyright laws.

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

Any breach of these Terms may result in immediate termination of your access to the Service.

SECTION 2: GENERAL CONDITIONS

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

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform to technical requirements of connecting devices or networks. 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, any use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

Headings used in this agreement are for convenience only and do not limit or affect these Terms.

SECTION 3: ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is not accurate, complete, or current. The material on this site is for general information only and should not be relied on as your only source for making decisions. You should consult primary, more accurate, or more complete sources of information before acting.

Any reliance on material on this site is at your own risk.

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

SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without prior notice.

We may modify or discontinue the Service, or any part or content of the Service, at any time without notice.

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

SECTION 5: PRODUCTS OR SERVICES

Some 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 under our Return Policy.

We make every effort to display product colours and images as accurately as possible. We cannot guarantee that your device screen will display any colour accurately.

We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case by case basis.

We may limit quantities of any products or services that we offer. All descriptions of products and pricing are subject to change at any time without notice. We may discontinue any product at any time. Any offer for a product or service on this site is void where prohibited.

We do not guarantee 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 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These limits may include orders placed under the same customer account, the same credit card, and or orders using the same billing or shipping address.

If we change or cancel an order, we may try to notify you using the email, billing address, or phone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases at our store. You agree to update your account information, including your email address and payment details, so we can complete transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7: OPTIONAL TOOLS

We may provide access to tools from third parties that we do not monitor and do not control.

You acknowledge that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind and without endorsement. We are not liable for any issues arising from or relating to your use of optional third party tools.

Any use of optional tools is entirely at your own risk. You should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party providers.

We may also offer new services or features through the website in the future. These will also be subject to these Terms of Service.

SECTION 8: THIRD PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third party sites, and we do not warrant or assume liability for any third party materials, websites, products, or services.

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 third party websites. Please review the third party’s policies and practices and make sure you understand them before you engage in any transaction.

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

SECTION 9: USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you send submissions to us, whether at our request or not, including ideas, suggestions, proposals, plans, or other materials, you agree that we may at any time edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you send to us.

We are under no obligation to:

Maintain any comments in confidence
Pay compensation for any comments
Respond to any comments

We may, but are not required to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You agree that your comments will not contain unlawful, abusive, or obscene material, or contain any virus or malware that could affect the operation of the Service or any related website.

You must not use a false email address, pretend to be someone else, or mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no liability for any comments posted by you or any third party.

SECTION 10: PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11: ERRORS, INACCURACIES, AND OMISSIONS

From time to time there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, 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 and without prior notice, including after you have submitted your order.

We do not undertake to update, amend, or clarify information in the Service or on any related website except as required by law.

SECTION 12: PROHIBITED USES

In addition to other prohibitions in these 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 unlawful acts
c. To violate any international, federal, state, territorial, or local regulations, rules, or laws
d. To infringe upon our intellectual property rights or the 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 malicious code that may affect the functionality or operation of the Service, 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
k. To interfere with or bypass the security features of the Service, 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 prohibited use.

SECTION 13: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that your use of the 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 we may remove the Service for periods of time or cancel the Service at any time without notice.

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 where expressly stated otherwise by us, provided "as is" and "as available" without any representation, warranties, or conditions of any kind, either express or implied. This includes implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non infringement.

In no case shall Moonlight Lashes, 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. This includes lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, or otherwise, arising from your use of the Service or any products purchased through the Service.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

SECTION 14: INDEMNIFICATION

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

SECTION 15: SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by law. The unenforceable portion will be deemed severed from these Terms. This decision will not affect the validity and enforceability of any remaining provisions.

SECTION 16: TERMINATION

Obligations and liabilities incurred by the parties before the termination date survive the termination of this agreement.

These Terms of Service remain in effect unless ended by you or by us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If we believe that you have failed to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services.

SECTION 17: ENTIRE AGREEMENT

These Terms of Service and any policies or rules posted by us on this site or in respect to the Service make up the entire agreement and understanding between you and us and govern your use of the Service. They replace any prior or current agreements, communications, and proposals, whether oral or written, between you and us, including any previous versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service will not be interpreted against the drafting party.

SECTION 18: GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you Services are governed by and interpreted in accordance with the laws of Australia.

SECTION 19: CHANGES TO TERMS OF SERVICE

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

We may 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 this page for changes. Your continued use of our website or the Service after changes are posted means you accept those changes.

SECTION 20: CONTACT INFORMATION

Questions about the Terms of Service can be sent to:

Email: moonlightlashesaud@gmail.com