TERMS AND CONDITIONS

 This website (Website ) is owned and operated by Shine (Aust) Pty Ltd. (Shine ) Your access to the Website is conditional upon you accepting and complying with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website, including the Privacy Policy and Collection Statement (Terms and Conditions ), as well as all applicable laws. By using this Website or by participating in any interactive activity offered on this Website, you agree to be bound by these Terms and Conditions, including where they may have been modified.

1.     Registration and Passwords

Registration is not required to browse the Website.

2.     Website Content and Intellectual Property

a.      The intellectual property rights, including copyright, in all material, information, graphics, text, software and advertisements (if any) on the Website (Content) are owned and/or controlled by Shine (and where appropriate its suppliers and/or licensors) unless stated expressly to the contrary on the Website.

b.      All Content is protected by Australian and international copyright and trademark laws.

c.      You must not download, upload to a third party, copy, modify, reproduce, republish or otherwise in any way deal with this Content in any way except for your personal non-public and non-commercial use in exactly the same form or as specifically permitted in writing by Shine or any relevant third party.

d.      You must have Shine’s written permission to use any of the Content (including any of Shine’s logos or trade marks) in any way whatsoever including to link from another website to the Website.

3.     Website Security and Integrity

You agree that you will not circumvent the Website’s security features, corrupt any Content or files on or obtained from the Website, interfere with or in any way disrupt Shine’s services or servers, or networks connected to Shine’s service or servers or otherwise violate any applicable law or regulation or these Terms and Conditions.

4.     Linked Sites

a.      This Website may provide links to other websites, but if you access other websites through these links you do so at your own and sole risk.

b.      Shine is not responsible for, nor does it endorse, review or control, any content, advertising, products, services or other materials on or available through such sites, nor is it responsible for any viruses, malicious or invasive code, or other items of potentially destructive nature that they may contain. To the extent permitted by law, Shine disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.

c.      Any correspondence or business dealings with any third party via the Website, including any payments, are a matter solely between you and the third party responsible for the third-party website.

d.      Shine will not be responsible or liable for any loss or damage of any sort arising out of such dealings or as a result of any link to any other site from this Website.

e.         Features and information of third party suppliers, third party products and/or services described or depicted on the Website, or available for enquiry or application through Website hyperlinks, including, without limitation, availability and descriptions of products or services as displayed on the Website and via Website hyperlinks are subject to change at any time without notice. 

f.          Materials and third party logos, brands and trade names displayed on the Website are either the property of, or used with permission by, Shine. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Website or specific permission is obtained from the third party owners. Any unauthorised use of images and third party logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy, and civil and criminal statutes. 

5.     Disclaimer

a.      The Website is not provided to you as a service and all Content is provided "as is" and, to the fullest extent permitted by law, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement. You agree that your use of this Website and any of its Content is entirely at your own risk.

b.      Shine does not warrant that your access to the Website or any functions it contains will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components.

c.      Shine does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked Websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

d.      Shine and any related corporation (including their respective directors or employees) will not, under any circumstances (including but not limited to any act or omission on their part), be liable for any indirect, incidental, consequential, special and/or consequential damages or loss of profits whatsoever or exemplary damages (even if they are foreseeable or if Shine has been advised or are deemed to have constructive knowledge of the possibility of such damage) which result from any use or access of, or any inability to use or access, the Website or any of the Content.

e.         If you send any communications or materials or content (of any nature) to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Shine or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, by sending or placing any such information, you grant to Shine an irrevocable, perpetual, unrestricted, royalty-free worldwide licence to use, copy, sublicense, modify, redistribute or otherwise deal with such information or materials or content including, without limitation, any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.

f.          Although Shine may from time to time monitor or review uploads, discussions, chats, postings, transmissions, bulletin boards and the like that may be included from time to time on the Website, Shine is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. By accessing and browsing the Website, you agree that you shall indemnify, and keep indemnified, Shine from and against any claim, action, damage, loss, liability, cost, payment, charge or expense including but not limited to consequential loss, economic loss and legal expenses (calculated on a solicitor/client basis) suffered or incurred by Shine arising out of any claim or action that results from your accessing and use of the Website or in connection with any breach by you of these Website Terms and Conditions.

g.         Shine will fully cooperate with any law enforcement authorities or court order requesting or directing Shine to disclose the identity of anyone posting such materials. In addition, you will not:

 I.         Restrict or inhibit any other user from using or enjoying the Website;

II.         Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or

III.         Download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner.

 h.         The Website is not intended for persons who are under the age of sixteen (16) years old. Persons under age sixteen (16) may only use our Websites with the involvement and consent of a parent or legal guardian.

i.      The Website and Shine’s agents, licensees, officer, directors, shareholders and employees, shall not be liable for any all injuries, actions, claims liabilities, damages, losses, costs or expenses, including reasonable independent legal fees, arising as a result of your use or that of your child of the Website.

j.       Shine does not represent that the Content on the Website is appropriate or available for use in all countries.

k.      Shine reserves the right to change this Website in any way, including the right to modify, terminate, close and/ or suspend the Website and/or refuse service to you at any time without notice for any reason.

l.  Any costs associated with accessing this Website remain your responsibility and are dependent on the service provider used.

6.     Privacy
Any personal or other information submitted by you to the Website or otherwise to Shine is subject to Shine’s Privacy Policy. 

7.     Social media platforms
The Website may, from time to time, contain social media links, applications or features. The use of any social media platforms are subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media applications or features on the Website, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to this Website accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted this Website via the social media platform. Users are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Website. The Website is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

8. Miscellaneous

 a.  If any part of portions of these Terms and Conditions shall be declared invalid, void or enforceable, the remaining Terms and Conditions shall remain in force and effect.

b.  You are solely responsible for the compliance with all the applicable laws of the jurisdiction from which you are accessing the Website.

c.  These Terms and Conditions set forth the entire agreement between you and us relating to your access and use of the Website.

 d.  Shine may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions each time you visit the Website, you should therefore periodically visit this page, by clicking the Terms and Conditions link.

9. Governing Law
The Terms and Conditions are governed by the laws of New South Wales and subject to the non-exclusive jurisdiction of the courts of New South Wales.

10. Complaints
If you wish to make a complaint regarding content on the Website, please notify Shine by email to info@shineaustralia.com with ‘Complaint’ as the subject line or by post to the address noted below.

 11. Anti-spam Notice

Publication of electronic addresses on the Website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

12. Contact Us
All correspondence concerning the Terms and Conditions should be addressed to:

Business and Legal Affairs,
Shine Australia,
Suite 1 Upper Deck Jones Bay Wharf,
26-32 Pirrama Road
Pyrmont 2009