Terms and Conditions
BraveFace x Jessica Quinn Giveaway - Terms & Conditions of Entry 31 May 2023
Definitions
- The following definitions apply in these Terms and Conditions:
Chosen Participant means an individual chosen by the Winner to share the Prize with the Winner, provided the selected individual meets all Eligibility criteria outlined in these Terms and Conditions.
Entrant has the meaning given to that term in clause 2;
Entry Content means any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion;
Exclusions means the following goods or services that will not be provided by the Promoter to the Winner (nor provided to their Chosen Participant) as a part of the Prize:
- Airport and accommodation transfers, taxes and excess baggage charges;
- Meals or drinks other than those specified in the flight booking details;
- Visa and passport fees (if relevant);
- Travel insurance, vehicle insurance or any other type of insurance that may be considered necessary or appropriate to be held by the Winner or the Chosen Participant;
- All personal expenses;
- Any transfer flights, replacement flights or other type of travel necessary beyond the flights mentioned in the Prize;
- Any fines, fees penalties, payments or expenditure incurred while the Winner is using, enjoying or accepting the Prize; and
- Any other goods, services or costs that may be associated with the Prize but not described as a Prize.
For the avoidance of doubt, all of the above Exclusions are the responsibility of the Winner and their Chosen Participant, to arrange and bear the cost of, themselves (where relevant).
How to Enter: to enter the Promotion, each Entrant must complete the following steps during the Promotion Period:
- follow @braveface on Instagram; and
- tag @braveface and another valid Instagram account in the comment section of the Promotion Post or share the Promotion Post on each Entrant’s Instagram story that tags @braveface in that story, each of which is determined to be an Entry into the Promotion;
Each singular tag in the comment of the Promotion Post is equal to one Entry into the Promotion. Each singular share of the Promotion Post to the Entrant’s Instagram story is equal to five Entries into the Promotion. The Entrant’s Instagram profile must be set to ‘public’ for the duration of the Promotion.
Immediate Family Member means spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin;
Notification Date: the winner will be notified by 9 am 16 June 2023 in accordance with clause 17;
Number of Prizes: one Prize is available to be won under this Promotion;
Prize means all of the following individual goods that consist of:
- return flights for two people to either the Gold Coast or Ballina departing between July 2023 and February 2024 from a major City airport in the Winner’s country of residence (the departure and arrival location of the flight will be chosen by the Promoter at its sole and absolute discretion).
- Accommodation in Byron Bay provided by one of the two following options, being the one of lesser value chosen at the Promoter’s sole and absolute discretion:
- three (3) nights’ accommodation at Elements of Byron Bay in a standard room; or
- an Elements of Byron Bay gift voucher to the value of NZD$2,200 to solely contribute towards payment of the Winner’s accommodation at Elements at Byron Bay. Where option (b) is selected, notwithstanding any contrary terms in these Terms, the Winner may be asked to book their own accommodation at Elements of Byron Bay.
- $NZD500 to be used to hire a rental vehicle at either Gold Coast or Ballina provided in the form of Prezzy Cards;
- NZD$400 spending money provided in the form of Prezzy Cards;
- One (1) BraveFace Bundle; and
- Does not include any of the Exclusions.
The recommended retail price of the Prize will not exceed NZ$5,000 (including flights, accommodation, car rental value, spending money and the recommended retail value of the BraveFace Bundle). Flights and accommodation will be arranged and booked by the Promoter (unless otherwise agreed with the Promoter) and are subject to availability. Tickets will be issued on an Air New Zealand flight including “The Works” package. Accommodation type will be the Standard Studio Room or similar. The Promoter will not be responsible for any booking variations, cancellation, seat change or ticket change fee or requests made by the Winner or their Chosen Participant (regardless of whether these are a result of Covid-19, lockdowns in either New Zealand or Australia or any other reason including but not limited to reasons affecting the Winner’s ability to travel, a change of mind by the Winner or their Chosen Participant or any other reason that is not the control of the Promoter). Flights and accommodation must be arranged and booked (with the Promoter), with a departure date between July 2023 and February 2024. The Winner is responsible for organising their own transport to and from the flight departure and arrival location(s) and for reserving a rental vehicle for use during their trip.
Promoter means Douglas Pharmaceuticals Limited, Central Park Drive, Lincoln, Auckland 0610, New Zealand;
Promotion means this competition run by the Promoter in respect of the Prizes;
Promotion Post means the Instagram post relating to the Promotion as posted on the Instagram account @jessicaemilyquinn in collaboration with the Instagram account @braveface;
Promotion Period means the duration of the Promotion, commencing 6pm on Wednesday 31 May 2023 and ending at 11.59pm on Wednesday 14 June 2023.
Value means the total value per Prize, being no more than NZD$5,000;
Winner means the Entrant that is the recipient of the Prize under the Promotion, determined in accordance with the Winning Method; and
Winning Method means the way the Winner is determined, being by a game of chance where the Winner is selected by a random generator from the all the supplied and eligible Entries, by the Promotor in Auckland New Zealand.
Eligibility
- To be eligible to enter and win the Promotion, entrants must be a New Zealand or Australian resident or citizen being 18 years of age (Entrant). The Chosen Participant must be a New Zealand or Australian resident or citizen but no requirement to be over the age of 18.
- Employees (and their Immediate Family Members) of the Promoter, and any companies, agencies or persons associated with this Promotion, are ineligible to enter.
- Entrants must have and maintain a valid Instagram profile throughout the Promotion Period and until the Winner is announced.
- Entrants must take full responsibility for their Entry Content and for ensuring that their Entry complies with these Terms and Conditions and other applicable laws.
- Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms and Conditions as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during the entry process for the Promotion.
- An Entrant’s Entry Content must not include:
(a) any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
(b) any content that contravenes any law, infringes the rights of any person or animal or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
(c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the Entrant is entitled to do so. If an Entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, each Entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms and Conditions.
How to Enter
- The Promotion continues for the Promotion Period.
- To enter the Promotion Entrants must, during the Promotion Period, complete the steps set out at the front of these Terms described as “How to Enter”.
- Any Entrant may enter the Promotion as many times as they want during the Promotion Period. Only one eligible Entry per Entrant may win (subject to the Number of Prizes set out at the front of these Terms).
- Entries may only be submitted in accordance with the entry requirements set out in these Terms and Conditions and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted. Once submitted, Entries may not be altered or deleted.
- Entries must be received by the Promoter during the Promotion Period.
Prizes
- Entrants will be eligible to win the Number of Prizes set out at the front of these Terms.
- The Prize must be taken as offered. Prizes, or any unused portion of a Prize, are non-refundable, not transferable and not exchangeable for cash or services or any of the Promoter’s or Prize providers’ other products or services. If a Prize (or part of a Prize) is unavailable, the Promoter, in its absolute discretion, reserves the right to substitute the Prize (or that part of the Prize) with a Prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
- The Promotor will arrange for the Prize to be shipped out to the Winner’s address (where applicable) or emailed to the Winner’s nominated email address, once the Winner has been verified and a valid residential or email address has been supplied.
Judging
- The Winner will be selected in accordance with the Winning Method set out at the front of these Terms.
- The Winner will be determined following the end of the Promotion Period at Central Park Drive, Lincoln 0610, Auckland, New Zealand or otherwise at a location to otherwise be determined by the Promoter.
- The winner will be announced on the Promoter’s Instagram on the Notification Date. The winner has 24 hours to claim the Prize by sending their contact details to the Promoter in a direct Instagram message. If the Prize is not claimed within 24 hours of the comment, the Promoter reserves the right to select another winner using the Winning Method. Relevant details of the Prize will be emailed to the email address provided by the Winner.
- The name of the Winner may be published on the Promoter's Instagram account.
- The winning Entry will be awarded a prize in accordance with the details of the Prize set out at the front of these Terms and in clause 13.
- If the winning entry is deemed not to comply with these Terms and Conditions, the non-complying entry will be discarded and the next best entry (in the Promoter's sole discretion) will be the winner.
- The outcome of the Promotion is final and binding and no correspondence will be entered into.
Covid-19 Restrictions
- This Promotion is subject to any changes in the Covid-19 restrictions imposed in either New Zealand or Australia, and the Winner’s (and their Chosen Participant’s) ability to travel on the dates and in the manner the Promoter has purchased the Prize (as relevant).
- If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter (including as a result of Covid-19 or lockdowns in either New Zealand or Australia), the Promoter reserves the right, in its sole discretion: (a) to disqualify any Entrant; or (b) modify, suspend, terminate or cancel the Promotion, as appropriate.
- The Promoter will not be responsible for any costs associated with any booking variations, cancellation, seat change or ticket change fee incurred as a result of Covid-19, restrictions imposed in New Zealand or Australia or as a result of any other reason, including but not limited to the Winner or their Chosen Participant’s (as relevant) change of mind.
Facebook / Instagram Promotions
- The Promotion is conducted via Instagram, Facebook or Meta (as applicable). Accordingly, all Entrants agree to the following conditions:
(a) Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram;
(b) Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to Facebook or Instagram;
(c) any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to Facebook or Instagram; and
(d) Entrants release Facebook Inc and its associated companies from all liability arising in respect of the Promotion.
General
- Participation in this Promotion is deemed acceptance of these Terms and Conditions.
- The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries. The Promoter, their employees and agents are not liable for any loss of, damage to or delay in delivery or use of the Prize.
- Entrants consent to the Promoter using the Entrant’s Entry Content, and/or the Entrant's name, likeness, image and/or voice in the event that they are a winner (including photograph, video, and/or audio recording) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- Entrants are responsible for ensuring that any information provided as part of their entry is complete and correct. Incomplete, incorrect, indecipherable, illegible or late entries will be invalid.
- Winners must, if requested by Promotor, produce proof of identity, age and place of residence. If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.
- If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter (including as a result of Covid-19, government imposed restrictions in New Zealand or Australia), the Promoter reserves the right, in its sole discretion and to the extent permitted by law: (a) to disqualify any Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
- Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees under the Consumer Guarantees Act 1993 or similar consumer protection laws in New Zealand (Non-Excludable Guarantees). Except for any liability that cannot be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury and any loss or damage (including loss of opportunity), whether direct, indirect, special, contingent or consequential, arising in any way out of the following: (a) the Promotion; (b) any technical difficulties, equipment malfunction, access to or availability of websites and applications (whether or not under the Promoter’s control); (c) any fraud, theft, unauthorised access or third party interference; (d) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (e) any variation in Prize value to that stated in these Terms and Conditions; (f) any tax liability incurred by a winner or Entrant; or (g) taking or use of all or part of a Prize (including without limitation any loss, damage, injury or death resulting from an accident).
- The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and, as required, to New Zealand regulatory authorities. Entry is conditional on providing this information which will be handled in accordance with the Promoter’s Privacy Policy available at www. braveface.com. Entrants can request access and correction of their personal information by contacting info@hellobraveface.com.
- If the Entrant has consented (opted-in) to receive electronic commercial messages from the Promoter, the Promoter may, for an indefinite period, unless and until otherwise advised by an Entrant to the contrary (e.g. through the use of an unsubscribe facility), use the Entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic commercial messages (e.g. email, SMS, MMS and IM) or telephoning the Entrant.
- All entries become the property of the Promoter (including any intellectual property in an entry) and will not be returned.
- The Promoter (including its officers, employees and agents) excludes all liability (including negligence) for claims, losses (including loss of opportunity), damages, injuries, costs and/or expenses, whether direct, indirect, special or consequential, suffered, sustained or incurred as a result of, or arising in any way out of, or in any way connected with, the Promotion or any Prize, except for any liability that cannot be excluded by law (in which case that liability is limited to the greatest extent allowed by law). The Entrant releases and agrees to keep the Promoter indemnified and held harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) suffered or incurred by the Promoter arising out of the Entrant’s: (a) participation in the Promotion; (b) taking or use of all or part of a Prize; and (c) any claim by a third party arising from an act or omission by the Entrant.
- The Promoter is not liable for any failure to comply with these Terms and Conditions. If a provision in these Terms and Conditions is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required in this clause, that provision is to be severed to the extent necessary without affecting the validity or enforceability of the remaining part of that provision or the other provisions in these Terms and Conditions, and the rest of these Terms and Conditions remains in full force and effect.
- The Promoter reserves the absolute right to change these Terms and Conditions at any time and any such change will be updated and notified on the Promoter’s website.
- These Terms and Conditions constitute the entire agreement between the Entrant and the Promoter as to its subject matter. The Promoter’s decision regarding all aspects of this Promotion is final and no correspondence will be entered into.
- The Terms and Conditions of this Promotion are governed and construed in accordance with the laws of New Zealand and each Entrant hereby submits to the exclusive jurisdiction of the Courts of New Zealand.
- All references to time and dates in these Terms and Conditions refer to the relevant time and date based on New Zealand time.
WEBSITE OVERVIEW
This website is operated by BraveFace. Throughout the site, the terms “we”, “us” and “our” refer to BraveFace. BraveFace 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.
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 unauthorised 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 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
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 - PRODUCTS OR SERVICES (if applicable)
Certain 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 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 at the store. 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 anytime 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 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 restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole 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 made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - 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.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
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 any third-party websites. Please review carefully 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 – CONSUMER GUARANTEES ACT
We are committed to protecting your rights under the Consumer Guarantees Act. Nothing in these Terms excludes or limits our liability for our fraud or fraudulent misrepresentation, or for liability or obligations under the Consumer Guarantees Act 1993 or any other losses or damages to the extent which they may not be lawfully excluded or limited by applicable law.
You acknowledge that the Consumer Guarantees Act 1993 or any equivalent consumer protection legislation will not apply where you purchase any products or services for the purposes of a business.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. For more information please refer to our Privacy Policy.
SECTION 11 - 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 12 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, 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 13 - 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.
In no case shall BraveFace, 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 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BraveFace, Douglas Pharmaceuticals, and our affiliates, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms 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 16 - 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 17 - 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.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
SECTION 19 - 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 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@hellobraveface.com.