Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE AND MAKING A PURCHASE. BY ACCESSING AND USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES.


OVERVIEW

Welcome to CALISTE's  (referred to herein as “CALISTE”, “we”, “us”, or “our”) Terms and Conditions of Use Agreement (referred to herein as the “Terms” or “Terms of Use”). 

By visiting our website, www.caliste.com.au (the “Website”), our mobile Website, any of our social media pages (now or hereafter created), or purchasing beauty products from us, you agree to be bound by these Terms and Conditions, including those additional Terms and Conditions and policies referenced herein. These Terms and Conditions apply to all users, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Online Store Terms

Caliste sells various cosmetic products that may enable users to look and feel
better (the “Services”). By agreeing to these Terms and Conditions, 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. If you are using our Website on behalf of an entity, you represent and warrant that you are authorised to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or the entity violates these Terms. 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. 

Health Disclaimer and No Guarantees

Caliste is not a healthcare provider and cannot and does not offer medical advice nor can this be implied from our Website or our products. Only your doctor or other healthcare provider should be offering you medical advice. Any health information found or transmitted by us on our website is provided and intended for general information purposes only. Our Website is not intended to be a substitute for professional medical advice, treatment, or diagnosis. If you believe you have a medical condition, we suggest that you see a licensed medical professional. While we do have thousands of happy customers who can tell you about the beneficial changes they have seen while using our products, we cannot make any guarantees about our products working for you or your specific situation. We may no representations or warranties about the suitability of our products or our Website. All Products should be used in accordance with their instructions and guidelines. We are not responsible for your misuse of our products. If you are a minor, you should consult with your parents and a doctor before using any of our products.

Intellectual Property and License to Use

The contents of our Website and products are protected by Australia and international copyright laws. The contents of our Website and products are owned by Caliste. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Website, social media accounts, products, or otherwise (the “Intellectual Property”), without the prior written consent of Caliste. All rights not expressly granted in these Terms are reserved to Caliste.
Our name and logos are trademarks or service marks ("Marks") of Caliste. All rights in these Marks are reserved by Caliste. You may not use any Caliste-provided Marks or other logos or graphics, without our prior written consent, except that you have a license to use our products in connection with your purchase and use of our products.
Caliste hereby grants to each user a personal, non-commercial, revocable, non-exclusive, non-transferable right to access and use our Caliste Website. You may not redistribute, transfer, or sublicense your use of our Website to any third party, and may not copy, reverse-engineer, attempt to steal or use the source code of, or create derivative works of our Website or any of its contents. Nothing in these Terms shall act as a transfer of ownership in or to our Website or any of the contents found therein. This license does not include any resale or commercial use of our Website or our products.

No resale

Caliste does not permit, authorize, or allow the resale of any of our products, we sell on our website.

Products or Services

Our 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 there is possible the colors and images of our products that appear on our site. However, we cannot guarantee that your device reflects the color and/or appearance of our products. All descriptions of products or product pricing are subject to change at any time without any notice, at our own discretion of us. We reserve the right to discontinue any product at any time we find it is needed. Any offer for any product made on this site is void where prohibited. We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customers' account, the same credit card, and/or orders that use the same billing and/or shipping addresses. In the event that we make a change to or cancel your 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 with us. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors. 
When you provide payment information to us, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to your payment information if there is any. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on debit cards and credit cards. By providing a credit card, you represent and warrant that you authorize us to charge your payment method for all charges you incur for any of our Products. You agree that you are responsible to pay for and will pay for all such charges.
We reserve the right to increase, decrease, or eliminate shipping and handling charges but will provide written notice of this to you when you make a purchase with us. We reserve the right to change our method or courier of shipping to you without notice. If you are entitled to receive free shipping on your order, you will be notified at the time of purchase on our Website. 

Errors, Inaccuracies, and Omissions

In some occasions there may be information on our website or in the service that might contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability of the product. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any related website is not accurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on our website, including without limitation, pricing information, except as required by law.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our products or our website will be uninterrupted, timely, secure or free of errors.
You agree that your use of, or inability to use, our website and our products is at your own sole risk. Our website and all products delivered to you by us are provided 'as is' and 'as available' for personal use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, meant for a particular purpose, durability, title, and non-infringement. In no case shall Caliste, , officers, employees, directors, contractors, suppliers, service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost revenue, lost savings, lost profits, loss of data, replacement costs, or any similar damages, whether based in contract, strict liability or otherwise, arising from your use of our Caliste website or any products purchased from us, 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 that has incurred as a result of the use of the service or any content (or product) posted, communicated, or otherwise made available via our website, 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 Australian Law.

Indemnification

You agree to indemnify, defend and hold harmless Caliste and our subsidiaries, partners, directors, contractors, licensors, service providers, subcontractors, suppliers 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

Governing Law and Binding Arbitration

These terms and all separate agreements whereby we sell Caliste beauty products shall be governed by and interpret in accordance with the laws of Australia. Any dispute arising out of, or in connection with these terms or our products shall be subject to binding arbitration, the site of which shall take place in Australia. The prevailing Party in any dispute shall be entitled to recover its/his/her/their reasonable attorney’s fees and costs. If either you or Caliste brings an action of any kind that is not individual arbitration in accordance with this section and other sections of the terms, the filing party shall be prohibited from recovering any attorneys’ fees and costs. 

Limitation of Liability

It is your responsibility to ensure that you use our Caliste products in a correct way. We are not reliable for any delay or any failure in performance for causes beyond our control or any other damage, which does not result from a breach of our obligations under our terms.

We are not liable to you for indirect, special, consequential or incidental damages, which includes lost of profits, even if we advised of the possibility of such damages, we are not be held liable for any delays or failures in the performance of the product, which would be the result of causes that are beyond our reasonable control.
In no reason or an event shall our total liability cover to you for all losses, damages and cause of action exceed the lesser of five hundred Australian Dollars ($500) or the total amount you paid us when purchasing our products.

With these terms, you agree that no actions or claims in contract, warranty in tort, including negligence, arising out of, or related to, the use of Caliste website or these terms and conditions may be brought by you more than six (6) months after the cause of action relating to such action or claim has risen.
If you are not satisfied with Caliste site, you should terminate of using the site. We do not have any liability, obligations or responsibility to you.


License

Unless otherwise stated, Caliste and/or its licensors own the intellectual property rights for all material on caliste.com.au. All intellectual property rights are reserved. You may access this from caliste.com.au for your own personal use subjected to restrictions set in these terms and conditions.
You must not:

  • Republish material from caliste.com.au
  • Sell, rent or sub-license material from caliste.com.au
  • Reproduce, duplicate or copy material from caliste.com.au
  • Redistribute content from caliste.com.au

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms and Conditions Generator.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Caliste does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Caliste,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Caliste shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Caliste reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Caliste a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Caliste; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Caliste. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Caliste's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.


The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

If you have any questions or comments regarding these Terms, please feel free to contact us by email at support@caliste.com.au.