Terms of Service

Overview

Welcome to Aura By Aura! The terms "we", "us" and "our" refer to Aura By Aura, operated by MSYQ Pty Ltd in Victoria, Australia.

Aura By Aura operates this online store and website, including its related information, content, features, tools, products and services (collectively, the "Services"), to provide customers with an online shopping experience.

Our store is powered by Shopify, which provides the ecommerce platform through which we offer our products and Services.

These Terms of Service ("Terms"), together with the policies referenced within them, explain your rights and responsibilities when accessing our website or purchasing our products.

By accessing or using our Services, you agree to these Terms and our Privacy Policy.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or other applicable laws that cannot lawfully be excluded.

1. Access and Account

By using our Services, you confirm that you are at least the age of majority in your place of residence or have the necessary consent of a parent or legal guardian.

You may be required to provide information including your name, email address, billing details, shipping address and payment information when placing an order.

You agree to provide accurate, current and complete information and to update it when necessary.

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for activities conducted through your account.

You must not transfer, sell or assign your account to another person without our permission.

2. Our Products

We make reasonable efforts to accurately describe and display our products, including their appearance, features, dimensions and intended use.

Product colours and appearance may vary slightly depending on your device, screen settings and lighting conditions.

Our pre-glued lash clusters are personal beauty products. Application results, comfort and wear duration may vary depending on individual circumstances, application technique, natural oils, skincare products and other factors.

Any stated wear duration represents an estimated or maximum wear period under appropriate conditions and is not a guarantee of identical results for every customer.

Product descriptions, availability and specifications may be updated from time to time.

We reserve the right to discontinue products or limit purchase quantities where reasonably necessary and permitted by law.

Nothing in this section limits any applicable consumer guarantees.

3. Orders

When you place an order, you are making an offer to purchase products from Aura By Aura.

We reserve the right to accept or decline an order, subject to applicable law. Your order is accepted when we confirm acceptance.

Please review your order carefully before submitting it.

If you need to change or cancel an order, contact us as soon as possible. We will make reasonable efforts to accommodate your request, but changes or cancellations may not be possible once an order has been processed or dispatched.

If an order cannot be fulfilled, we will notify you and provide any refund required by applicable law.

Returns, exchanges and refunds are subject to our Return and Refund Policy and your rights under applicable consumer protection laws, including the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee or statutory right that cannot lawfully be excluded.

4. Prices and Billing

Prices, discounts and promotions may change without notice.

The price applicable to your purchase is the price displayed and confirmed at checkout when your order is placed.

Prices are displayed in the applicable currency and include any taxes required to be included by law.

Shipping charges and any applicable international duties, taxes or import charges will be disclosed where required before checkout.

For international orders, additional customs duties or import charges may be imposed by the destination country.

Promotional offers may be subject to additional conditions, including minimum purchase requirements, eligibility restrictions and expiry dates.

Where promotional conditions conflict with these Terms, the specific promotional conditions will apply to the extent permitted by law.

You agree to provide accurate and complete billing and payment information and confirm that you are authorised to use your selected payment method.

Payments are processed through Shopify and its supported payment providers.

5. Shipping and Delivery

We aim to process and dispatch orders within the timeframes stated in our Shipping Policy.

Delivery estimates are provided for guidance and may vary due to carrier delays, customs processing, public holidays, weather conditions and other circumstances beyond our reasonable control.

Shipping fees, delivery methods, estimated delivery times and applicable free shipping thresholds are set out in our Shipping Policy.

If your order is delayed, lost or damaged in transit, please contact us so we can investigate and assist with an appropriate resolution.

Please ensure that your shipping information is accurate when placing an order.

Nothing in this section excludes, restricts or modifies your rights under the Australian Consumer Law or any other applicable consumer protection legislation.

6. Intellectual Property

All content made available through our website, including text, graphics, photographs, product images, videos, logos, designs and other materials, is owned by or licensed to Aura By Aura and is protected by applicable intellectual property laws, including Australian copyright and trademark laws.

You may access and use our website for personal, non-commercial purposes.

You must not reproduce, distribute, modify, publish or commercially exploit our content without prior written permission, except where permitted by law.

All third-party trademarks, logos and other intellectual property remain the property of their respective owners.

Nothing in these Terms grants you ownership of or any licence to use intellectual property belonging to Aura By Aura or any third party, except as expressly permitted.

7. Optional Tools

Our website may provide access to tools, applications or features operated by third parties.

These tools may be subject to separate terms and privacy policies established by their respective providers.

We do not control every aspect of third-party tools and cannot guarantee their continuous availability or functionality.

You are responsible for reviewing any applicable third-party terms before using these services.

Nothing in this section excludes any liability that cannot lawfully be excluded.

We may introduce additional features or services in the future, which may also be subject to these Terms.

8. Third-Party Links

Our website may contain links to third-party websites, services or resources.

These websites are operated independently and may have their own terms, conditions and privacy policies.

We do not necessarily endorse or control third-party content.

We encourage you to review the relevant policies before using external websites or services.

Nothing in this section limits any rights you may have under applicable law.

9. Relationship with Shopify

Our online store is powered by Shopify, which provides the ecommerce infrastructure supporting our Services.

When you access or interact with our website, certain information may be processed through Shopify systems to support browsing, checkout, payment processing and other ecommerce functions.

Products purchased through our store are sold by Aura By Aura, operated by MSYQ Pty Ltd.

Shopify provides the underlying platform but is not the seller of our products.

Your purchase agreement is with Aura By Aura, and we remain responsible for our obligations as the seller under applicable law.

10. Privacy Policy

Our Privacy Policy explains how personal information may be collected, used, stored and disclosed when you access our website or purchase our products.

Because our store operates on Shopify, information may also be processed by Shopify and relevant service providers to support transactions, website functionality, fraud prevention and related services.

Some service providers may process or store information outside Australia.

Please review our Privacy Policy and Shopify's Privacy Policy for further information.

11. Feedback

We welcome customer feedback, reviews, suggestions and other communications relating to our products and Services.

By voluntarily submitting feedback to us, you grant Aura By Aura a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and share that feedback for legitimate business purposes, including customer service, product improvement and marketing, subject to applicable law.

Where feedback includes identifiable photographs, videos, personal information or other materials requiring additional permission, we will obtain any consent required by law before using them.

You confirm that you have the necessary rights to submit any content you provide and that your submission does not infringe the rights of others.

We may moderate or remove feedback that is unlawful, misleading, abusive or otherwise inappropriate, subject to applicable law.

Nothing in this section limits your rights under privacy, consumer protection or other applicable legislation.

12. Errors, Inaccuracies and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability or delivery information.

We reserve the right to correct inaccurate information and update our website.

If an error affects an order you have placed, we will contact you where appropriate and handle the matter in accordance with applicable law.

Any cancellation or refund arising from an error will be managed consistently with your statutory rights.

13. Prohibited Uses

You agree to use our website and Services lawfully and responsibly.

You must not use our Services to:

• Engage in unlawful, fraudulent or misleading activities.

• Infringe intellectual property rights or other legal rights.

• Harass, threaten, abuse or discriminate against others.

• Submit malicious code, viruses or other harmful materials.

• Attempt to gain unauthorised access to our systems or customer information.

• Interfere with the security, functionality or operation of our website.

• Collect personal information unlawfully.

• Impersonate another person or misrepresent your identity.

• Use our Services in a manner that materially disrupts other users or our business operations.

We may restrict or suspend access where reasonably necessary to protect our Services, customers or legal rights.

Any action taken under this section will be subject to applicable law.

14. Automated Agents

This section applies to automated software, bots, artificial intelligence agents and similar systems that access or interact with our Services.

Automated systems must comply with applicable laws, website access restrictions and reasonable security requirements.

Automated access must not:

• Misrepresent the identity or nature of the accessing system.

• Circumvent security controls, access restrictions or authentication measures.

• Collect personal information unlawfully.

• Disrupt website performance or interfere with legitimate customer activity.

• Access restricted systems or information without authorisation.

We may apply reasonable technical measures to monitor, restrict or prevent automated access where necessary to protect our Services.

Nothing in this section prohibits activities that cannot lawfully be restricted.

15. Termination

We may suspend or terminate access to our Services where a user materially breaches these Terms, engages in unlawful conduct or creates a genuine security risk.

Where reasonably practicable, we may provide notice of the relevant issue and an opportunity to resolve it.

Termination of website access does not automatically affect rights or obligations arising from completed purchases.

Any provisions intended to survive termination, including intellectual property, liability, dispute resolution and applicable legal obligations, will continue to apply to the extent permitted by law.

16. Disclaimer of Warranties

We make reasonable efforts to ensure that the information on our website is accurate and up to date.

However, website content may occasionally contain errors or omissions, and availability of our Services may be interrupted.

Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a repair, replacement, refund or other remedy where required by law.

To the extent permitted by applicable law, we do not make additional warranties or representations beyond those expressly stated in our product descriptions or otherwise required by law.

Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law or other applicable legislation.

17. Limitation of Liability

To the maximum extent permitted by applicable law, Aura By Aura is not liable for losses arising from circumstances beyond our reasonable control or from improper use of our website or products.

Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

Where a limitation of liability is not permitted by law, that limitation will not apply.

18. Indemnification

You agree to be responsible for losses or claims arising from your unlawful use of our Services or your material breach of these Terms, to the extent that such responsibility is permitted by applicable law and is fair and reasonable in the circumstances.

Nothing in this section limits your rights under the Australian Consumer Law or requires you to indemnify Aura By Aura for losses caused by our own unlawful conduct, negligence or breach of applicable legal obligations.

19. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the extent permitted by law.

The remaining provisions will continue to apply where legally possible.

Nothing in this section limits any mandatory consumer protection rights.

20. Waiver and Entire Agreement

If we do not immediately enforce a right or provision under these Terms, that does not necessarily mean we have waived that right.

These Terms, together with the policies referenced within them and any applicable promotional conditions, form the agreement governing your use of our Services.

Nothing in this section excludes any representations, guarantees or rights that cannot lawfully be excluded.

21. Assignment

You may not transfer your rights or obligations under these Terms without our prior written consent, except where permitted by law.

We may transfer our rights or obligations in connection with a legitimate business restructuring, sale or transfer, provided that doing so does not unlawfully reduce your rights.

Any assignment will be subject to applicable law.

22. Governing Law

These Terms of Service are governed by the laws of Victoria, Australia, and applicable Commonwealth laws of Australia.

Any dispute arising in connection with these Terms will be subject to the jurisdiction of the courts of Victoria, Australia, and any other courts having jurisdiction under applicable law.

Nothing in this section limits any mandatory consumer protection rights or legal remedies available to customers under the laws applicable to them.

23. Translations

These Terms may be made available in languages other than English.

Where translations differ, the English version will generally be used for interpretation, except where applicable law requires otherwise.

Nothing in this section limits any statutory rights relating to misleading information or consumer protection.

24. Headings

Headings are included for convenience and ease of reference only.

They do not alter the meaning or interpretation of these Terms.

25. Electronic Communications

By using our Services or placing an order, you acknowledge that we may send transactional and service-related communications electronically.

These communications may include order confirmations, shipping updates, account notices, returns information and changes to our Services.

Marketing communications will be managed in accordance with applicable privacy and electronic marketing laws.

You may unsubscribe from promotional communications using the unsubscribe options provided.

26. Changes to Terms of Service

We may update these Terms from time to time to reflect changes in our business operations, Services or applicable legal requirements.

The latest version will be available on our website.

Where required by law, we will provide notice of material changes.

Changes will not retrospectively remove rights arising from completed transactions or otherwise reduce rights protected by applicable law.

27. Contact Information

If you have any questions about these Terms of Service, please contact us using the details below.

Business: MSYQ Pty Ltd, trading as Aura By Aura

Customer Support Email: contact@aurabyaura.au

General Enquiries: info@aurabyaura.au

Phone: 0405 663 854

Postal Address: PO Box 7088, Rosanna VIC 3084, Australia

Website: https://www.aurabyaura.au/

For further details, please refer to our Contact Information Policy.