Terms of Use

1. Introduction

This Website is operated by colorDNA, ABN 644506767(Australia), P.O. Box 535 Toorak 3142, Victoria Australia. In these terms,‘we’, ‘us’, ‘our’ and ‘the Website’ means colorDNA.

This agreement has been written in English. If any translated version of this agreement conflicts with our English version, theEnglish version overrides the translated version.

Please read these terms carefully as they apply to your use of the Website and all of its contents, and also to any associated services, products and software provided by colorDNA. By accessing or using the Website you agree to be bound by these terms in full, regardless of whether or not you choose to register as a member on the Website. If you do not accept these Terms and Conditions, you must leave the Website immediately.

Changes to ‘Terms of Use’

colorDNA may revise these Terms of Use from time to time by updating them and the Website. You will be advised of the revised terms and any changes, on this page, which will take effect when they are posted.

Your continued use of the Website after any changes to terms, policies or guidelines constitutes your acceptance of the revised Terms of Use, and these will be binding on you. It is therefore your responsibility to look at the Website from time to time to check whether any Terms of Use have changed.

‍

2. Licence to use the content on theWebsite

• You acknowledge that the Website, the content posted on the Website by us and our users, and the underlying software and technologies used to operate the Website are all subject to trademark copyright, and other intellectual property rights (collectively, ‘Intellectual Property Rights’).

• We grant you a limited, non-transferable licence to access and use the Website solely for personal, non-commercial purposes (which would include using any of the content as any part of a database, library, news, archive, information, website or similar service, outside of the Website and any linked colorDNA templates).

• You accept to only print one copy of any one page (and no further copying of them), and to download and store any content on the hard drive of your computer or portable media, but not to make any further transfer or copy of it.

• We (and our licensors) retain all rights, titles, and interest in and to the Website and all its content. Nothing you do, in relation to the Website, will transfer any intellectual property rights to you unless we expressly agree otherwise.

• Except as provided in these terms, permission to reprint or electronically reproduce the Website, or any of its contents, in whole or in part, whether by automated or manual means, is prohibited unless prior written consent is obtained from us.

• We may cancel the permissions referred to above at any time and suspend or deny, at our discretion, your access to all or any portion of the Website, without notice.

• You agree not to distribute, reproduce, modify, store or transfer any content from the Website, or use any content from colorDNA or the Website, for any other commercial purpose, which would include using it to promote or encourage the sale of your goods/services. 

‍

3. Sign in and membership

In order to access certain content, features and functions on the Website, you may need to do any or all of the following, and acknowledge that you will adhere to the following commitments when registering and providing information to colorDNA and the Website.

- Register as a member

- Sign in via your social media account

• Your use of social sign in is subject to the terms and conditions of your account with the third party social media service provider in addition to these terms. 

• In order to register as a member, colorDNA requires you to commit to providing your real name and accurate and up-to-date contact and personal colour information.

• You will not impersonate the identity of someone else or provide false information on colorDNA.

• You will not create any more than one personal colorDNA account.

• You will not create another account without our permission if we disable your account. 

• You will not share your password or allow anyone else to access your colorDNa account, or do anything that may jeopardise the security of your account.

• You will not transfer any content or your account to anyone else, without first obtaining written permission from colorDNA.

• You will only use one seasonal personal profile at any one time, and will not download any content or information from any other personal profile but yours. 

• You will only use the content and information from the Website for personal use and not for any other purpose, including commercial or educational use, without prior written consent from colorDNA.

‍

Membership safety

colorDNA endeavours to keep the Website safe; however, this cannot be guaranteed. In order to keep the Website safe, we need the following commitments from you:

• You will not use vulgar or offensive words or names, hate speech, threats, pornographic material, nudity, incite violence, or graphic or gratuitous violence.

• You will not use unauthorised commercial communications (such as spam) on the Website.

• You will not gather any other users' content or information, or otherwise access colorDNA, using any automated means (such as robots, spiders, harvesting bots or scrapers) without our written prior permission.

• You will not upload any malicious code or viruses.

• You will not access an account belonging to someone else, or try to solicit login information.

• You will not use colorDNA to do anything unlawful, or discriminatory, misleading or malicious.

• You will not do anything to overburden, disable or impair the right working or appearance of colorDNA and the Website, such as attacking or interfering with page rendering or content, the Website functionality or the denial of service.

• You will not encourage or facilitate any violations of these Terms of Use.

‍

4. Content you present via the Website

• By submitting, posting or displaying any submissions, you give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to adapt, reproduce, translate, modify, publish, publicly perform, publicly display and distribute the Submissions in any form. You do, however, retain copyright and any other rights you already hold in any of these Submissions.

• You warrant to us that you have all the rights, power and authority necessary to grant the licence of your Submissions above, and that our use of your Submissions in accordance with these terms will not infringe the rights (including intellectual property rights) of any person or entity or breach any applicable law.

• You will not submit, post, display or otherwise contribute to the Website any content that may infringe any trade secret or intellectual property rights of any person or entity, such as

1. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us.
2. Content containing commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes
3. Private information of any third party, including surnames (family names), addresses, phone numbers, email addresses and credit card numbers.

• You understand that by using the Website, you may be exposed to Submissions that you find offensive, indecent or objectionable, and that, in this respect, you use the Website at your own risk. We reserve the right in our sole discretion and for any reason to pre-screen, review, flag, filter, modify, refuse or remove any or all Submissions from the Website, but we have no obligation to do so, and we will not be responsible or liable for any of the Submissions.

• You acknowledge that each user of the Website is responsible for their own Submissions and, as a result, we have no control over the truth, accuracy or completeness of the Submissions.

‍

5. Linking to the Website

We encourage you to provide links to the Website. While you may use the name of the Website in the text of any such link, or in any colorDNA template the Website provides you with, you may not use any of our logos or trademarks without our prior written consent.

• You must not frame this Website or represent or imply that any part of the Website belongs to anyone other than us. 

• If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.

‍

6. Exclusive provisions, applicable to software

• If you use or download colorDNA software, such as a stand-alone software content, a browser plugin or app, you understand and agree that from time to time the software may download and install updates, upgrades and additional features from colorDNA so we can improve, enhance and positively develop our software.

• You will not change, copy, decompile, or otherwise attempt to extract any source code from colorDNA, unless you are specifically permitted to do so under licence from colorDNA, or we give you written permission.

‍

7. Privacy policy

By using the Website, you give us personal information and grant us consent to use your personal information in accordance with our Terms of Use, which forms a part of these terms. Please refer to ‘Privacy Policy’ for full information.

‍

8. (a) Disclaimer

colorDNA endeavours to keep the Website available 24 hours a day. If, for any reason, this is not possible, colorDNA shall not be held responsible or liable for the unavailability of the Website at any time, or for any period of time. Your access may be suspended temporarily and without notice n the case of maintenance, repair, system failure or any other reasonable cause.

colorDNA will do its best to provide you with accurate and complete information and related material on the Website or by email or a related application. You acknowledge this information and related material isgeneral information and is intended for you to interpret and use how you desire. You acknowledge this information and related material is intended to address general requirements and does not constitute any form of personal advice or recommendation by colorDNA.

colorDNA is an interactive tool to help you make informed choices on the colour of clothing, accessories and make-up which best suit your colour characteristics.

All analysis and seasonal colour and personal profile information is based around industry expert analysing techniques and scientifically-based colour principles. These may change over time as more scientific discoveries are made about human colour theory, and awareness and understanding of individual colour characteristics and colour harmonisation grows.

All generic and result-specific information, advice and help provided to you for shopping and coordinating clothing, is only given as a guide – each individual item and decision you make must be assessed on an individual case basis. This is because there are many variables that affect how a colour reacts to the different combinations of your colour characteristics, including, health, environment, lifestyle, make-up and ageing.

• You acknowledge that you should not rely on colorDNA information and  materials provided on the Website or related applications, when making (or refraining from making) any specific investment or other business or personal decision, and acknowledge that independent, professional one-on-one advice should be obtained before making any such decision.

• You acknowledge that any decisions you make while using the Website, and any decisions you make in choosing a personal profile, and everything that is associated with that personal profile, do not constitute any form of personal advice or recommendation by colorDNA or the     Website.  

• You acknowledge the process of choosing a personal profile is not gender specific, although the initial analysis and profile is focused and marketed towards women. It covers all races and religions and is not biased towards any particular race or religion.

• colorDNA does not accept liability for any general colour recommendations and you acknowledge that colorDNA and the Website address general requirements and do not constitute any form of personal advice that may be used for wearing, coordinating, purchasing or not purchasing clothing, accessories or beauty products. 

• colorDNA does not accept any liability for the differences in the colours of products and materials, such as dyed cotton, linen, leather, polyester and blended materials from the matching colours on theWebsite. 

• colorDNA does not accept liability for any actions, consequences or decisions made from choosing a colour which may not be the same as the matching colour on the Website, which may or may not be suitable due to the screen quality of one computer, tablet or device to another.

• You acknowledge that colours reproduced from colours on the screen are indications only, and that dyed fabrics and materials vary from dye lot to dye lot and company to company, and any colours have not been checked by colorDNA and, therefore, colorDNA is not held responsible for the advice or recommendations. 

• You acknowledge that colorDNA does not accept liability for any general recommendations or requirements of clothing, accessories or beauty products that come from the Website. 

• You acknowledge that colorDNA does not accept liability for any purchases of apparel, accessories, beauty products or anything else that you or anyone else made for you after viewing or reading the Website.

colorDNA will use every reasonable endeavour to ensure theWebsite and the colorDNA materials, information and links do not contain or transmit any viruses or other malicious code. It is recommended that you regularly check all materials, information and links for viruses and other malicious code.

8. (b) Third party disclaimer

• You acknowledge that colorDNA advises you to seek an independent professional image consultant, colourist or stylist, trained and qualified in human colour analysis or in the colorDNA colour analysis techniques, to help you make any choices you are unsure of. You also acknowledge that any independent third party advice or recommendations on which personal profile to choose, would not have been checked by colorDNA and therefore colorDNA is not held responsible for the advice or recommendations.   

• You acknowledge that third parties supply colorDNA and the Website with seasonal content and materials, and the accuracy and completeness of this content and materials will not have been checked by colorDNA. 

Seasonal content and materials, and the accuracy and completeness of this content and materials will not have been checked by colorDNA.

Seasonal content, including current and future colour and trend forecasting, has been sourced from third party companies, professionals, bloggers, stylists and journalists, or created by colorDNA, and is an indication only and subject to constant change and individual interpretation.

colorDNA does not accept liability for any products or services that come from third party companies, individuals or other sources, which are recommended as general requirements on the Website or are linked to the Website.

• You acknowledge that any third party business or individual using the colorDNA human colour analysis, personal profile, colour palette or part thereof, acts independently from the Website and colorDNA. colorDNA cannot be held responsible for any decisions, recommendations, actions or consequences resulting from the third party using any part of the Website or colorDNA information. 

• You acknowledge that colorDNA is not responsible for a third party using information you provide to them for their own marketing, sales or service purposes.

Links and advertisements

The Website may contain links to websites operated by third parties, which are for your convenience. If you choose to use these links, you leave the Website. colorDNA has not reviewed the third party websites and is not responsible for these websites and their content, availability or recommendations. Therefore, colorDNA does not endorse or make any representations about them or any content found on them, or recommendations or results from them. If you decide to link to, access or use any third party website linked to the Website, you do so at your own risk.

• We are not responsible for, and do not endorse, the content or accuracy of any other sites linked to the Website or advertising or promotional material published on the Website. You should contact the relevant third party directly if you have any concerns or questions. 

• In some instances, advertisements will contain offers which you accept by clicking through to an advertiser’s website. The advertiser is solely responsible for the offer. 

• Where the Website includes products available for purchase, the prices and product description are the responsibility of the retailer. 

‍

9. Warranties and indemnity

• You may have rights under statutory consumer protection laws, including the Australian Competition and Consumer Act 2010 (Cwlth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability below, apply subject to any rights you may have under such laws.

• You expressly acknowledge and agree that your access to and use of the Website is at your sole risk and the Website is provided "as is" and "as available". In particular, we do not represent or warrant to you that:

1. Your access to and use of the Website will meet your requirements (and you acknowledge that you have relied upon your own experience, skill and judgment to evaluate the Website and that you are satisfied as to the suitability of the Website to meet your requirements), or
2. Your access to and use of the Website will be uninterrupted, timely, secure or free from viruses or error.

• Without limiting the previous ‘Terms of Use’, and to the extent permitted by law, all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in the terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose, timeliness or non-infringement of third party rights. 

• If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non-Excludable Term"), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach of the Non-Excludable Term is limited to the following option: 

1. In relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

• Subject to our obligations under the Non-Excludable Terms, our maximum aggregate liability for all claims arising under or in relation to these terms or otherwise as a result of your access to and use of the Website is limited to A$100. Our liability to you will also be diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

• Subject to our obligations under the Non-Excludable Terms and to the maximum extent permitted by law, in no event are we liable under or in relation to these terms or otherwise, as a result of your access to and use of the Website, for any indirect, special, consequential, incidental or punitive loss or damage, or for any loss of goodwill, opportunities, anticipated savings, profits or revenue.

• The limitations and exclusions above apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.

• You must indemnify and defend us and our affiliates, and their respective directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in these terms, your breach of, or failure to comply with, any laws, or your misuse or infringement of any rights (including intellectual property rights) of a third party.

• We cannot be responsible for any loss, corruption or interception of data sent to or from the Website that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer or device. 

• If anyone brings a claim against colorDNA related to your actions or content, you will indemnify and accept we have no responsibility from and against all damages, losses and expenses of any kind (including legal fees and costs) related to such a claim. Although we provide rules for user conduct, colorDNA does not control or direct users' actions on the Website or its links, and is not responsible for the content or information users transmit or share on the Website or any social media platform. We are not responsible for any offensive, obscene, unlawful, inappropriate or otherwise objectionable content you may encounter on the Website. We are responsible for the conduct, whether online or offline, of any user of     the Website or colorDNA content

‍

10. Intellectual property

• All intellectual property, trade marks (whether registered or unregistered) and graphics, logos, designs, page headers, button icons and  else in relation to content on the Website belongs to colorDNA or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this site is protected by Australian and international copyright and other intellectual property laws. You may not do anything that interferes with or breaches those laws or the     intellectual property rights in the content. 

• You may download and view content or print a copy of material on this site for personal non-commercial use provided you do not modify the content in any way (including any copyright notice), except if the Website and colorDNA has provided you with the templates to do so. All intellectual property rights not expressly granted under these Terms of Use are reserved by colorDNA, unless expressly stated, otherwise you are not permitted to copy or republish anything you find on the Website without the copyright or trademark owner’s permission. 

‍

11. Sharing your content and information

You own all of the content and information you create and post on the Website, and you can control how it is shared through your privacy and application settings. Furthermore:

• For content that is covered by intellectual property rights, such as photographs and illustrations (IP content), you specifically give colorDNA permission to a non-exclusive, transferable, royalty-free, sub-licensable, worldwide licence to use any IP content that you create, upload or post on or in connection with colorDNA and the Website. This IP licence terminates when you delete your IP content or your account with colorDNA, unless your content has been shared with others and they have not deleted it.

• If you delete any IP content, it will be deleted in a method similar to emptying the recycle bin on a computer. However, you understand that when content is removed it may still be in backup copies for a practical period of time (however, it will not be available to others).

• When you create, upload or post any content or information onto the Website, you understand that you have chosen to allow colorDNA to share the content or information with businesses in partnership with colorDNA (that is, your name, seasonal colour, and hair and eye colour

colorDNA always appreciates your suggestions or feedback about the Website and colorDNA service. You understand that we may use your suggestions or feedback without any obligation of compensation to you for the suggestions or feedback (as you have no obligation to offer the suggestions or feedback).

‍

12. Suspensions or termination

If, for any reason, colorDNA believes you have not complied with the Terms of Use, or you have violated the letter or spirit of this statement, or otherwise created risk or possible legal exposure for us, we a our sole discretion can cancel your access to the Website immediately and without giving you advance notice.

Without prejudice to the provisions of the following clause, you do agree to compensate colorDNA for any claims, losses, expenses and/or liabilities (including legal fees), which may arise from your use of theWebsite and its content.

‍

13. Limitation of colorDNA’s liability

colorDNA will not be liable to you for any damage or loss caused by colorDNA, its employees or sub-contractors, where there is no breach of a legal duty of care. Any liability of colorDNA coming from your use of theWebsite and any colorDNA content will be limited to A$100.00.

‍

14. Disputes

The laws of the State of Victoria, Australia, govern these terms, and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia for any claim, cause of action or dispute you have with us.

‍

15. General

• These terms constitute the entire agreement between you and colorDNA in relation to the Website, and supersede all prior or current communications or displays, whether they are electronic, written or oral, between you and us, in relation to the Website. 

• Your use of the Website is conducted electronically and we may communicate with you electronically for any aspects of your use of the Website, including sending you electronic notices.

‍

‍

‍