Disclaimer and Waiver

1.          Application

1.1        This Disclaimer and Waiver applies to the products (Products) provided by CANDY GROUP PTY LTD (ACN 675 944 484) trading as CANDY CLAWS (we, us, our) to you, and to your use of our website located here (Site).

1.2        By purchasing our Products and/ or using our Site, you agree to this Disclaimer and Waiver and all our other terms and policies.

2.          general DISCLAIMER

2.1        Use of the Site and any of the Products sold on the Site is at your own risk. Everything on the Site, and our Products, are provided to you on an 'as is' and 'as available' basis.

2.2        You acknowledge and agree that each Product offering may have different terms, prices and fees, as displayed on our Site and/ or as described in our Terms of Service.

2.3        Any specifications and particulars in relation to the Products referred to on our Site are subject to change from time to time. While we will aim to reasonably ensure Products are accurately depicted on the Site, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Site. We will not be held liable for any errors or omissions, except to the maximum extent permitted under law.

2.4        Our Products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

2.5        We make no representation or guarantee regarding the suitability of our Products for any particular purpose, other than in accordance with the guarantees prescribed under the ACL.

2.6        Any timelines or delivery dates are provided by us on an estimated basis only.  We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond our control. Without limiting this clause, a reference to “interfering factors beyond our control” includes delivery delays which are not reasonably foreseeable to us at the time of dispatch.

3.          Product specific DISCLAIMERS

3.1        You acknowledge that you have read and familiarised yourself with the instructions for application and removal of the Products, as provided for on our packaging and/or Site. Without limitation, you accept that we will not be liable to you in circumstances where you have:

(a)        incorrectly applied our Products;

(b)        incorrectly removed our Products;

(c)         purchased Products which contain ingredients you are knowingly or unknowingly allergic to;

(d)        failed to clean or maintain the Products in accordance with our instructions; and/ or

(e)        failed to obtain medical advice prior to the application of our Products onto your nails and such application causes you to have an adverse reaction such as the development of a fungal infection and/or nail damage.

3.2        You acknowledge that you accept full responsibility for informing yourself and assessing all the risks associated with the use of our Products, and will rely solely on your own assessment of these risks before using the Products. Without limiting the generality of this clause, you are solely responsible for obtaining medical advice prior to the application of the Products, and, to determine the suitability of the Products for your own nails.

3.3        If you have any questions or concerns about how to safely use the Products, you can email your query to support@candyclaws.com.au and should await a response before proceeding. Any response provided by our team is not to be taken as medical advice and the disclaimers referred to in this document also apply.

4.          WAIVER AND RELEASE OF LIABILITY

4.1        To the extent permitted by law and in consideration of using our Products, you agree that you will not make, take or seek any claim, counter claim, cross claim, action, proceeding, application, complaint, course or action, judgment or demand (Claims) against CANDY GROUP PTY LTD (ACN 675 944 484) trading as CANDY CLAWS and its officers, employees, agents, and independent contractors (all collectively referred to as “the Releasees”), arising directly or indirectly out of, or, in connection with your use of our Products and you unconditionally and irrevocably forever waive, release, acquit, covenant not to sue, and discharge the Releasees from and against any loss, liability, cost (including all legal costs and expenses on an indemnity basis), expense, damage, charge, penalty, outgoing or payment, and includes indirect and consequential loss (Loss) arising directly or indirectly out of, or, in connection with your use of our Products.

4.2        You agree to hold harmless and indemnify the Releasees from any and all Claims made against, or Loss suffered by the Releasees, which arises directly or indirectly as a result of, or, in connection with your use of the Products.

4.3        This Disclaimer and Waiver shall bind your heirs, executors, personal representatives, successors, assigns, and agents.

4.4       This Disclaimer and Waiver operates jointly and severally in favour of the Releasees.

 

© Progressive Legal Pty Ltd (ACN 607 068 708) trading as Progressive Legal (2025).  All Rights Reserved. This document was last updated 30 January 2025.