TERMS OF USE
Website Terms of Use | www.beautyheaven.com.au
Updated May 2019
beautyheaven.com.au ("Website") is owned and operated by Are Media Pty Limited (ABN 18 053 273 546) (“we”, our and “us”).
“You” and “your” refer to you, the user of the Website.
The content on the Website is our copyright or the copyright of our licensors.
We are an Australian company. The pages on the Website contain information about products and services available in Australia and generally in other countries. It is your sole responsibility to consider whether an individual product or service is suitable for your specific circumstances and to determine its availability where you reside. The prizes, gifts, giveaways and services offered on the Website are offered to consumers in Australia and nowhere else.
We also operate social media platforms associated with the Website, which include Facebook, YouTube, Instagram and Twitter and blogs (together, "Social Media"). These Terms of Use apply to the Social Media (and, for the avoidance of doubt, such application is not limited to instances where explicit reference is made to the Social Media and, except where the context indicates otherwise, references to the Website include the Social Media). Other terms, such as those of the provider of a social media platform, may also apply and it is your sole responsibility to abide by any such other terms. These Terms of Use do not limit the operation of any such other terms. In the event of any inconsistency between these Terms of Use and any such other terms, those other terms will prevail.
The Website is available for you to access, conditional on your acceptance without limitation or alteration of these Terms of Use. You must not use the Website if you do not agree to be bound by these Terms of Use.
Use of content on the Website
1. You may use the Website, including by downloading content from the Website, solely for your personal, non-commercial purposes.
2. Except for the limited use set out in these Terms of Use, you must not use the Website, or the content on it, for any purpose, including, but not limited to:
a. the reproduction of that content in any form;
b. the distribution of that content in any form;
c. re-transmission of that content by any medium to any other website; or
d. “framing” that content on the Website with other material on any other website.
3. You must not remove any copyright and trade mark notices associated with content on the Website.
4. You must not modify or copy:
a. the layout of the Website; or
b. any software or code contained in the Website.
5. We reserve all intellectual property rights, including copyright, in content and services provided by us on or via the Website.
Links to other websites
6. The Website contains links to sites owned and operated by third parties and that are not under our control. We:
a. provide those links as a convenience to you and the existence of a link to another site does not imply any endorsement by us of the linked site; and
b. are not responsible for the content contained on those linked sites.
Disclaimer
7. Details regarding products and services described or depicted on the Website (including features, pricing, ingredients and specifications) are approximate only and subject to change without notice. A reference to products or services on the Website does not imply or warrant that the products or services will be available at any time in your particular locality.
8. To the full extent permitted by law, the Website and all information contained on it is provided "as is" and on an "as available" basis and we disclaim any and all express or implied warranties, conditions, terms and representations, other than as expressly set out on the Website or in these Terms of Use, including any warranty:
a. relating to the accuracy, reliability, timeliness or otherwise of any information on the Website;
b. relating to the merchantability or fitness for any particular purpose of any service or product referred to on the Website;
c. that the Website, or the server that makes the Website available, is free of software viruses;
d. that the functions contained in any software contained on the Website will operate uninterrupted or that such software is error-free; and
e. that errors and defects in the Website will be corrected.
Limitation of liability
9. Your use of the Website and the Social Media is at your own risk. To the extent permitted by law, neither us nor any party involved in creating, producing or delivering the Website accepts any liability for the accuracy, timeliness or completeness of the information on the Website or Social Media, whether or not any of them is aware of such errors or omissions, nor do they accept any liability for any cost, loss or damage of any kind, including loss or corruption of data arising out of your access to, or use of, or inability to use or access the Website or Social Media.
10. The Competition and Consumer Act 2010 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you that cannot be excluded, restricted or modified. Where it is permitted to do so, we limit our liability for breach of any implied warranty or condition that cannot be excluded, at our option, to:
a. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
b. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods or the payment of the cost of having the goods repaired.
11. We do not bear, and you release and hold us harmless from, any liability arising in connection with content displayed on or accessible through the Website.
Indemnity
12. You indemnify us, any affiliate or related body corporate of ours and any of our officers, directors, agents and employees against any demand, proceeding, expense, cost, loss (including consequential loss and legal fees on a full indemnity basis) or damage of any kind that any of them may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Website or Social Media, including any breach by you of these Terms of Use or the infringement of the rights of a third party. We hold the benefit of this indemnity on our own behalf and as trustee for those other persons specified above.
Privacy
13. Our Privacy Policy is incorporated into these Terms of Use.
Limitation of access
14. We may restrict, suspend or terminate your access to the Website at any time for any reason without giving any explanation or justification and have no liability for any cost, loss or damage of any kind arising as a consequence of such restriction, suspension or termination.
Alteration of these Terms of Use
15. We may change these Terms of Use:
a. with or without further notice to you; and
b. without giving you any explanation or justification for such change.
16. For the avoidance of doubt, the provision of a notice of a change to these Terms of Use is solely at our discretion. If such notice is provided in respect of one or more changes from time to time, it does not create any obligation on us to give notice of any subsequent changes.
Relevant jurisdiction
17. If any part of these Terms of Use is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
18. These Terms of Use will be governed by and interpreted in accordance with the law of New South Wales, Australia, without giving effect to any principles of conflicts of laws.
19. You agree to the jurisdiction of the Courts of New South Wales, Australia to determine any dispute arising out of these Terms of Use.
Prizes, gifts and giveaways
20. Subject to any specific terms that are displayed with any prizes, gifts or giveaways at the time they are offered, displayed or advertised, when prizes, gifts or giveaways are offered, displayed or advertised on the Website, to the full extent permitted by law:
a. we may withdraw the offer of the prizes, gifts or giveaways at any time prior to the time the recipient is to be drawn or otherwise determined, without notice to you, in the event that we are, for any reason, unable to supply the prizes, gifts or giveaways;
b. we will not be liable under any circumstances for any cost, loss or damage of any kind as a consequence of the withdrawal of the prizes, gifts or giveaways;
c. if we are unable to supply the exact prizes, gifts or giveaways offered, displayed or advertised to you for any reason, we may supply in their place alternative items of a similar nature and value and supply of the alternative items will be in complete satisfaction of our obligation to you in respect of the prizes, gifts or giveaways. We will not be liable under any circumstances for any cost, loss or damage of any kind as a consequence of the supply of the alternative items.
21. If you receive a prize, gift, giveaway or Trial Team product, you must not on-sell or profiteer from such prize, gift, giveaway or product. Failure to comply may result in exclusion from future competitions, giveaways and Trial Teams.
22. beautyheaven members participate in Trial Teams, sampling and events on a voluntary basis to provide honest feedback to the beautyheaven community about a product or treatment. All care is taken to ensure the correct products and treatments are provided for each member's specified skin and hair conditions, however no responsibility is taken for adverse reactions or unsatisfactory results. While we facilitate arrangements between beautyheaven members and brands, products and treatments are supplied by the Australian distributors or provider of the participating product or treatment and not by us. Your use of such products and treatments is at your own risk and we disclaim any liability arising from such use.
23. We will only send prizes, gifts, giveaways and Trial Team products to an address within Australia.
Participation in interactive portions of the Website
24. The Website may contain interactive components where you can submit material to the Website (“Material”). We encourage contributions of Material that is thoughtful, respectful, made in good faith and relevant.
25. You grant us and other persons authorised by us a worldwide, irrevocable, royalty-free, perpetual licence, including a right of sub-licence, to use, adapt, publish and reproduce that Material for any purpose.
26. Without limiting the foregoing licence:
a. we may disclose Material (and your username, age and the country, state or territory where you live) to any group, organisation or business that is connected to the beauty, healthcare or cosmetics industry for the purposes of our marketing activities; and
b. you consent to Material (including any reviews or testimonials) being used, reproduced, published and modified, without any compensation, by any group, organisation or business that is connected to the beauty, healthcare or cosmetics industry for the purposes of our marketing activities, including publication of your age and the country, state or territory where you live.
27. You consent to all acts or omissions of us and other persons authorised by us that may infringe any moral rights in Material (including not identifying the author or modifying or changing that Material in a manner that may constitute derogatory treatment as defined under the Copyright Act 1968) and, to the extent permitted by law, you waive all moral rights in that Material. To the extent that Material is authored by another person, you warrant that you have obtained corresponding consents and waivers from that person.
28. We may, but are not obliged to, moderate any Material, including by, in respect of all or any part of it:
a. delaying its display on the Website;
b. not displaying it on the Website;
c. deleting it from the Website;
d. reviewing, modifying or reformatting it;
e. removing a reference to a person, place, activity, group, organisation or business in it;
f. notifying a third party of Material that refers to that third party’s business or brand (and inviting them to respond); and
g. making changes to spelling and grammar.
29. You acknowledge that any exercise by us of our rights under these Terms of Use does not give rise to, or constitute an admission of, liability to any person.
30. You warrant that you hold sufficient rights in Material to grant us the licences granted under these Terms of Use and that the use by us or any person authorised by us of that Material will not infringe the rights of any person.
31. You release us from any liability or claim that may arise in connection with the use (including publication) of Material that is disclosed or sub-licensed by us to a third party in accordance with these Terms of Use.
User conduct
32. In connection with your access to and use of the Website, you must, and you warrant that at all times you will:
a. not submit Material that: is illegal or for an illegal purpose; is racist, indecent, objectionable or offensive, vilifies or incites hatred against any person or group of people or is otherwise inappropriate; is defamatory; depicts violence or cruelty; is gibberish; is unrelated to the topic/product of discussion; is so generic as to be considered by us to only have been submitted for the purpose of accumulating Points (as defined below); purports to give financial, legal, medical, health or other professional advice or discourages any person from seeking professional advice; may be false, inaccurate, misleading or deceptive in any way; is the personal or private information of a person; if displayed on the Website, may give rise to a liability for contempt of court; or is subject to, or the display of which on the Website may breach, obligations of confidentiality;
b. not harass, “stalk”, threaten or abuse other users of the Website;
c. not submit Material, or otherwise use the Website in a way, that infringes the intellectual property rights of any person;
d. not submit or transmit Material where such submission or transmission may constitute a tort or breach of contract;
e. not misrepresent your identity, including your gender, or affiliation with any group, organisation or business or act in a manner that may reasonably mislead any person regarding your identity or affiliation with any group, organisation or business; (including by failing to disclose any affiliation with a group, organisation or business that is connected to the beauty, healthcare or cosmetics industry);
f. disclose any connection with any group, organisation or business that is connected to the beauty, healthcare or cosmetics industry or that is otherwise connected to, or may have an interest in, the subject matter of Material being submitted;
g. not submit Material in return for, or in connection with the receipt of, any payment or other benefit from any person (whether directly or indirectly) other than a benefit provided by us;
h. except as may be expressly permitted by us in writing to you, not promote any business or website, including by sending unsolicited offers, promotions, advertising, spam or any other form of solicitation;
i. not attempt to circumvent any restrictions built in to the Website or that we impose on access to information about other users of the Website;
j. not attempt to circumvent or compromise any security features or architecture of the Website;
k. not disseminate viruses or any kind of malicious code;
l. not create more than one user profile per person;
n. not re-establish or attempt to re-establish a user profile if your profile has been restricted, suspended or terminated;
o. not use any robot, scraper or automated process to access the Website without our prior written consent;
p. not solicit any personal information from another user, such as passwords, PINs and account numbers;
q. not attempt to engineer the Website to operate other software or devices;
r. not infringe our intellectual property rights, including copyrights and any trademarks visible on the Website;
s. not do anything that is likely to violate any applicable law, whether local or international;
t. not do anything that, in our opinion, is not in compliance with any policy issued by us in respect of the Website from time to time; and
u. not do anything that is likely, in our opinion, to interfere with the availability of the Website or its use by other users.
Public information
33. Any information posted in our chat areas on the Website (including forums, article comment areas and product reviews) becomes public information. We urge you to consider your own privacy before posting.
Rewards Room loyalty program
34. This section of these Terms of Use sets out the terms applicable to participating in our loyalty rewards program (“Program”).38. Participation in the Program is only open to Australian residents.
35. Our decision in relation to the conduct of the Program (including any disputes that may arise) is final and binding, and no correspondence will be entered into.
36. To register for the Program, eligible individuals must become a member by successfully completing the signup form on the Website and following the prompts to activate their membership account via the welcome email sent to the email address they submitted at the time of registration. In these Terms of Use, persons who become members are “Members” and hold a “Membership”.
37. Only one Membership is permitted per person. If we discover a person to have more than one Membership, we may, without notice and at our discretion, de-register all but one Membership or de-register all such Memberships. We may also prohibit that person from becoming a Member in the future.
38. To earn reward points (“Points”), Members must complete certain actions as described here.
39. We may amend the requirements for earning Points at any time and may add or remove actions required to earn Points or increase/decrease the maximum number of Points awarded for any mechanic for earning Points.
40. Members will be given loyalty ranking depending on the number of Points validly accumulated as described here.
41. A foundation member is a Member who has actively participated in the Website and has been a Member since 1 July 2007. A foundation member will be identified with a crown symbol next to their status icon to identify them as such.
42. Individuals who reach Silver ranking and above will be invited to enter the Rewards Room. The Rewards Room is an event that takes place on the Website at times and on dates communicated by us. Members may redeem Points for rewards at Rewards Room events. Rewards Room events will be open for a maximum of 14 days or until available stock has been depleted.
43. Redemption of Points does not mean that a Member will lose their loyalty ranking. For example, if a Member has Gold ranking and redeems the majority of their Points for products during a Rewards Room event, they will remain Gold ranking and will not drop down to Silver ranking.
44. A Member must not use Points to redeem more than one unit of a product in each Rewards Room event.
45. The maximum redemption amount permitted per Member will be communicated at the time of each Rewards Room event.
46. Subject to law, no refund of Points is permitted for products ordered at a Rewards Room event.
47. A Member may not make any changes to a redemption order once the Member reaches check out and confirms the order.
48. If a product selected is not available at the time of fulfilment of an order, a Member will either have their Points for that product returned to them (to be used at a subsequent Rewards Room event) or a replacement product as determined by us (of equal or greater number of Points value) will be provided to them.
49. Members must not sell or make a profit from products obtained through the Rewards Room. Members swapping or selling such products may have their Membership terminated.
50. Members must pay for postage for any products purchased at a Rewards Room event. There is a flat delivery fee of $10. Members must either have a valid credit card or Paypal account in order to make payment of the delivery fee and complete the order.
51. Products will be sent using Australia Post. Delivery of products from a Rewards Room event may take up to six weeks from the date the order is placed. The order will be delivered to the address given at checkout. It is each Member’s responsibility to provide the correct postal address details. We will not be responsible if a parcel is delivered to the wrong address due to a Member failing to provide the correct details or for any failure on the part of Australia Post to make delivery. We are not responsible for breakages that occur to products through no fault of our own.
52. Points are not transferable. Points may only be redeemed by the Member who earned the Points. Points do not have an expiry date. However both your Membership and any associated Points will expire completely and become void if you do not log in to the Website for 3 years. We may change the value of Points at any time.
53. Where a member breaches these Terms of Use, we may cancel their Membership or deduct some or all of their Points from their account. Without limitation we may, at our discretion, cancel a Membership or exclude a person from becoming a Member.
54. We may cancel the Program at any time. Members will be notified should this occur in advance of the last Rewards Room event. If Members have not redeemed their Points for rewards before the termination of the Program, the remaining Points will become void.
