Website Terms of Use | www.beautyheaven.com.au

Terms Of Use - Updated January 2017

beautyheaven.com.au ("Website") is owned and operated by Bauer Media Pty Limited (ABN 18 053 273 546) ("Owner", “we” and “us”). 

“You” and “your” refer to you, the user of the Website.

The material on the Website is copyright of the Owner and/or its licensors.

The Owner is 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.

The Owner also operates 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). 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 material on the Website

1. You may use the Website, including by downloading material 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 material contained on it, for any purpose, including, but not limited to:

a. the reproduction of the material in any form;

b. the distribution of the material in any form;

c. re-transmission of the material by any medium to any other website; or

d. “framing” the material on the Website with other material on any other website.

3. You must not remove any copyright and trade mark notices contained on the material.

4. You must not modify or copy:

a. the layout of the Website; or

b. any computer software and code contained in the Website.

5. The Owner reserves all intellectual property rights, including copyright, in material and/or services provided by it 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 the control of the Owner. The Owner:

a. provides the links to other sites as a convenience to you and the existence of a link to another site does not imply any endorsement by the Owner of the linked site; and

b. is not responsible for the material 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 the Owner disclaims 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 but not limited to any warranty:

a. relating to the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or linked sites;

b. relating to the merchantability or fitness for any particular purpose of any service or product contained or referred to on the Website and/or linked sites;

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 the Owner nor any party involved in creating, producing or delivering the Website accepts any liability for the accuracy, timeliness or completeness of the information contained 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, the Owner limits its liability for breach of any implied warranty or condition that cannot be excluded, at the option of the Owner, 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 such 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. The Owner does not bear, and you release and hold harmless the Owner from, any liability arising in connection with material displayed on or accessible through the Website.

Indemnity

12. You must indemnify and keep indemnified the Owner, any affiliate or related body corporate of the Owner and any of the Owner’s 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. The Owner holds the benefit of this indemnity on its own behalf and as trustee for those other persons specified above.

Use of information gathered

13. The Owner's Privacy Policy is incorporated into these Terms of Use.  

Limitation of access

14. The Owner may restrict, suspend or terminate your access to the Website at any time for any reason without giving any explanation or justification and the Owner has 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. The Owner 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 the Owner’s discretion. If such notice is provided in respect of one or more changes from time to time, it does not create any obligation on the Owner 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 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.

25. By submitting material to the Website, you grant the Owner and other persons authorised by the Owner 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 the material you submit to the Website (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 its marketing activities and materials; and

b. you consent to material you submit to the Website (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 its brand marketing activities and materials, including publication of your age and the country, state or territory where you live with such material. 

27. You consent to all acts or omissions of the Owner and other persons authorised by the Owner that may infringe any moral rights in material you submit to the Website (including not identifying the author or modifying or changing such 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 such material. To the extent that such material is authored by another person, you warrant that you have obtained corresponding consents and waivers from that person.

28. The Owner may, but is not obliged to, moderate any material you submit to the Website, including by, in respect of all or any part of that material:

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 the Owner of its 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 you submit to the Website to grant the Owner the licences granted under these Terms of Use and that the use by the Owner or any person authorised by the Owner of such material will not infringe the rights of any person.

31. You release the Owner from any liability or claim that may arise in connection with the use (including publication) of material you submit to the Website that is disclosed or sub-licensed by the Owner 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;

b. not submit material that is racist, indecent, objectionable or offensive, vilifies or incites hatred against any person or group of people or is otherwise inappropriate;

c. not submit material that is defamatory;

d. not submit material that depicts violence or cruelty;

e. not harass, “stalk”, threaten or abuse other users of the Website;

f. not submit material, or otherwise use the Website in a way, that infringes the intellectual property rights of any person;

g. not submit or transmit material where such submission or transmission may constitute a tort or breach of contract; 

h. not submit material that purports to give financial, legal, medical, health or other professional advice or discourages any person from seeking professional advice;

i. 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);

j. 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;

k. 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;

l. except as may be expressly permitted by the Owner in writing to you, not promote any business or website, including by sending unsolicited offers, promotions, advertising, spam or any other form of solicitation;

m. not submit material that may be false, inaccurate, misleading or deceptive in any way;

n. not submit material that is the personal or private information of a person;

o. not submit material that, if displayed on the Website, may give rise to a liability for contempt of court;

p. not submit material that is subject to, or the display of which on the Website may breach, obligations of confidentiality;

q. not attempt to circumvent any restrictions built in to the Website or that the Owner imposes on access to information about other users of the Website;

r. not attempt to circumvent or compromise any security features or architecture of the Website;

s. not disseminate viruses or any kind of malicious code;

t. not create more than one user profile per person;

u. not re-establish or attempt to re-establish a user profile if your profile has been restricted, suspended or terminated;

v. not use any robot, scraper or automated process to access the Website without the Owner’s prior written consent;

w. not solicit any personal information from another user, such as passwords, PINs and account numbers;

x. not attempt to connect or engineer the Website to operate other software or devices; 

y. not infringe the Owner’s intellectual property rights, including copyrights and any trademarks visible on the Website;

z. not do anything that is likely to violate any applicable law, whether local or international;

aa. not do anything that, in the Owner’s opinion, is not in compliance with any policy issued by the Owner in respect of the Website from time to time; and

bb. not do anything that is likely, in the Owner’s opinion, to interfere with the availability of the Website or its use by other users.

Social Media

33. The Social Media are intended for general information and discussion purposes only and may be amended or withdrawn at any time and without liability. Third party postings or contributions made to the Social Media are not endorsed by or made on behalf of the Owner. You acknowledge and agree that your conduct, and anything that you post or upload to the Social Media, are your sole responsibility. 

34. The Owner may, at its sole discretion, review, amend or remove any content from time to time from the Social Media but is under no obligation to do so. The Owner encourages contributions that are thoughtful, respectful, made in good faith and relevant to the topic/s and subject matter on the Social Media. Without limiting its discretion or any other right the Owner has under these Terms of Use in regards to the operation of the Social Media, the Owner may review, amend or remove any of the following:

a. spam, self-promotion or sales pitches for goods or services;

b. discussions that the Owner considers irrelevant, off-topic or inflammatory; and

c. material that violates or may violate the privacy of any person.

35. The Owner does not make any representation or warranty concerning the accuracy, inoffensiveness or suitability of any content that appears on the Social Media. 

Public information

36. Any information posted in our chat areas on the Website (including forums, article comment areas and product reviews) becomes public information. While the Owner strives to protect and respect your privacy, we can't guarantee the security of any information you disclose and urge you to consider your own privacy before posting. 

Rewards Room loyalty program

37. By becoming a member of the Rewards Room and participating in our loyalty rewards program you are accepting both these Terms of Use and the terms specifically relating to Rewards Room. If you have not yet read terms relating to the Rewards Room, please read them here.