Beauty Love Australia – Terms and Conditions

Welcome to Beauty Love Australia Pty Ltd ABN 32 656 377 847.

In these terms, we refer to Beauty Love Australia as “Beauty Love Australia”, “our”, “we, or “us”.

What are these terms about?

These terms apply when you use this website, being www.beauty-love.com.au and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply if you sign up to join Beauty Love Australia’s database as a member (Member) and tick a box stating that you accept these terms.

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://beauty-love.com.au/privacy-policy

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

· Part A: Terms for when you sign up as a Member and perform any review services for us

Part B: Terms for when you browse and interact with this Website

· Part C: Liability and warranties, and interpretation provisions

Please let us know if you have any questions about these terms, and don’t continue using this Website or sign on as a Member unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you Sign-Up, the terms accepted at that point will apply to your registration as a Member. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website. You can check the date at the top of this page to see when we last updated these terms.

Part AFor When You Sign Up as a Member and Perform Review Services…

1   BECOMING A MEMBER

(a) By signing up as a Member using the Website’s functionality (Sign-Up) you represent and warrant that you:

(i) are 18 years of age or older;

(ii) have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(iii) are an Australian citizen.

(b) A Sign-Up constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will list your name in our Member database and occasionally provide you with offers to conduct product review services (Review Services) in exchange for the products you are to review and any additional products agreed in writing with Beauty Love Australia (Client Products).

(c) Part A of these terms is not agreed between you and us until we have approved your Sign-Up and you receive an email from us confirming that your Sign-Up is complete.

(d) If you no longer wish to be a Member, you can cancel your Member status at any time by notifying Beauty Love Australia in writing.

2 SIGN-UP AND ACCOUNTS

(a) To Sign-Up, you may also be required to register and receive an account through the Website (an Account).

(b) As part of the Sign-Up and Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.

(c) You warrant that any information you give to us in the course of completing the Sign-Up and Account registration process will always be accurate, honest, correct and up-to-date.

(d) Once you complete the Sign-Up and if required, the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website, provide you with an Account, and list your name in our Member database.

(e)  We may, in our absolute discretion, suspend or cancel your Account and/or Member status for any reason, including for any failure to comply with these terms.

3 REVIEW SERVICES

(a) We may occasionally approach Members and provide them with an offer to conduct Review Services for us in exchange for Client Products (Offer). We do not make any guarantee that we will provide you any number of Offers.

(b) If you agree to provide Review Services in response to an Offer, you must:

(i) agree that you are solely responsible for the content of any review that you publish on a website;

(ii) follow all reasonable instructions communicated to you about the Review Services by Beauty Love Australia;

(iii) provide a number of reviews about the specified Client Product on a number of specified websites as required in writing by Beauty Love Australia;

(iv) disclaim in each review that you received the Client Product for free by including the Beauty Love Australia disclaimer (Disclaimer) provided in the Client Product member brief (Member Brief);

(v) only write a genuine review that includes your honest and authentic opinions of the Client Product;

(vi) not publish a review about a Client Product that you have not used, tried or consumed;

(vii) not include any kind of rude, offensive, sexual or inappropriate language in a review written as part of the Review Services;

(viii) not include any personal information, including personal descriptions or contact details in your review, other than your own personal information;

(ix) not publish any review with a motive to sell services or products or redirect traffic to any other website;

(x) notify Beauty Love Australia if you receive a Client Product that you do not believe to be the correct Client Product required for the Review Services, or if the Client Product you receive is damaged; and

(xi) ensure that you meet all requirements, including due dates, set out for the Review Services as specified to you in writing by Beauty Love Australia.

(c) It is your responsibility to ensure that any Client Product that you agree to sample as part of the Review Services is suitable for you to use, including that you check the Client Product ingredients and warning labels for any allergens or toxic substances. You agree that Beauty Love Australia will not be held responsible and indemnify Beauty Love Australia for any harm suffered by you through use of a Client Product.

(d) You agree that other than as provided in Australian Consumer Law, you agree that the Client Product will be supplied to you on an ‘as is’ basis and will be non-refundable.

(e) You agree that you have not been induced or influenced to provide a review that is not representative of your honest and authentic opinion of the Client Product.

(f) The Client Product will be supplied to you regardless of whether your review is positive, neutral or negative.

(g) If you submit your required reviews as part of an agreed Offer on or prior to the due date communicated to you by Beauty Love Australia, you may receive preferential invitations to perform future Review Services.

4 ONE STRIKE RULE

(a) If you fail to publish any required reviews after agreeing to an Offer, Beauty Love Australia will immediately remove you as a Member, unless you notify Beauty Love Australia with a reason for which you could not publish the review that Beauty Love Australia finds satisfactory at our absolute discretion.

(b) If you fail to produce any required content after agreeing to an Offer, Beauty Love Australia retains the right to remove you as a Member at our absolute discretion, unless you notify Beauty Love Australia with a reason for which you could not produce the content that Beauty Love Australia finds satisfactory at our absolute discretion.

(c) If you refuse an Offer or breach any of the requirements set out in clause 3(b), Beauty Love Australia retains the right to remove you as a Member at our absolute discretion.

5 INTELLECTUAL PROPERTY

5.1 DEVELOPED IP

(a) You agree to irrevocably assign (including as a present assignment of future copyright) to Beauty Love Australia all Intellectual Property Rights in and to all Developed IP immediately upon creation of the Developed IP.

(b) You:

(i) warrant that Beauty Love Australia’s use of Developed IP as contemplated by these terms will not infringe any third-party Intellectual Property Rights; and

(ii) will indemnify Beauty Love Australia from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement or a claim of such an infringement.

(iii) agree that Beauty Love Australia and its clients can feature content generated by you (including your name, image, and likeness) on Beauty Love Australia and its clients owned and controlled social media platforms and owned digital assets including but not limited to company website, ad networks, email marketing, paid search listings, and any/all social media platforms, during the term of this Agreement and in perpetuity globally.

5.2 THIRD PARTY INTELLECTUAL PROPERTY

You warrant that:

(a) Your performance of the Review Services; and

(b) Beauty Love Australia’s receipt and use of any content created during your performance of the Review Services, including any reviews that you write, will not infringe the Intellectual Property Rights of any third party.

5.3 DEFINITIONS

For the purposes of this clause 5:

(a) “Developed IP” means any Material produced by you in the course of providing Review Services, including all reviews, and any Intellectual Property Rights attaching to that Material.

(b) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this Agreement.

(c) “Material” means tangible and intangible information, reviews, documents, reports, drawings, photos, videos, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.

6 THIRD PARTY SUPPLIERS

(a) We may do any of the following:

(i) outsource any part of performing any services related to providing the Client Products, including delivery of your Client Products; or

(ii) procure materials and Client Products from third party suppliers, without further notice to or permission from you.

(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of the delivery of your Client Products, or are negligent in providing services or goods.

7 RELATIONSHIP/PERSONAL CAPACITY

If you accept an Offer, you acknowledge and agree that:

(a) the relationship between Beauty Love Australia and a Member who performs Review Services is of a principal and an independent contractor. Nothing in this agreement constitutes or deems you to be an employee or agent of Beauty Love Australia.

(b)  you will perform the Review Services personally, and that you must seek Beauty Love Australia’s prior written approval before allowing any third party (including any employee) to perform any part of the Review Services.

(c) you must not subcontract any part of the Review Services without obtaining the prior written approval of the Client.

Part B  For When You Browse This Website…

8  ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

9 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Beauty Love Australia;

(b) use the Website for any purpose other than the purposes of viewing information that Beauty Love Australia has displayed on the Website, and to Sign-Up as a Member;

(c)  use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f)  act in a way that may diminish or adversely impact the reputation of Beauty Love Australia, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii)  scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

10 INFORMATION ON THE WEBSITE

(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i) the Website will be free from errors or defects (or both, as the case may be);

(ii) the Website will be accessible at all times;

(iii) messages sent through the Website will be delivered promptly, or delivered at all;

(iv) information you receive or supply through the Website will be secure or confidential; and

(v) any information provided through the Website is accurate or true.

(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

11 INTELLECTUAL PROPERTY

(a) Beauty Love Australia retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b)  You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Beauty Love Australia or as permitted by law.

(c) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

12 THIRD PARTY TERMS AND CONDITIONS

(a) The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.

(b) The Customer agrees to any Third Party Terms applicable to any third party goods and services, and Beauty Love Australia will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.

13 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

14  THIRD PARTY PLATFORM

(a) This Website may be powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.

(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced.

15 SECURITY

Beauty Love Australia does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

16 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Part C Liability And Other Legal Terms…

17 LIABILITY

(a) To the maximum extent permitted by applicable law, Beauty Love Australia limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Client Products or services provided by Beauty Love Australia, is limited to $100AUD.

(b) Claims for loss of or damage to Client Products in transit must be made against the carrier.

(c) Client Products supplied by Beauty Love Australia, will have only the benefit of any warranty given, and insurance held, by the manufacturer.

(d) All other express or implied representations and warranties in relation to Client Products supplied by Beauty Love Australia are, to the maximum extent permitted by applicable law, excluded.

(e) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(f) (Indemnity) You indemnify Beauty Love Australia and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:

(i) breach of any of these terms;

(ii) use of the Website; or

(iii) use of any goods or services provided by Beauty Love Australia.

(g) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Beauty Love Australia be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Client Products or services provided by Beauty Love Australia (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

18 GENERAL

18.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

18.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

18.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

18.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

18.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

18.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

18.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

18.8  INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $, or “dollar”, is to Australian currency;

(c) (gender) words indicating a gender includes the corresponding words of any other gender;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

19  NOTICES

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party, whichever is earlier.