Terms and Conditions

General Terms and Conditions

TERMS OF USE

Ya Beauty Partnership Pty Ltd (collectively “Ya Beauty”, “we”, “our”)

Our Site (hereafter defined) is designed to provide a convenient, private and informative retail experience for Members to purchase products and services.

The following are terms and conditions of a legal agreement which governs your use of the our Site currently operating under the domain name www.yabeauty.com.au (“Site”) (“Agreement”). This Agreement is between you and Ya Beauty Partnership Pty Ltd. As part of this Agreement, your use of this Site is also subject to our Privacy Policy.

By using our Site, you agree to be bound by the following terms and conditions of this Agreement, so please read carefully. We may change these terms and conditions at any point in time, and changes will be posted on the Site. By continuing your use of the Site, you agree to be bound by any changes made.

If you do not agree to these terms and conditions, please do not use this Site.

INFORMATION DISCLAIMER

No Warranty or Representation
You agree that any information supplied on the Site does not constitute as a warranty or representation but is provided for informational purposes only. Ya Beauty makes no warranty or representation as to the accuracy nor completeness of any information on or linked to the Site.

WEBSITE USE

User information
By registering a User Account with this Site, you are taken to have wholly agreed to this Agreement. You also agree to provide Ya Beauty with:

(a) a valid email address;
(b) accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
(c) any other information that may be required by Ya Beauty during the registration process.

You must promptly update this information to maintain its accuracy at all times. 

You represent and warrant to Ya Beauty that you are at least 18 years of age and all information provided to us by you, including the information provided by you through our User Account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights. 

Multiple Accounts, Unauthorised User Accounts and Automated Account opening
Ya Beauty may, in its absolute discretion, terminate and delete User Account(s) created through the following methods, without notice:

(a) Multiple User Accounts created for a user;
(b) User Accounts created by another Member using another person’s or Member’s personal information, whether such information has been obtained by consent or howsoever; and
(c) User Accounts created and registered by "bots" or other automated methods. 

Approval of Registration
Ya Beauty reserves the right to accept or reject any application for registration of an account with this Site at its absolute discretion.

Use
You are responsible for your own access and use of the Ya Beauty Services and accept the following terms:

(a) You must only use this Site through the interfaces provided by Ya Beauty and in accordance with this Agreement and any applicable law.
(b) after you have created a User Account with Ya Beauty, you may use the Site to search, view content and products, purchase products and interact with the material made available on the Site; and
(c) usage of the Ya Beauty Products and Services is for personal use only and is not to be used for any other purpose other than the purpose established by this Agreement.

You must not, without Ya Beauty’s prior authorisation (which may be withheld at our absolute discretion):

(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) this Site or the servers or networks that host this Site;
(b) use (or attempt to use) data mining, robots or similar data gathering and extraction tools on this Site;
(c) share your personal information to another Member;
(d) use another person or Member’s personal information, howsoever obtained, to create any User Account(s);
(e) use alter-egos or other disguised identities when accessing the Site, or utilise any form of indirect and ‘spoofed’ access to the Site;
(f) perform any caching or hypertext linking to any portion of the Site;
(g) interfere (or attempt to interfere) with security-related or other features of this Site; or
(h) reproduce, duplicate, copy, distribute, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site including Ya Beauty Product and Services provided through the Site.

Violations of this Agreement
Without limiting any other remedies available to Ya Beauty at law or in equity, we reserve the absolute right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide Ya Beauty Products and Services to you if:

(a) you breach any provision of this Agreement;
(b) we are unable to verify or authenticate any information that you provide to us; or
(c) we believe that your actions may cause damage and/or legal liability to us, any of our customers or suppliers or any other person.

Acceptance of Risk
You acknowledge and accept that:

(a) Your User Account is not a secure data storage facility for primary information that you wish to retain. Ya Beauty reserves the right to delete content stored using the Site any time without notice. If you want to secure your Content, you should take other measures to ensure safe and secure storage of your Content.
(b) Ya Beauty does not guarantee any specific results or benefits will be obtained from using Ya Beauty Services, purchase of Ya Beauty Products, or promotion or referral of customers to become, and the use or consumption of the Ya Beauty Products and Services may expose you to risk of physical harm.
(c) NOTHING CONTAINED IN THE SITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS, ADVICE OR TREATMENT OR HEALTH AND WELLBEING ADVICE OR INFORMATION OR THAT THE USAGE OF PRODUCTS AND SERVICES AVAILABLE ON THE YA BEAUTY WEBSITE ARE SAFE FOR YOUR PERSONAL USE, and you agree to make your own enquiries and seek professional advice for each illness, disease, infection, injury or other medical or health condition, health concern, or suitability of any product or service for your personally and for dosages or usage instructions in relation to any related Ya Beauty Product or Services made available for sale on the Ya Beauty Site.
(d) You purchase and use the Ya Beauty Products and Services having considered and accepting the potential risks associated with the purchase, and agree to be fully responsible for any adverse consequences that may occur to you resulting from your use of Ya Beauty Products and Services.

YOUR USER ACCOUNT WITH YA BEAUTY

Your Responsibilities
You must operate your user account in accordance with Ya Beauty’s directions and in particular, you agree to the following:

(a) upon registration, you will nominate an email and password for your use of the Site and the associated services provided through the Site (including your web browser being directed and landing on our Site);
(b) you are responsible for the accuracy, quality and legal integrity of your data and the means by which you acquire your data;
(c) you may be required to have and maintain an internet or data connection in order to access the Site;
(d) Ya Beauty has no obligation to investigate the source of any access to verify your use of the Site. Each time the password or identification selected by you at registration is utilised to access the Site, it is deemed to be accessed by you or authorised by you, including (without limitation) all communications and transmissions and all obligations (including but not limited to financial obligations) incurred through such access or use of the Site;
(e) you have permission to use and operate your own User Account, but the extent of that use and operation is at Ya Beauty’s sole discretion. We may maintain your User Account differently to the accounts of other users;
(f) your User Account must only be created and operated by you on your own behalf. You must not create nor operate your user Account on behalf of anyone else, including but not limited to an organisation that is not a natural person (“Organisation”). However, if we permit you to open a User Account on behalf of an Organisation, then:

(i) the word “you” in this Agreement includes both you and the Organisation; and
(ii) you represent that you are authorised to represent the Organisation and that you have the full legal authority to bind the Organisation to this Agreement;

(g) Ya Beauty has no obligation to investigate and resolve any complaints in relation to new and additional User Account(s) being created due to your own disclosure of your personal information to another person.
(h) if you connect the services with a Third Party Service (such as, Ya Beauty Academy) with which you have a user account, you authorise Ya Beauty to use information about you available from the Third Party Service and to store your user login information for that Third Party Service;
(i) you take full responsibility for everything done through your User Account and in particular –

(i) you agree to not share the login credentials for your User Account with any other person, or permit any automated use of your User Account without our written consent;
(ii) you agree to use a password for your User Account that is not easily identifiable or ascertainable and likely to remain secure (incorporating upper and lower case letters, numbers and symbols). We are not responsible for any unauthorised activity on your User Account if you fail to keep your account login information secure;
(iii) you agree to notify us straight away if you suspect another party has access to your User Account or if you suspect that another party is conducting activity through your User Account .
(iv) you agree to use commercially reasonable efforts to prevent unauthorised access to or use of the Site; and
(v) you agree to not seek to circumvent our methods intended to control access to the Site;

(j) you must only provide Ya Beauty accurate and complete information about you when you create your User Account . If your details have changed after creating your User Account, you must update the relevant information; and
(k) you agree that Ya Beauty may send you an email or other electronic messages concerning your User Account, Ya Beauty and its commercial partners from time to time. You will have the right to opt out the information sent.

PRICES

Ya Beauty reserves the absolute right and discretion to make any changes, without notice, to the Ya Beauty Services and Products shown on the Site at any time including any action to modify, amend, suspend or discontinue all of or any part of the Ya Beauty Services and Products.

Shipping costs will depend upon the location of your nominated delivery address and the Ya Beauty Product purchased. Shipping costs will be shown separately during the checkout process.

Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be exclusive of GST (unless otherwise specified). For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

PAYMENT METHODS

We accept all major credit cards including Visa and MasterCard. There is no surcharge for Visa or Mastercard transactions with Ya Beauty.

All payments made through the Site will be processed and charged by the third party or company designated by Ya Beauty in accordance with the payment method that you may elect at the time of payment for your Order. By making a credit card payment and thereby designating a card to be billed, you confirm that you have the full authority to make such payment and that you are either the holder of such card (i.e., that the card is issued in your name), or you are authorised to use the credit card by the holder.

Please ensure you provide your correct billing address and contact details as exactly provided to the bank institution for your credit card, as incorrect information may cause a delay or cancellation in processing your order.

Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your credit card details at any point in time. In the event that we cannot fulfil your order for reasons beyond our control, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.

ORDERS

Order Constitutes Offer
By placing an order through this Site (“Order”), you make an irrevocable offer to us to purchase the Ya Beauty Products and Services that you have selected pursuant to this Agreement. Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any products or services to you – however, we will use reasonable commercial endeavours to supply your selected Ya Beauty Products and Services to you.

We will not commence processing any Order made through this Site unless and until payment for the Order has been received by us in full.

Order Acceptance Policy
Your receipt of an electronic or other form of Ya Beauty Product or Service confirmation does not signify our acceptance of your Order.

Acceptance of each Order will take place if and when Ya Beauty ships the requested Ya Beauty Product(s) to your nominated delivery address, at the time at which the Ya Beauty Products are despatched by us. Title to, and risk in, the items will pass from us to you at that time.

Right to Cancel or Refuse Order
At any time after receipt of your Order, if a situation arises beyond our control preventing or restricting our ability to fulfil an Order, we reserve the right at our absolute discretion to, without any prior notice:

(a) to decline all or part of your Order;
(b) to supply less than the quantity you ordered of any Ya Beauty Product;
(c) refuse to provide Ya Beauty Products to you;
(d) terminate your access to this Site (as appropriate); and/or
(e) remove or edit any content on this Site.

We may also require additional verifications or information before accepting any order of Ya Beauty Products and Services, where your failure to do so may result in refusal or cancellation of your Order.

In the event that we cancel or are unable to fulfil your Order, we will provide a full refund of any payment received using the payment method used for the purchase of the Order.

Typographical Errors
If there are any errors in the description of any Ya Beauty Product on the Site due to typographical errors or any other errors, we reserve our right to refuse or cancel any orders placed for such Ya Beauty Product and Services. Ya Beauty shall have the absolute discretion to refuse or cancel any such Orders whether or not an Order confirmation has already been provided to you and your credit card charged. If money has already been charged to your credit card for the relevant purchase of the Ya Beauty Product and Services, we will immediately provide a refund to your credit card in the amount of the incorrect price.

DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS AND SERVICES

TO THE FULLEST EXTENT POSSIBLE AT LAW, WE EXCLUDE ALL LIABILITY TO YOU OR ANYONE ELSE FOR LOSS OR DAMAGE OF ANY KIND RELATING IN ANY WAY TO THE SITE EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON ITS SITE OR OTHER FORUMS. YA BEAUTY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT FOR THE 'CONSUMER GUARANTEES' (“THE LAW”) OUTLINED IN THE AUSTRALIAN CONSUMER LAW (FOUND AT DOMAIN: https://www.accc.gov.au/). YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YA BEAUTY ARISING FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE PRICE OF THE PRODUCT AND SERVICES ORDERED. IN NO EVENT SHALL YA BEAUTY’S DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE HELD LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO ANY PRODUCTS AND SERVICES SOLD.

TO THE EXTENT PERMITTED BY THE LAW, OUR LIABILITY IS LIMITED TO ANY ONE OR MORE OF THE FOLLOWING OPTIONS:

In the case of Ya Beauty Products:

(a) The replacement of products or the re-supply of equivalent products;
(b) The repair of products;
(c) The reimbursement of the cost of replacing the products or of acquiring equivalent products; or
(d) The reimbursement of the cost of repairing the products.

In the case of Ya Beauty Services:

(a) The supply of the services again; or
(b) The reimbursement of the cost of re-supplying the services.

Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

(a) For major failures with the service, you are entitled:

(i) to cancel your service contract with us; and
(ii) to a refund for the unused portion, or to compensation for its reduced value.

(b) You are also entitled to choose a refund or replacement for major failures with goods.
(c) If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
(d) You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Use Of Site

UNDER NO CIRCUMSTANCES SHALL YA BEAUTY OR ANY OTHER RELATED PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR REGISTRATION INFORMATION, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) NEGLIGENT OR WILFUL ACTS OF YA BEAUTY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES OR (vi) ANY OTHER MATTER RELATING TO THE SITE.

INDEMNITY

Definition of “Claim”
“Claim” means any and all claims, suits, causes of action, liability (including taxation liability), loss (including consequential loss), damages, demand, claim of awards or benefits under the Compensation Plan for the Members, allegation, debt, costs and expenses (including legal fees on an indemnity basis and other professionals’ and experts’ fees, and court and arbitration costs), proceeding or demand of any nature how soever arising, whether present or future, fixed or uncertain, actual or contingent, known or unknown or whether at law (including breach of contract and tort of negligence) , in equity, common law, under statute, or otherwise.

Exclusion of Liability & Indemnity of Ya Beauty
By using this Site, you agree to indemnify and hold harmless Ya Beauty and its officers, employees, agents, consultants, licensors, related entities (as defined in the Corporations Act 2001 (Cth)), partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

(a) any material or information that you submit, post, transmit or otherwise make available through this Site;
(b) your use of, or connection to, this Site; or
(c) your negligence or misconduct, breach of this Agreement or violation of any law or the rights of any person.

INTELLECTUAL PROPERTY

Copyright
In this Agreement, the term “Proprietary Content” means:

(a) this Site;
(b) all of its content (including, without limitation, all design, texts, graphics, pictures, video, information, applications, software, music, south, and other files contained therein or related thereto, and the arrangement thereof, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents contained in this Site); and
(c) all software, systems and other information owned or used by Ya Beauty in connection with the products offered through this Site (whether hosted on the same server as this Site or otherwise).

All Proprietary Content is the property of Ya Beauty or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by this Agreement or with the prior written consent of Ya Beauty or other copyright owner (as applicable).

You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks
The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Ya Beauty. These trademarks, service marks and trade dress must not be used, copied or imitated, in whole or in part, without the prior written consent of Ya Beauty.

Copyright claims
If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material from our Site as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material from our Site at our absolute discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material from our Site pending resolution of that legal action.

OUR RIGHTS
We reserve our full rights to electronically monitor the Site without notice or liability.

We may also disclose any Content, records, or electronic communication of any kind for the following purposes without previous notice or liability:

(a) to satisfy any law, regulation, or government request;
(b) if such disclosure is necessary or appropriate to operate the Site; 
(c) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. 

APPLICABLE LAW
This Agreement will be governed by and interpreted in accordance with the laws of the State of New South Wales, Australia. You acknowledge and irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.

Should any part of this Agreement is found to be void, unlawful or unenforceable, then that part will be deemed to be severable from the remainder of this Agreement and the severed part will not affect the validity and enforceability of the remaining provisions of this Agreement.

TERMINATION
The terms and conditions of this Agreement are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to, in our sole discretion, suspend, deny, limit or terminate, your use to all or any part of the Site without prior notice or liability. You acknowledge and agree that we may also deactivate or delete your registration and any and all related information under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

We may change, suspend or discontinue all or any part of the Site at any time, including the availability of any Ya Beauty Products and Services, without prior notice or liability.

 

 

Member Agreement

1. YOUR ACCEPTANCE OF THE TERMS

1.1 Agreement
These Terms of Service are a legal agreement between you and Ya Beauty Partnership Pty Ltd (“Ya Beauty”). They apply to Ya Beauty’s provision and your use of Ya Beauty’s content platforms, sites, applications and services. Your access to the services is permitted by Ya Beauty on the basis that you have accepted these terms, and in consideration for that acceptance. If you do not agree to the terms, you are not permitted to access the services in any manner. If you do access the services (whether you make use of them or not), you are deemed to have agreed to these Terms in their entirety. Your agreement with Ya Beauty includes any specific additional terms and policies that apply to any specific services that you use.

1.2 Site
If you are dissatisfied with the Ya Beauty website or the services, your sole and exclusive remedy is to stop using the services except for the limited warranties offered by Ya Beauty or as otherwise expressly stated in this Agreement.

 

2. MEMBERSHIP

2.1 Eligibility
The following criteria must be met by an Applicant to be eligible for consideration of membership to Ya Beauty:

1. a) the Applicant must be a natural person;

2. b) the Applicant must be sponsored by a Business Partner of Ya Beauty;

3. c) the Applicant must be at least 18 years of age;

4. d) the Applicant must have submitted a complete Ya Beauty Member application form online via the Ya Beauty website.

2.2. Acceptance of Membership
Ya Beauty has the unfettered right to accept or reject any Application as it deems appropriate in its discretion without having to provide justification or reasons to the Applicant for either the acceptance or rejection of the Application.

2.3 Member Access & Commencement
The Applicant becomes a Member when the Application for Membership is accepted and upon the information of the Application being entered into Ya Beauty records. Until then, the Applicant is not permitted to buy and refer Ya Beauty services and products. Access to Ya Beauty’s website after registration does not mean the applicant’s Membership has been accepted nor that an application will be considered for acceptance.

 

2.4 Term of Membership
The Term of membership commences from the date of the Applicant’s membership approval and registration on Ya Beauty records and continues until the twelve (12) month anniversary of the membership commencement date or until otherwise terminated by the parties in accordance with the Terms of this Agreement (“the Term”).

2.5 Automatic Renewal of Membership
A Member’s membership with Ya Beauty will be automatically renewed at the expiry of the Term only if the Member continues to satisfy the Ya Beauty eligibility requirements specified in clause 2.1 herein (or as otherwise specified from time to time). The renewed Term is subject to the terms of this Agreement or as otherwise specified from time to time.

2.6 Membership Payment
There is no Application or joining fee to become a Member of Ya Beauty.

3. MEMBER BENEFITS

3.1 Access to Ya Beauty Products
Members will have access to the Ya Beauty Member section of the Ya Beauty website and will have access to a range of Ya Beauty products and services for purchase as made available by Ya Beauty in its sole discretion from time to time. The prices established on the Ya Beauty website Members area are exclusive membership prices that are the confidential information of Ya Beauty for the knowledge and awareness of Members only. There is no minimum purchase order requirement to maintain membership with Ya Beauty.

3.2 Minimum Purchase Requirement
There is no minimum purchase order requirement to maintain membership with Ya Beauty for the Term.

3.3 Compensation Plan
During the term of this Agreement and providing Business Partner to Ya Beauty is current, Ya Beauty Business Partner will have access to the Compensation Plan in accordance with the information provided by Ya Beauty from time to time. The Compensation Plan is subject to change as Ya Beauty in its unfettered discretion deems appropriate from time to time and includes but is not limited to Ya Beauty:

1. a) changing the way that commissions, awards or points are earned;

2. b) change the way that commissions, awards or points may be redeemed;

3. c) adding or removing commissions, awards or points in whole or in part;

4. d) forfeit, cancel or suspend commissions, awards or points in whole or in part;

Benefits under the Compensation Plan are be awarded to a Business Partner when:

1. e) the referred Member purchases Ya Beauty products;

2. f) Downline Business Partner refers other customers to Ya Beauty who become Ya Beauty Business Partners; and

The Business Partner is responsible to ensure that any of its referred Members use the referring Business Partner’s sponsor ID. Ya Beauty takes no responsibility to ensure that the Sponsor ID provided when a referred Member joins is accurate, or connected with the referrer Sponsor ID.

Benefits are awarded as specified in the Compensation Plan. These benefits, commissions and awards are not transferable between Business Partners or to third parties. Business Partners can only claim the benefits specified in the Compensation Plan during the term of the Agreement and while being a current Business Partner. The benefits under the Compensation Plan are not proprietary to the Business Partner and cannot be claimed as the Business Partner’s property. The benefits indicate an amount that will be paid by Ya Beauty to the Business Partner as an award for purchases or referrals that convert to sales purchases connected with the referring Business Partner’s Sponsor ID. Business Partners must accept the benefit in the form that is provided to it by Ya Beauty.

3.4 Membership Access & Referral License
Business Partners are granted a revocable, non – exclusive, non - assignable, limited referral license to recommend and refer Ya Beauty services and products within the territory of Australia for the period that the Membership and this Agreement remains in effect. Business Partners are not required to promote or refer to maintain membership and there are no minimum quantity product order or referral sales requirements. Business Partners however are required to:

1. a) act in good faith at all times towards Ya Beauty and provide such assistance and co-operation as requested by Ya Beauty from time to time;

2. b) ensure that any referrals for purchase are directed to the Ya Beauty website to become Members are genuine consumers of Ya Beauty products and services;

3. c) deal ethically, honourably and fairly with customers of Ya Beauty products;

4. d) provide to potential customers true, complete and accurate information in a professional and courteous manner and in accordance with any product instructions, technical information, or usage directions as specified on products packaging and/or any accompanying documentation;

5. e) advise their customers of any necessary precautions needed to be taken prior to use of any Ya Beauty products and services;

6. f) abide by all laws within the jurisdiction of which it resides;

7. g) stay informed and comply with Ya Beauty policy, rules, requirements, documentation and Member responsibilities at all times and as specified by Ya Beauty from time to time;

8. h) maintain in strict confidence the pricing policy and other Member information relating to products and services made available to Members on the Ya Beauty website;

9. i) comply with all lawful and reasonable requests of Ya Beauty;

10. j) comply fully with each of the terms of this Agreement and any policy, rules or regulations of Ya Beauty as it provides from time to time;

11. k) promptly inform and report conduct of other Members that the Member reasonably suspects or knows is a breach of this Agreement as soon as the Member view is formed or as soon as the breach becomes known to the Member.

4. WEBSITE USE

4.1 Use
You are responsible for your own access and use of the Ya Beauty services and accept the following terms:

1. (a) after you have created an account with Ya Beauty, you may use the website to search, view content and products, purchase products and interact with the material made available;

2. (b) Ya Beauty has the right to make any changes to the services and products at any time including any action to modify, amend, suspend or discontinue all of or any part of the services or products within Ya Beauty’s discretion and without notice;

3. (c) usage of the Ya Beauty website products and services is for personal use only and is not to be used for any other purpose other than the purpose established by this Agreement;

4. (d) you are responsible to ensure the safety and compatibility of the services and products provided by Ya Beauty for your own usage, consumption or dealing;

5. (e) you acknowledge that your Member account is not a secure data storage facility for primary information that you wish to retain. Ya Beauty reserves the right to delete content stored using the Ya Beauty website at any time without notice. If you want to secure your Content, you should take other measures to ensure safe and secure storage of your Content.

4.2 Site Availability
Ya Beauty does not guarantee that the website, products or services will always be available, work, or be accessible at any particular time. Further, only users who are eligible to use our services may do so and Ya Beauty reserves the right to limit access to or terminate the service and Membership of anyone without limitation.

5. MEMBER PROHIBITED ACTIONS

5.1 Actions not permitted
Ya Beauty prohibits the use of the Ya Beauty site, its products and services and its Intellectual Property in any manner other than as expressly allowed by Ya Beauty in the terms of this Agreement. You agree that you will not do any of the acts specified below and without limiting the rights Ya Beauty may have, you agree that Ya Beauty may suspend, terminate or delete your Membership account immediately and without notice if:

Payment
a) you charge or attempt to charge a fee to prospective Ya Beauty Members in exchange for any of the following:
i. sponsorship of a Member application;
ii. an offer of assistance of a prospective member in application of membership to Ya Beauty;
iii. training or information to a prospective Member or Customer of on the products and services of Ya Beauty;
iv. admission tickets or invitations to attend seminars, meetings or other informational events;
v. for any other action that relates to obtaining information about Ya Beauty Membership, products or services.

True Information
b) you lie or mislead Ya Beauty (and, in some circumstances, other Members) about your personal details that you provided in your Membership Application;

Registration of Another
d) registering or applying for membership with Ya Beauty another person without their express written consent or the express written consent of Ya Beauty;

Misrepresentation or Misstatement
f) misrepresent, mislead, or misdescribe Ya Beauty products, services or Membership benefits to third parties, prospective members or prospective customers;

Member Pricing Confidential to Members
g) disclose Ya Beauty Membership prices to any non- Member of Ya Beauty;
h) disclose Ya Beauty product or service information to any non – Member that is not authorised Ya Beauty promotion material without the prior first obtaining the express written consent of Ya Beauty;

Use of Brand, Logo and Materials
i) use the trade mark, logo or other Intellectual Property of Ya Beauty in any way that is not expressly authorised in the terms of this Agreement;

Selling Products
j) sell or attempt to sell Ya Beauty products or services using any method that is not the official Ya Beauty website (or other official Ya Beauty forum) or that is not expressly authorised by the terms of this Agreement or as otherwise authorised to in writing by Ya Beauty from time to time. Prevented methods of sale include (but are not limited to):
i. non – Ya Beauty official and approved websites or online forums including but not limited to:
• bidding or auction sites (such as but not limited to www.ebay.com), other websites such as Amazon or other similar sites;

Conduct between Members and Customers
k) your stalk, harass, threaten, defame, abuse, racially or sexually vilify, bully or harm another individual or Member of Ya Beauty;

Transactions between Members
l) enter unauthorised transactions or illegal transactions of any kind including transactions that may occur between Members;

Competing Products and Services
m) sell or represent to current and prospective customers of Ya Beauty, products or services that may reasonably be regarded as products or services that compete with Ya Beauty products and services;

Forcing Sales
o) encouraging or promoting Member down lines or consumers to purchase products in a manner that may be reasonably regarded as coercive, excessive pressure or in a manner that is not genuine promotion for the sale of products or services for the dominant purpose of consumer consumption;
p) represent that the purchasing of products is necessary to become a Member of Ya Beauty or to obtain information about Ya Beauty products and services.

Changing of Sponsor
q) changing or attempted changing of sponsors without the express written authority of Ya Beauty;
r) enticing offering, soliciting, influencing or persuading another Member to change or attempt to change their Sponsor or line of sponsorship.

Change of Ya Beauty Representative Company
s) changing or attempted changing of Membership to another Ya Beauty centre to obtain similar products or services as offered by Ya Beauty Partnership Pty Ltd;

Respect Member Customer Lines
t) recruiting or attempted recruiting of customers or Members or prospective customers or Members that have been introduced to Ya Beauty by, or comprise of the sales lines of another Member;

Publication of Sponsor ID
u) publish the Member Sponsor ID on personal websites, internet based applications, social media applications, social media websites or other media forum including newspaper, magazines, television and radio.

Alteration of Information, Products or Services
v) alter, modify or change any of the products or services of Ya Beauty (including packaging, accompanying information, and instructions) in any manner (including attempted alteration, changes or modifications) without the prior written authority of Ya Beauty.

Genuine Purchases
w) purchase products or services with the dominant purpose of benefiting from the Compensation Plan;

No Broad Advertising and Promotion
x) not promote publicly or publish invitations to meetings, invitations to learn about Ya Beauty and its products and services, information about Ya Beauty or its products or services with the purpose of inducing or soliciting Membership;

6. INTELLECTUAL PROPERTY

6.1 Meaning of Intellectual Property Intellectual Property means all copyright, trade mark rights, logo, patent rights, design rights or any other Intellectual Property Rights subsisting in or created during the development of the products, Ya Beauty website, Ya Beauty business, and the Trade Marks and any advertising and promotional materials provided to the Member including software, Confidential Information, source and object codes, scripts, records, documents, advertising and promotional materials, media content, specifications, plans, program listings, calculations or drawings and all Confidential Information necessary for, or which may be used in connection with the administration, operation and marketing of the Ya Beauty products and services.

6.2 Use
The Member agrees that all rights in and relating to the Intellectual Property are and remain the property or under the control of Ya Beauty and that the Member does not acquire any right, title or interest in any of the Intellectual Property.

The Member must:

1. a) not register or seek to register any of the Intellectual Property without the prior written consent of Ya Beauty;

2. b) not cause any of the Intellectual Property to be prejudicially affected or contested;

3. c) not use the Intellectual Property without the prior express written authority of the Member;

4. d) not make any alterations to the Intellectual Property;

5. e) not use the Ya Beauty brand name or any derivative of the words comprising the Ya Beauty brand name, in the Member’s business, or personal domain names;

6. f) stop using the Intellectual Property upon the termination of this Agreement or Membership or at the immediate request of Ya Beauty;

7. g) not modify the design, appearance and attributed of any products or services, packaging, promotion or marketing materials;

8. h) not register or attempt to register a business name or company name that contains the word “Ya Beauty” or any combination of words that indicates a connection with or is similar to Ya Beauty.

9. i) not consent or oppose or assist any other person to contest or oppose any application for registration of the Intellectual Property as trademarks or as business or company names.

10. j) not reproduce, in whole or in part, any printed material or audio or visual recordings that have been produced by Ya Beauty unless given prior written authorisation to do so by Ya Beauty. These materials are protected by copyright form part of the Intellectual Property whether registered or unregistered and are considered proprietary to Ya Beauty.

7. CONFIDENTIAL INFORMATION

7.1 Confidential Information Meaning
Confidential Information” means:

1. a) the ideas, techniques, systems, processes, trade secrets, designs, inventions, methodologies and procedures developed by the Employer;

2. b) any information regarding the Ya Beauty relating to their business and business processes, including financial information, accounts, financial records, customer records, business plans, pricing, customer lists and all associated information; and

3. c) all reports, proposals, memoranda, drawings, diagrams, statements, accounts and other documents created during the course of the Executive’s employment;

but does not include information that is already in the public domain at the time this Agreement is executed or which subsequently falls into the public domain lawfully and through no breach of any duty of confidentiality.

7.2 Prohibited Conduct
The Member agrees that:

1. a) it will not use the Confidential Information to conduct or establish a business or assist another to establish or conduct a business that is similar to the business of Ya Beauty in concept, design or execution without first obtaining the prior written approval of Ya Beauty.

2. b) it will not disclose the Confidential Information to any other party without the prior written authority of Ya Beauty;

3. c) it will take all reasonable steps to ensure the safety and integrity of the confidential information to prevent it from disclosure to any unauthorised party;

4. d) it will on demand of Ya Beauty, return any confidential information supplied by Ya Beauty to the Member in connection with Membership and this Agreement;

5. e) this clause survives termination of this Agreement.

8. RELATIONSHIP OF THE PARTIES
The Member agrees that:

1. a) If the Member actively conducts promotion of Ya Beauty with a view to earn benefits under the Compensation Plan, the Member does so as an independent contractor and is responsible for its own business affairs that includes but is not limited to:
   i. establishing customer leads and maintenance of its own customer information;
   ii. setting its own objectives, strategies and scheduling;
   iii. obtaining, insuring, and usage of any necessary equipment, products or services;
   iv. uniforms or other suitable attire;
   v. any expenses connected with operational costs, licensing, insurance and other incidental items;
   vi. payment and account of any applicable taxes including any GST liabilities or payment and taxes connected to receipt of any Compensation Plan awards, commission payments or other benefits.

2. b) that the relationship between Ya Beauty and the Member is not one of partner, principal and agent, employee, franchisee, joint venture, securities holder, fiduciary or beneficiary;

3. c) that it does not have the power or authority either directly or indirectly or through its servants or agent (if any) to bind Ya Beauty with a customer or other third party or otherwise contract or negotiate or attempt to enter a binding relationship for or on behalf of Ya Beauty.

9. INFORMATION DISCLAIMER
The Member agrees that:

9.1 Information Reliance
All information supplied has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, improve, benefit, cure, or prevent any disease, medical condition, or health concern or physical goals. No warranty is made that any information on or linked to the Ya Beauty site is complete and/or accurate. All information contained on the Ya Beauty website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form and must be purchased and used or consumed in consultation with medical or professional heath care advice.

9.2 Must Seek Advice
Professional advice is required for each particular illness, disease, infection, injury or other medical or health condition and for dosages or usage instructions in relation to any health related product or service made available for sale on the Ya Beauty website. This information is not to be taken as any sort of medical advice whatsoever, and the Member takes full and total responsibility for what the Member does with this information, and any resulting outcomes from the Member’s actions. Members must also consult with their physical health care provider prior to the purchase and use of any of the Ya Beauty products or services available on the Ya Beauty website.

9.3 No Substitute for Advice
The information contained in this Site is not intended nor is it implied to be a substitute for professional medical or health advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health care provider when starting any new medical treatment, dietary plan, dietary consumption, usage of product, physical exercise or activity, continuing with medical treatment or with any questions you may have regarding yours or any other parties medical or physical condition. NOTHING CONTAINED IN THE SERVICE OR YA BEAUTY WEBSITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT OR HEALTH AND WELL BEING ADVICE OR INFOMRATION OR THAT THE USAGE OF PRODUCTS AVAILABLE ON THE YA BEAUTY WEBSITE ARE SAFE FOR YOUR PERSONAL USE.

9.4 No Guarantee of Results
Ya Beauty does not guarantee that any specific or beneficial result will be obtained from use of the Ya Beauty services, purchase of Ya Beauty products, or promotion or referral of customers to become Members and purchase Ya Beauty products.

9.5 Action by You
If you notice any adverse, detrimental, negative or concerning changes to your physical, mental or emotional health upon accessing Ya Beauty services and products, you will seek the attention of your independent health care professional immediately.

9.6 Testimonials
Any testimonials displayed on the Ya Beauty website may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.

9.7 Acceptance of Risk
You acknowledge and accept that the purchase and use of the Ya Beauty products and services may expose you to risk of physical harm when used or consumed. You purchase and use the product having considered and accepted the potential risks and are responsible for any adverse consequences that may occur.

10. DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS AND SERVICES SOLD
The Member agrees that:

10.1 EXCEPT AS EXPRESSLY STATED HEREIN THIS AGREEMENT, YA BEAUTY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON ITS WEBSITE OR OTHER FORUMS EXCEPT AS EXPRESSLY STATED HEREIN. YA BEAUTY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE YA BEAUTY WEBSITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT FOR THE 'CONSUMER GUARANTEES' (“THE LAW”) OUTLINED IN THE AUSTRALIAN CONSUMER LAW (FOUND AT:WWW.ACCC.GOV.AU). YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YA BEAUTY ARISING FROM ANY PRODUCT SOLD ON THE YA BEAUTY WEBSITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL YA BEAUTY’S DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

10.2 TO THE EXTENT PERMITTED BY THE LAW, THAT OUR LIABILITIY IS LIMITED AT OUR OPTION TO ANY ONE OR MORE OF THE FOLLOWING:

In the case of products or goods—

i. The replacement of goods or the supply of equivalent goods;
ii. The repair of goods;
iii. The payment of the cost of replacing the goods or of acquiring equivalent goods;
iv. The payment of the cost of having the goods repaired;

In the case of services—

v. The supplying of the services again; or
vi. The payment of the cost of having the services supplied again.

11. INDEMNITY
The member agrees that:

11.1 Claim Meaning
“Claim” means any and all claims, suits, causes of action, liability (including taxation liability), loss (including consequential loss), damages, demand, claim of awards or benefits under the Compensation Plan, allegation, debt, costs and expenses (including legal fees on an indemnity basis and other professionals’ and experts’ fees, and court and arbitration costs), proceeding or demand of any nature how soever arising, whether present or future, fixed or uncertain, actual or contingent, known or unknown or whether at law (including breach of contract and tort of negligence) , in equity, common law, under statute, or otherwise.

11.2 Exclusion of Liability & Indemnity of Ya Beauty
the Member at all times will indemnify Ya Beauty and their officers, employees, agents, suppliers and licensors in respect of any Claims that is suffered or incurred by them arising in whole or in part out of or as a result of a breach of the Terms of this Agreement terms or due to any unlawful conduct committed by the Member including a breach of Intellectual Property Rights of third parties.

11.3 Ya Beauty is not liable to any Member in respect of any Claim of a Member as against Ya Beauty that arises in connection with this Agreement and the Member holds harmless and keeps indemnified Ya Beauty against any and all Claims at all times.

12. REPUTATION, DIPARAGEMENT & DISREPUTE
The Member agrees that:

12.1 Lawful Conduct
the Member will always conduct itself in a manner that is compliant with the laws of the jurisdiction of which it resides or conducts business activity within;

12.2 Positive Conduct
the Member will not conduct itself in a manner that Ya Beauty in its absolute discretion regards as being a risk of bringing Ya Beauty into public disrepute and the Member will endeavour to conduct itself in a manner that presents a positive image for Ya Beauty and its products and services.

12.3 Non-disparagement
the Member will not in any way, whether in writing, orally or otherwise, call into disrepute, slander, defame or otherwise criticise Ya Beauty or any of its directors, officers, staff, employees, agents, Ya Beauty products or Ya Beauty services

13. SUSPENSION OF RIGHTS, MEMBERSHIP OR BENEFITS
The Member agrees that:

13.1 Suspension
Ya Beauty may in its unfettered discretion and without prejudice to any rights it has under this Agreement (including termination), suspend, or alter any rights or benefits contained with Membership to Ya Beauty including but not limited to purchasing of products and services, referral rights, suspension of rights granted via the Compensation Plan, non- payment of Compensation Plan benefits, non awarding of Compensation Plan points or cancellation or suspension of any bonus payments or awards and may do so for any period of time and for any amount or value that Ya Beauty determines appropriate in its absolute and unfettered discretion.

14. TERMINATION & EXPIRY OF MEMBERSHIP AGREEMENT

14.1 Termination by Ya Beauty for Breach
The Member agrees that Ya Beauty without prejudice to any other rights it may have under this Agreement or at law, may terminate this Agreement immediately by written notice if the Member is in breach of any term of this Agreement.

14.2 Termination by Ya Beauty Without Cause
The Member agrees that Ya Beauty may terminate this Agreement and any Membership of a Member for any reason whatsoever, by providing written notice of termination of fourteen (14) days.

14.3. Termination by Member
Ya Beauty agrees that a Member may terminate its Membership and this Agreement for any reason by providing a letter of Membership termination to Ya Beauty by email at: info@yabeauty.com.au or as otherwise specified by Ya Beauty from time to time. Membership termination will be deemed accepted at the time of receipt by Ya Beauty.

14.4 Effect of Termination
Upon termination or expiry of Membership and this Agreement, the Member agrees that:

1. a) referral rights granted to the Member under this Agreement come to an end;

2. b) any Member benefits, bonuses, points, awards, prizes or other items specified in the Compensation Plan (as provided and updated by Ya Beauty from time to time) are immediately no longer redeemable, or recoverable by the Member in any manner whatsoever;

3. c) all rights and licenses of the Member to use any of the Intellectual Property (including brand name, trademarks, Confidential Information) revert to Ya Beauty without the need for anything else to be done by Ya Beauty;

4. d) it will stop using and displaying in any manner, the Intellectual Property or anything that imitates or is deceptively similar to the Intellectual Property of Ya Beauty;

5. e) cease using any Confidential Information;

6. f) do all things necessary (including executing all documents) reasonably required by Ya Beauty and necessary or desirable to give full effect to the obligations of the Member at the end of this Agreement.

15. Products and Services

15.1 Price
The prices for services provided on the Ya Beauty website will be as set out on the website at the time you apply to purchase. Ya Beauty reserves the right to alter, update, and/or change the prices for the products or services at any time. Ya Beauty may conduct such modifications to our pricing due to changes in the exchange rate values applicable at the time. All prices are in Australian dollars unless otherwise stated and are inclusive of GST.

15.2 Purchase
You may be elect to purchase products and services of Ya Beauty. When selecting to purchase, you will be required to provide Ya Beauty with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors. By ordering an Ya Beauty product or service, you agree that Ya Beauty may charge you the price listed at the checkout screen on our website. If you have any issues with payment do not hesitate to contact Ya Beauty.

15.3 GST
Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”) have the same meaning given to them in that Act. Unless otherwise stated, any amount specified in the Terms or the website as the consideration payable for any taxable supply includes any GST payable in respect of that supply. Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with the Terms.

15.4 Refunds, Exchange and Cancellation
All refunds, product exchanges or cancellations will be made in accordance with Ya Beauty’s Refund & Exchange Policy as made available at:
www.yabeauty.com.au or as otherwise specified by Ya Beauty from time to time.

15.5 Product Availability
Due to product demands, Ya Beauty products and services may not be available at all times. If no products or services are available, Ya Beauty will contact you and inform you of our product availability and projected delivery times. Although our product may be delayed or momentarily unavailable, you agree that we may still charge your credit card and deliver the Ya Beauty products and services when they become available.

15.6 Taxes
You agree that Ya Beauty may charge you taxes such as GST for any purchases through our website and Services. If Ya Beauty fail to charge you GST you agree to pay any applicable GST or other taxes as required by your local laws and ordinances. You agree that Ya Beauty is not responsible for providing you with advice in regards to your tax liabilities.

16. PRIVACY
Ya Beauty is committed to ensuring that you can enjoy the services and products while safeguarding your private information. You must review Ya Beauty’s privacy policy (attached to these Terms and headed (“Ya Beauty Privacy Policy”) to ensure you know how you can make the best use of the services without compromising your privacy.

17. GENERAL

17.1 Amendments to Terms
Ya Beauty reserves the right to amend these Terms and its policies whenever Ya Beauty considers it necessary to do so within Ya Beauty’s reasonable discretion. If you wish to modify these Terms, you must obtain Ya Beauty’s agreement to vary the Terms in writing.

17.2 Incorporation of Policies & Rules
In accepting these Terms, you also agree:

1. a) to comply with all of Ya Beauty’s policies and rules concerning the products and that are made available for all Member from time to time; and

2. b) that a breach of these policies or rules, by you constitutes a breach of these Terms.

17.3 Assignment
You cannot assign your rights, benefits or obligations under these Terms without Ya Beauty’s prior written consent. Ya Beauty can novate or assign its rights or obligations under these terms without restriction.

17.4 Automated Access
All Automated Access is also subject to these terms. No automated software may access the site until the person responsible for the Automated Access has accepted these terms. As such, any attempt to obtain Automated Access will be bound by these terms.

17.5 Severability
If anything in these Terms is unenforceable, illegal, invalid or void then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed and the rest of these terms remain in force, unless the severance would change the underlying principal commercial purpose or effect of these terms.

17.6 Waiver and Cumulative Remedies
No failure or delay by either party in exercising any right under the terms will constitute a waiver of that right. Other than as expressly stated in the Terms, the remedies provided in the Terms are in addition to, and not exclusive of, any other remedies of a party under Laws.

17.7 Governing Law and Disputes
You agree that the Terms are governed by the Laws of the State of New South Wales, Australia and that the offer and acceptance of the terms is deemed to have occurred in Victoria, Australia. You also agree that disputes must be resolved in the courts of that jurisdiction. You agree that you will not be involved in an action as a class member in a class action and that all disputes must be pursued in your own name only. You waive your respective rights to seek or be involved in any class action under these terms or concerning any aspect of the Ya Beauty Membership, products or services. You further agree that any proceeding taken by you other than in accordance with this clause 17.7 may result in Ya Beauty filing to have the proceeding dismissed and that you will be responsible for all reasonable legal costs, court fees and disbursements in doing so.

17.8 Electronic Communications
The communications between you and Ya Beauty use electronic means, whether you visit the Ya Beauty website or Services or send Ya Beauty e-mails, or whether Ya Beauty posts notices on the website or as part of its services or communications with you via e-mail. You hereby consent to receive communications from Ya Beauty in an electronic form and agree that all terms, conditions, agreements, notices, disclosures, and other communications that Ya Beauty provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

17.9 Entire Agreement
The terms and any of Ya Beauty’s policies or rules concerning Membership, its products and services, together with any of the other documents specifically referred to or incorporated in these terms by specific reference constitute the entire agreement between the parties and supersede all prior understandings and agreements concerning its subject matter. If the terms, or Ya Beauty’s policies or rules are amended by Ya Beauty, the newer version of those documents will then supersede the prior version.

 

 

 

Privacy and Security

1. Introduction
This Privacy and Security Policy (“Privacy Policy”) sets out how Ya Beauty Partnership Pty Ltd (“We”, “Our” or “Us”) collects, shares and handles your personal information connected to your use of our services made available through our website: www.yabeauty.com.au (“Site”) and any associated services provided by us.

Our services ("Services”) include:

• selling products through an online channel provided by our Site;
• provide membership services;
• provide sponsorship services to its members;
• provide education plans and programs for current and potential members and sponsors;
• direct marketing of products;

We respect your privacy and recognise the importance of protecting the privacy of individuals and their personal information. We will ensure the information you provide to us are managed and disclosed in a secure and confidential manner.

This Privacy Policy is prepared so that you are informed as to how we collect and use your information. This Privacy Policy, like our Terms of Service and Conditions, is an integral part of using our Services. Therefore, you must consent to our Privacy Policy to use our Site or Services. You must also be 18 years of age or older to purchase our products or use our Services.

2. Information collected

Personally identifiable information submitted by you
We collect your personal information when you use our Services.

In order to purchase any products, you will be required to provide your name, email address, residential address, telephone number and payment information.

We will also share your personal information with third parties that provide services to us, or products or services directly or indirectly to you, including but not limited to Australia Post, Common Wealth Bank and Ya Beauty Academy leaders. These third parties will collect and store your personal information in accordance with their own privacy policies and procedures.

If you opt to receive marketing communications from us, you will be asked to provide us with various information such as your name, email address and country of residence.

If you wish to participate in any programs we offer as part of our Services, you may also be asked to submit additional information including, but not limited to, your residential address, mobile number, physical characteristics and your health goals. We will only collect sensitive information in circumstances where you consent to the collection, or where it is reasonably necessary for us to do so for your participation in the Program.

Non-identifying information
When you visit our Site or use our Services, we may collect non-identifying information from you, such as your IP address, interactions with the Site and Services, query information, location, referring URL, browser, operating system, cookie information, usage, data transferred, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your internet service provider or additional records from a third party, such as your wireless provider, such information along cannot usually be used to identify you.

3. Use of your information
We will not sell nor transfer any personally identifiable information to third parties without your consent. However, you consent to us using your personal information to:

• enhance or improve our users’ experiences.
• provide our Services to you.
• provide direct marketing services to you, including emails or SMS notifications about our Services, and periodic newsletters.
• contact you to provide information on any significant changes.
• process your transactions.
• contact you and to respond to inquiries.

You may choose to opt-out from receiving marketing-related communications at any time by contacting us at info@yabeauty.com.au.

4. Accessing, editing and removing your information
If you have any questions or wish to review, change or delete any of your information submitted, please contact us directly at info@yabeauty.com.au.

Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your information, please contact us at info@yabeauty.com.au.

After you have submitted your request to us, please be aware that we may keep inaccessible copies of your information for a commercially reasonable period of time.

5. Cookies and tracking

Cookies
We use cookies on our Site and Services. Cookies help us determine your preferences and allow us to track your advertisements. Additionally, some or all of our cookies may be accessible by third parties to help improve your experience. For this reason, we ask that you have cookies enabled while using our Site or Services.

Google Analytics and Google Adwords
We use Google Analytics. This is a web analytics service provided by Google, Inc. (“Google”), whereby website traffic and usage data is transmitted to and stored by Google in the U.S. Google uses this information to evaluate website usages and provides us with reports that help us understand website traffic and usage. Google will not associate your IP address with any other data it holds. By using our Site, you consent to the processing of your information by Google as described in Google’s Privacy Policy.

We also use Google AdWords and remarketing services to display specific advertisements for users that have previously visited our Site when those users visit other websites that have Google Display network implemented. Along with other third-party vendors, including Google, we use first-party cookies (such as Google Analytics cookie) and third-party cookies (such as DoubleClick cookie) to display these advertisements.

When creating remarketing lists, we do not use any sensitive information about our users. As AdWords advertisers, we are restricted from performing the following actions:

i. Running ads that collect Personally Identifiable Information (“PII”) including, but not limited to, email addresses, telephone numbers and credit card numbers.
ii. Creating a remarketing list or ad text that specifically targets users in ways which are “prohibited”.

You can opt out of Google Analytics from display advertising and also customise Google Display ads through the Ads Preferences Manager by visiting www.google.com/settings/ads.

Social Interfaces
We also utilise social media platforms including Facebook and Twitter. If you intend to “like” or “share” information from our Site via these platforms, we recommend you also review their privacy policies. If you are a member of Facebook or Twitter, such interfaces may allow them to connect your visits to our Site with other personal information.

6. Third-party access to your information
We work with third-party individuals and organisations to assist us in providing our Services to you (including contractors, web hosts and others). During this process, we may delegate our authority to collect, access, use and distribute your information. This may include providing your information to third parties that are located outside of Australia. Where we do so, we ensure that such third parties treat your information with confidentiality and have appropriate data security arrangements.

In agreeing to this Privacy Policy, you agree that every authorisation you grant to us under this Privacy Policy is also granted to any third party we may hire, contract or otherwise retain the services of in operating, maintaining, repairing, improving or preserving our Site and Services. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any actionable wrong against you. 

The following is a non-exhaustive list of third-party individuals and organisations that we may store, share or transfer your information with:

• AdSense
• MailChimp
• Stripe Payments
• WP Engine
• Shopify Web Services

We may also post links to third party websites on our Site, which may include information that we have no control over. When accessing a third-party website through our Site, you acknowledge that you are aware that these websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third-party websites. Please be aware that this Privacy Policy and any other policies in place, in addition to any amendments, does not create rights enforceable by third-parties. We bear no responsibility for the information collected or used by any advertiser or third-party website. You must review their terms of service and any privacy policy to understand how they collect information.

7. Disclosure of Personal Information

Law Enforcement
We may disclose your information to authorities if we are compelled to do so by a court order, if there has been a violation of any laws, the Terms of Service or this Privacy Policy. Additionally, we may disclose your information if we form a reasonable belief that you have violated the law or the terms of our Terms of Service or Privacy Policy, or if we believe that a third party is at risk of bodily harm.

We may release your information to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe you have violated any Australian laws or any other country having jurisdiction over us, our Site, Services or our Terms of Service.

Permitted General Situation
We may use or disclose your personal information if a ‘permitted general situation’ (as defined in APP Chapter 6) arises in relation to the use or disclosure of information. Examples of such situation involve preventing a serious threat to health or safety, taking appropriate action for a suspected unlawful activity and/or serious misconduct, and/or locating a missing person.

You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under situations listed in this paragraph whether it is to individuals or entities and to any state or national authorities, as required by law.

8. Commercial and non-commercial communications
If you decide to provide us with your contact information, you waive all rights to file complaints concerning unsolicited emails from us, since you have agreed to such communication. However, you may unsubscribe from certain communications by notifying us that you no longer wish to receive these solicitations, and we will take reasonable steps to remove you from our database where you have the right to request this under our Agreement, our Privacy Policy and/or applicable law.

9. Security measures
We take reasonable steps to protect your personal information against unauthorised access, loss, use, modification or disclosure through our technical and/or organisational security measures.

Once the purposes of collection and use of personal information are achieved and hence is no longer required, we will take reasonable steps to remove and/or delete personal information in a secure manner. If any of your information is required for a longer period of time by any applicable law, or you agree to the extended retention of such information, we will securely store and use such information for the intended purposes.

10. Your Australian privacy rights
We are bound by the Privacy Act 1988 (Cth) (“Privacy Act”) and the relevant Australian Privacy Principles (“APPs”). If you have any queries or concerns regarding the information we collect, you may contact us at info@yabeauty.com.au and we will endeavour to respond to you within a reasonable time.

11. Age compliance
We do not collect or process any information for any persons under the age of 18. If you are under 18, please do not submit any information to us without parental consent. If you believe that someone under the age of 18 has submitted information to us without parental consent, please contact us at info@yabeauty.com.au immediately.

12. Amendments
We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed on this Privacy Policy and/or we may contact you. You must agree to the amendments as a condition of your continued use of our Site and Services. If you do not agree, you must immediately cease using our Site and Services, and notify us of your refusal to agree by emailing us at info@yabeauty.com.au

 

 

 

Refund & Exchange Policy

Ya Beauty Returns Policy

Our returns policy is in addition to your rights under the Australian Consumer Law because we want you to be satisfied with your purchase. Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you.

Returns
If for any reason, you are not satisfied with Ya Beauty products you purchase, you may return them within 30 days from the date of purchase. Ya Beauty will make a full refund of the purchase price subject to:

• to you providing proof of purchase at the time you return the item such as a receipt of payment or online tax invoice;
• the item is returned within the 30 day time frame since original purchase;
• the product packaging is not tampered with, opened, damaged or in a condition other than as originally provide to you at the time of purchase;
• that the product is not used and in its original saleable condition;
• the product is in its original packaging including manuals, pamphlets and all accessories;

Exchange
Ya Beauty will accept product returns and provide you with an exchange, refund or repair where:

• The product is faulty or is not of acceptable quality, or
• Significantly different to those shown or described to you, or
• The product is not fit for its intended purpose, or
• The product is unsafe, and
• You can present your Ya Beauty receipt, online tax invoice or other adequate proof of purchase.

Ya Beauty may elect to return the product to the manufacturer to determine the nature of the problem. Ya Beauty reserves the right not to offer an exchange, refund or repair where the item fault is a result of misuse or neglect.

Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair goods. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Compensation Plan Awards
Upon return of a product any awards that would otherwise be applied to a Member purchase is not applied or if already awarded, retracted by Ya Beauty.

Damage Via Postage
Even though great care is taken in the postage process, if your item/s arrives damaged, please contact our Customer Service Team to assess the damage and to work out a solution. You may be requested to provide of photograph of your item/s and /or delivery package to aid a speedy resolution.

Returns & Exchange Process
You must first obtain prior approval from Ya Beauty to exercise your return or exchange rights and any failure obtain this approval will result in denial of your claim and return of the product at your expense. Where approved, You must return the product to Ya Beauty Pty Ltd during office hours and any return transport costs (if any) must be paid by you unless the product purchased was defective.