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.