This is the legal document that binds users to the terms and conditions of use of this web site. Please read it carefully and advise if you are not in agreement with these terms and conditions. If you continue to use the website you will have been deemed to have agreed with these terms and conditions and be bound by them.

Use of Web Site

Welcome to the website of Total Beauty Network Pty Ltd (owner of Designer Brands). Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy, and the terms and conditions on the Total Beauty Network Pty Ltd Website that govern particular offers or features (e.g. contests and registration) ("Promotional Terms and Conditions," together with these Terms of Use and the Privacy Policy, form the "Agreement") all of which collectively govern your use of and access to all of the Total Beauty Network Pty Ltd Website and any and all content, data and information contained therein. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY TOTAL BEAUTY NETWORK PTY LTD, IN ACCORDANCE WITH THIS AGREEMENT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRCEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY AND (3) ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE TOTAL BEAUTY NETWORK PTY LTD WEBSITE.

We may change this agreement

Designer Brands reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of this website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access the Designer Brands website.

Links that are on this web site

Total Beauty Network Pty Ltd is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from the Total Beauty Network Pty Ltd Website. These linked sites are not under our control and we explicitly disclaim any responsibility for the accuracy, content or availability of the information products, and/or services found on or through such third party sites. We do not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site.

If you reside in Australia or other countries

Unless otherwise explicitly specified on the Total Beauty Network Pty Ltd Website, the information on the Total Beauty Network Pty Ltd Website are intended solely for use and access by persons residing in Australia, its territories and possessions. Total Beauty Network Pty Ltd controls and operates its Website from offices located in Australia and makes no representations or warranties that the information, products or services contained on the Total Beauty Network Pty Ltd Website is appropriate for use or access in other locations. Anyone using or accessing the Total Beauty Network Pty Ltd Website from other locations do so on their own initiative and are responsible for compliance with Australia laws, if and to the extent applicable.

The public part of this website is designed for personal use. The password protected sites are designed for professional use.

The Total Beauty Network Pty Ltd Website and its contents are intended solely for personal, non-commercial use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Total Beauty Network Pty Ltd Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Total Beauty Network Pty Ltd or by third parties who have licensed their materials to Total Beauty Network Pty Ltd and are protected by Australia and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on the Total Beauty Network Pty Ltd Website is the exclusive property of Total Beauty Network Pty Ltd and is protected by Australia and international copyright laws. Except as solely provided in the next sentence, no material from the Total Beauty Network Pty Ltd Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (m) use or access the Total Beauty Network Pty Ltd Website for any purpose that is unlawful or prohibited by this Agreement; (n) use or access the Total Beauty Network Pty Ltd Website in a manner that could damage, disable, overburden, or impair any Company server or the networks connected to any Company server; (o) interfere with any third party's use and enjoyment of the Total Beauty Network Pty Ltd Website; or (p) attempt to gain unauthorised access to accounts, computer systems or networks connected to any Company server through hacking, password mining or any other means.

You may NOT copy ANY material from this web site

Unless authorised in writing you must not copy, paste, or otherwise use material on this web site. You may print copies but only for personal non-commercial use. You may not store or retrieve any material on this web site

Passwords, Registration, Authorisation and Access

To enter certain portions of the Total Beauty Network Pty Ltd website, you may be required to submit an on-site registration form, which may include, without limitation, your name, address, email address, age, gender and/or credit card information ("Application"). You agree that for the Application, and at all times thereafter, to: (a) provide current, complete, true and accurate information; (b) maintain and update your information as required to keep it current, complete and accurate; and/or (c) provide additional information about yourself as may be requested by Total Beauty Network Pty Ltd from time to time. Please note that Total Beauty Network Pty Ltd may use any Application information in accordance with its Privacy Policy.

Total Beauty Network Pty Ltd will review the Application and determine, in Total Beauty Network Pty Ltd's sole discretion, whether to accept the Application. Total Beauty Network Pty Ltd shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the Total Beauty Network Pty Ltd Website at any time for any reason. Upon acceptance of your Application by Total Beauty Network Pty Ltd, you may select your user ID and password (collectively "Password") for access to and use of the applicable portion of the Total Beauty Network Pty Ltd Website.

Changing of User Ids/Passwords

Total Beauty Network Pty Ltd reserves the right to require you to periodically change your password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else's Password. You agree to notify Total Beauty Network Pty Ltd immediately about any unauthorised use of your Password or any breach of security. You further agree that Total Beauty Network Pty Ltd shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Total Beauty Network Pty Ltd.

Charges and Payment

In certain instances, as part of Total Beauty Network Pty Ltd's acceptance of your Application, Total Beauty Network Pty Ltd may charge a user, subscription or other fee. In those instances where a fee may be charged, Total Beauty Network Pty Ltd will notify you of the fee prior to your submission of your Application, and your submission of your Application will serve as your authorisation for Total Beauty Network Pty Ltd to charge your credit card automatically for the fee. In some cases, the fee may be a recurring fee, and your submission of your Application authorises Total Beauty Network Pty Ltd to charge your credit card on such recurring basis for the applicable fees. If Total Beauty Network Pty Ltd does not receive payment from the card issuer, you agree to pay Total Beauty Network Pty Ltd all amounts due upon demand. Total Beauty Network Pty Ltd may take commercially reasonable actions to verify your credit card. You agree to pay all reasonable attorneys' and collection fees arising from Total Beauty Network Pty Ltd efforts to collect any past due amounts from you to the extent allowed by law.

Disclaimer

THE TOTAL BEAUTY NETWORK PTY LTD WEBSITE ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOTAL BEAUTY NETWORK PTY LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TOTAL BEAUTY NETWORK PTY LTD WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. TOTAL BEAUTY NETWORK PTY LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. TOTAL BEAUTY NETWORK PTY LTD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY TOTAL BEAUTY NETWORK PTY LTD WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TOTAL BEAUTY NETWORK PTY LTD WEBSITE OR THE SERVER THAT MAKES THE TOTAL BEAUTY NETWORK PTY LTD WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. TOTAL BEAUTY NETWORK PTY LTD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE TOTAL BEAUTY NETWORK PTY LTD WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE TOTAL BEAUTY NETWORK PTY LTD WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TOTAL BEAUTY NETWORK PTY LTD OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE TOTAL BEAUTY NETWORK PTY LTD WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORISED REPRESENTATIVE OF TOTAL BEAUTY NETWORK PTY LTD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT TOTAL BEAUTY NETWORK PTY LTD, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL TOTAL BEAUTY NETWORK PTY LTD BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED AUSTRALIA DOLLARS ($100.00).

User Submissions, Postings and Email Communications

All submissions, postings and email communications to or through the Total Beauty Network Pty Ltd website shall be subject to the Total Beauty Network Pty Ltd Privacy Policy, which is incorporated into this Agreement by this reference.

Coupon Codes

Unless otherwise specified, Coupon Codes are limited to one use per customer, and may not be used in conjunction with any other offer.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD TOTAL BEAUTY NETWORK PTY LTD AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, SHARE HOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THEN TOTAL BEAUTY NETWORK PTY LTD WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.

Term and Termination

Total Beauty Network Pty Ltd shall have the right to terminate your access to, and use of the Total Beauty Network Pty Ltd Website immediately, if, in its sole discretion, Total Beauty Network Pty Ltd believes that your conduct fails to conform with this Agreement. Total Beauty Network Pty Ltd also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or e-mails you make or send to the Total Beauty Network Pty Ltd Website.

Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the Total Beauty Network Pty Ltd Website; and (b) as applicable, pay any amounts owed to Total Beauty Network Pty Ltd in full within thirty (30) days from the date of such termination.

Applicable Laws of Victoria, Australia Apply

This Agreement shall be governed by and construed under the laws of the State of Victoria, in Australia, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE TOTAL BEAUTY NETWORK PTY LTD WEBSITE OR THE USE OR ACCESS THEREOF SHALL BE IN THE AUSTRALIA FEDERAL COURTS.

Commencement of Actions

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY TOTAL BEAUTY NETWORK PTY LTD WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

Miscellaneous

The failure of Total Beauty Network Pty Ltd to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Total Beauty Network Pty Ltd's rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. Total Beauty Network Pty Ltd may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without Total Beauty Network Pty Ltd's prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may not be modified except in writing, signed by both parties.

 

Product Disclaimer

• Typographic errors on the site and all marketing materials including emails are subject to correction
• Prices listed on the site are updated via an automatic feed and DB Cosmetics will take all reasonable precautions to ensure this is error free. Errors due to this process are subject to correction.

Disclaimer in relation to the website

Despite all reasonable precautions on our part, this website cannot be guaranteed to be error free, The existence of any such errors will not be a breach of the agreement.

 

 Mobile Terms of Service

The DB Cosmetics mobile message service (the "Service") is operated by DB Cosmetics (“DB Cosmetics”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to DB Cosmetics' SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of DB Cosmetics through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with DB Cosmetics. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to DBCosmetics or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other DB Cosmetics AU mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to DBCosmetics or email hello@dbcosmetics.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.