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 web site you will have been deemed to have agreed with these terms and conditions and be bound by them.
Use of Web Site
We may change this agreement
DB Cosmetics Australia 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 DB Cosmetics Australia 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 Web Site 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 unauthorized 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, Authorization and Access
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 unauthorized 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 authorization 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 authorizes 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.
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 AUTHORIZED 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
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.
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.