Salon Partner Terms
Please read these Terms and Conditions of Use (the "Agreement") carefully before using this website.
This Agreement is a legal agreement between Regener8 Health & Beauty (ABN 58 868 809 353) and you.
By using any of the following websites (collectively, the "REGENER8 WEBSITES"), you accept and agree to be bound by this Agreement: REGENER8.COM.AU and all websites that post this Agreement.
If you do not agree to the terms and conditions of this Agreement, please do not use any of the REGENER8 WEBSITES.
Regener8 Health & Beauty (referred to herein as "REGENER8," "we," "us" and "our"), reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on the REGENER8 WEBSITES.
You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement.
You should always check this Agreement prior to using the REGENER8 WEBSITES. Your continued use of the REGENER8 WEBSITES following the posting of changes to this Agreement will constitute your acceptance of this Agreement and any applicable changes.
For purposes of this Agreement, the following terms have the following meanings:
If you are an REGENER8 Independent Partner, you acknowledge and agree that your use of the REGENER8 WEBSITES is subject to the terms and conditions contained in this Agreement.
1. Note Regarding REGENER8 Partners.
REGENER8 Partners are independent third party contractors of REGENER8 and are not otherwise affiliated with REGENER8. REGENER8 is not responsible or liable for the statements, acts or omissions of REGENER8 Partners, whether through or in connection with the REGENER8 WEBSITES, "offline," or otherwise.
REGENER8 Partners are granted the opportunity to purchase products directly from REGENER8 at the relevant Discounted Prices listed on the REGENER8 website and in promotional material and can resell these products as a Regener8 Partner,at any price greater than the price for which they purchased it. This opportunity is subject to the terms and conditions contained in this Agreement.
Without limiting the foregoing, you acknowledge and agree that REGENER8 has no control over, and is not responsible or liable for, any text, images, or other information or materials posted by REGENER8 Partners, to any online sites (the "REGENER8 Partner Content") or any materials communicated by an REGENER8 Partner,to you.
REGENER8 has not taken any steps to confirm the accuracy or reliability of any REGENER8 Partner Content or other materials communicated by an REGENER8 Partner to you, and makes no representations or warranties as to the security of any communications between you and any REGENER8 Partner undertaken using REGENER8 Partner Content (for example, email links posted by REGENER8 Partners).
2. Restricted Uses.
The REGENER8 WEBSITES are owned and operated by REGENER8. The contents of the REGENER8 WEBSITES are copyrighted under Australia copyright laws and other countries through international treaties.
Except as stated herein, none of the material on the REGENER8 WEBSITES may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever.
Subject to your compliance with this Agreement, and solely for as long as you are permitted by REGENER8 to access and use the REGENER8 WEBSITES, you may download one (1) copy of any particular materials from the REGENER8 WEBSITES for your own personal non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or non-commercial, is a violation of REGENER8's copyright and other proprietary rights.
"REGENER8" and the other REGENER8 trademarks, trade names, service marks and logos appearing on the REGENER8 WEBSITES are proprietary trademarks of REGENER8.
The use of any of our trademarks or any other content made available through the REGENER8 WEBSITES, except as expressly provided in this Agreement, is strictly prohibited.
3. Information Submitted Through the REGENER8 WEBSITES.
Your submission of information through the REGENER8 WEBSITES is governed by REGENER8's Security and Privacy Statement (the "Security and Privacy Statement"), located at http://regener8.com.au/privacy-policy, and this Agreement incorporates by reference the terms and conditions of the Security and Privacy Statement. You are solely responsible for the information you submit or make available through the REGENER8 WEBSITES, including any information you submit or make available through the Regener8 Forums (defined in Section 6 below).
You represent and warrant that any information you provide in connection with your use of the REGENER8 WEBSITES is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete.
4. Registration; User Names and Passwords.
You may be required to register with REGENER8 in order to access certain areas of the REGENER8 WEBSITES, for example, to purchase REGENER8 products or otherwise initiate Transactions (as defined below in Section 8). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
You must be over the age of 18 years of age to register an account with REGENER8. If REGENER8 believes that you are below 18 years of age, or the information you have provided is inaccurate or incomplete, REGENER8 may refuse registration, suspend or terminate your REGENER8 account.
You are responsible for maintaining the confidentiality of any password you may use to access the REGENER8 WEBSITES, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the REGENER8 WEBSITES, to any third party.
You are responsible for keeping such information current, complete and accurate. You agree to accept full responsibility for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the REGENER8 WEBSITES that occur in connection with your user name. You agree to immediately notify REGENER8 of any unauthorised use of your password or user name or any other breach of security related to your account, your user name or the REGENER8 WEBSITES, and to ensure that you "log off" and exit from your account with the REGENER8 WEBSITES (if applicable) at the end of each session.
We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
You release REGENER8 from and renounce any claim in respect of or arising from any reasonable reliance by REGENER8 upon any use of your password, including REGENER8 disclosing information relating to your registration and/or affairs with REGENER8.
You agree to indemnify and hold REGENER8, our officers and employees harmless from any claims, actions, costs (including legal costs), or losses by REGENER8 or any third party due to, or arising out of, reasonable reliance by REGENER8 or any third party upon any acts carried out, requests made or information provided through the use of your password.
5. Rules of Conduct.
We expect users of the REGENER8 WEBSITES to respect the law as well as the rights and dignity of others.
While using the REGENER8 WEBSITES you agree to comply with all applicable laws, rules and regulations.
In addition, your use of the REGENER8 WEBSITES is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the REGENER8 WEBSITES pursuant to Section 13 below.
You agree not to:
- Use the REGENER8 WEBSITES to advertise or offer to sell or buy any goods or services for any business purpose, without REGENER8's express prior written consent.
- Advertise Regener8 Products via any website, whether owned by the Salon Parter or via an external party (including, but not limited to social media sites) for a price below the listed minimum retail price as specified in the REGENER8 Salon Partner Price List.
Additionally, you acknowledge and agree that you (and not REGENER8) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the REGENER8 WEBSITES, and for paying all charges related thereto.
6. Forums and Submissions.
REGENER8 may offer features through the REGENER8 WEBSITES that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in Section 5 above apply to the Forums.
Additionally, without REGENER8's express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other REGENER8 WEBSITE visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organisation.
When you submit or make available any information or materials through the Forums or otherwise through any REGENER8 WEBSITE ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by REGENER8 without restriction.
You hereby grant to REGENER8 a worldwide, perpetual, royalty-free, irrevocable, non-exclusive right and license, sub-licensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise.
You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the REGENER8 WEBSITES complies with all applicable laws, rules and regulations.
You further irrevocably consent to our using your Submissions without acknowledging your authorship of them and to our doing any other act which might otherwise contravene your "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the REGENER8 WEBSITES. The Forums include the opinions, statements and other content of third parties, including REGENER8 Independent Consultants. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws.
Any opinions, statements or other materials made available by third parties (including REGENER8 Independent Consultants & Affiliates) through the Forums or otherwise through the REGENER8 WEBSITES are those of such third parties and not of REGENER8, and REGENER8 does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the REGENER8 WEBSITES at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that REGENER8 has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the REGENER8 WEBSITES.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE REGENER8 WEBSITES, YOU DO SO AT YOUR OWN RISK.
7. Sweepstakes, Contests, and Similar Promotions.
Any sweepstakes, contest, or similar promotion made available through any REGENER8 WEBSITE may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. REGENER8 urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.
8. Intended Audience.
All materials relating to Regener8's control or operation of the REGENER8 WEBSITES and the REGENER8 WEBSITES are subject to the law and exclusive jurisdiction of the State of Victoria, Australia. Unless otherwise specified, materials made available through the REGENER8 WEBSITES are presented solely for the purpose of providing services and promoting products available in Australia.
REGENER8 makes no representation or warranty that any REGENER8 WEBSITE, in whole or in part, or any products, services, or materials made available through the REGENER8 WEBSITES, are appropriate or available for use in other locations.
Those who choose to access the REGENER8 WEBSITES from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
9. Links to or From Other Sites.
Except as otherwise expressly stated by REGENER8 on an REGENER8 WEBSITE, REGENER8 is not affiliated or associated with operators of any third party websites that link to or are linked from the REGENER8 WEBSITES. REGENER8 expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the REGENER8 WEBSITES.
We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the REGENER8 WEBSITES because these third party sites are owned and operated by independent entities.
We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites.
We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
REGENER8 IS NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR THE PRIVACY PRACTICES OR THE CONTENT OF SUCH THIRD PARTY SITES, NOR FOR ANY DAMAGE, LOSS, EXPENSE, COST OR OFFENCE CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH, THE USE OR RELIANCE ON SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON SUCH EXTERNAL WEBSITES OR RESOURCES.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
REGENER8 shall have the right, at any time and at its sole discretion, to block links to the REGENER8 WEBSITES through technological or other means without prior notice.
THE REGENER8 WEBSITES ARE PROVIDED "AS IS" AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
TO THE EXTENT PERMITTED BY LAW, REGENER8 MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE REGENER8 WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. REGENER8 MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY REGENER8 INDEPENDENT CONSULTANTS; (B) THAT THE REGENER8 WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE REGENER8 WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE REGENER8 WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE REGENER8 WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF PERMITTED BY LAW, REGENER8'S LIABILITY FOR BREACH OF ANY NON-EXCLUDABLE STATUTORY TERM, CONDITION, WARRANTY OR GUARANTEE IS LIMITED, AT THE DISCRETION OF REGENER8, IN THE CASE OF SERVICES TO (A) THE SUPPLYING OF THE SERVICES AGAIN OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS TO (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (II) THE REPAIR OF THE GOODS; (III) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (IV) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED..
While we try to maintain the integrity and security of the REGENER8 WEBSITES and the servers from which the REGENER8 WEBSITES are operated, the REGENER8 WEBSITES may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the REGENER8 WEBSITES.
If you become aware of any unauthorized third party alteration to the REGENER8 WEBSITES, contact us at email@example.com with a description of the material(s) at issue and the URL or location on the applicable REGENER8 WEBSITE where such material(s) appear.
11. Limitation of Liability.
IN NO EVENT SHALL REGENER8, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "REGENER8 ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS OR BUSINESS OPPORTUNITIES ARISING OUT OF (A) THIS AGREEMENT, (B) THE REGENER8 WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE REGENER8 WEBSITES, OR (D) THE ACTS OR OMISSIONS OF REGENER8 INDEPENDENT CONSULTANTS, IN EACH EVENT, EVEN IF REGENER8 OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INDIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. REGENER8 IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED.
REGENER8 IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY REGENER8 INDEPENDENT CONSULTANT), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL REGENER8'S TOTAL LIABILITY TO YOU FOR ALL COSTS, EXPENSES, DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN AGREEMENT, TORT, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE REGENER8 WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE REGENER8 WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE REGENER8 WEBSITES.
You will indemnify and hold the REGENER8 Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"):
(a) your use of, inability to use, or activities in connection with the REGENER8 WEBSITES;
(b) any violation of this Agreement or any other REGENER8 terms, conditions or policies by you or through any account you may have with any REGENER8 WEBSITE;
(c) any Transaction;
(d) any allegation that any Submission or other materials that you make available through the REGENER8 WEBSITES infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or
(e) your violation of any rights of any REGENER8 WEBSITE visitor, user, or customer, or any other third party; and you agree to reimburse the REGENER8 Entities on demand for any damages, losses, costs, judgements, fees, fines and other expenses they incur (including legal fees and court costs) as a result of any Claim(s).
13. Termination and Enforcement.
This Agreement is effective until terminated by REGENER8. You agree that REGENER8, at its sole discretion, may terminate your access to or use of the REGENER8 WEBSITES, at any time and for any reason, including without limitation if REGENER8 believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 5 above).
Upon any such termination, your right to use the REGENER8 WEBSITES will immediately cease.
You agree that any termination of your access to or use of the REGENER8 WEBSITES may be effected without prior notice and that REGENER8 may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files.