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Arbonne International Terms and Conditions
Revision Date: September 1, 2012
This Agreement sets forth the legal terms and conditions for your use of the website www.arbonneinternational.com.au or any other website supervised by Arbonne Europe Sàrl in Australia (the "Websites") and for your purchase and/or use of any Arbonne goods or services in Australia. The Websites are created by Arbonne International, LLC and operated by Arbonne Europe Sàrl (hereinafter "Arbonne," "We" or "Us").
1. Agreement. BY USING ANY WEBSITES OR PURCHASING OR USING ANY PRODUCTS OR SERVICES FROM ARBONNE, YOU AGREE TO THE TERMS AND CONDITION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE ELECTRONIC DISCLOSURE AGREEMENT IN SECTION 10 BELOW AND THE ARBITRATION AGREEMENT IN SECTION 19 BELOW.
SOME OF OUR PRODUCTS AND SERVICES HAVE ADDITIONAL RULES, POLICIES, AND PROCEDURES ("ADDITIONAL TERMS"). WHERE ADDITIONAL TERMS APPLY TO A PRODUCT OR SERVICE, WE WILL MAKE THEM AVAILABLE FOR YOU TO READ THROUGH YOUR USE OF THAT PRODUCT OR SERVICE. BY USING THAT PRODUCT OR SERVICE, YOU AGREE TO THE ADDITIONAL TERMS.
WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE PRODUCTS AND SERVICES PROVIDED ON THE WEBSITES AT ANY TIME. IF WE CHANGE THIS AGREEMENT, WE WILL GIVE YOU NOTICE BY POSTING THE REVISED AGREEMENT ON THE APPLICABLE WEBSITE(S). THOSE CHANGES WILL GO INTO EFFECT ON THE REVISION DATE SHOWN IN THE REVISED AGREEMENT.
BY CONTINUING TO USE ANY WEBSITES OR PURCHASE OR USE ANY PRODUCTS OR SERVICES FROM ARBONNE AFTER THE REVISION DATE, YOU AGREE TO BE BOUND BY SUCH CHANGES.
2. Eligibility. You agree to provide Us with complete and current registration information. Persons under 13 are prohibited from providing personal information on our Websites. If you are under 18, you may only use our Websites with the supervision of a parent or guardian 18 years of age or older. Unless otherwise specified, the materials in the Websites are presented solely for the purpose of promoting products available in Australia. Arbonne makes no representation that materials contained in the Websites are appropriate or available for use in other locations. Those who choose to access the Websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Arbonne products ordered from the Websites cannot be shipped into another country outside of Australia. Purchase and/or use of any Arbonne products or services outside of Australia are governed by the Terms and Conditions of use and other policies contained on the websites specific to each country where they are available.
3. Acceptable Use of the Websites. You are responsible for your use of the Websites, and for any use of the Websites made using your account. At Arbonne, our goal is to create a positive, rewarding, and safe experience in connection with our Websites. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Arbonne. When you use the Websites, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam (additionally, please read our Anti-Spam Policy in Section 15 below);
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Websites;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the Websites (although Arbonne may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and Arbonne reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Websites;
- attempt to circumvent any technological measure implemented by Arbonne or any of Arbonne's providers or any other third party (including another user) to protect the Websites;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
4. Arbonne Independent Consultants. Arbonne products and services are sold through Arbonne's network of Independent Consultants, who are each independent distributors of Arbonne's products and services. Online shopping is fulfilled and sold directly by Arbonne in connection with an Arbonne Independent Consultant. To purchase Arbonne's products or services, you do not have to become an Independent Consultant. If, however, you are interested in becoming an Arbonne Independent Consultant in Australia, please click the underlined text to register with Arbonne and fill out your Arbonne Independent Consultant Application & Agreement. You must be at least 18 years of age to become an Arbonne Independent Consultant.
5. Independent Consultant Websites. Arbonne Independent Consultants may have their own Internet websites, generally as part of the MyArbonne.com.au program. It is the sole responsibility of each Arbonne Internet Independent Consultant to ensure that its website content is accurate and that it fully complies with all Arbonne Additional Terms, including without limitation, all applicable federal and state rules and regulations. ARBONNE DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATED IN ANY WAY TO ARBONNE INDEPENDENT CONSULTANT WEBSITES.
6. Testimonials. The testimonials reflect the actual experience of each individual, are anecdotal only, and may be atypical. Arbonne makes no representation or warranty that your experience as an Arbonne Independent Consultant will be similar to or reflect the experiences of those persons who have provided testimonials.
7. Online Purchases. When you register your account online with Arbonne, you will receive an Arbonne identification number (Arbonne ID). Arbonne Independent Consultants, as well as Preferred Clients and Clients who wish to access account information online will also receive a PIN. Please keep your Arbonne ID and PIN secret. You are entirely responsible for any activity under your Arbonne ID. You must promptly notify Arbonne of any actual or attempted unauthorized use of your Arbonne ID.
8. Client Product Guarantee Policy. A forty-five (45) day money-back guarantee is offered on all Arbonne Products. Clients who are not completely satisfied may return products to their Arbonne Independent Consultant for a replacement or full refund within forty-five (45) days from the client purchase date (not including shipping charges). Online client purchases may be returned directly to Arbonne for replacement or full refund within forty-five (45) days from the client purchase date (not including shipping charges). A signed and fully completed Product Return Form must accompany a product return. Please allow four (4) to six (6) weeks for processing. Promotional products and gift items may not be available for replacement, and may, at Arbonne's discretion be exchanged for an item of equal value.
9. Ownership & Copyright Restrictions. The Websites are owned and operated by Arbonne. The Websites, including but not limited to software, content, text, photographs, images, graphics, video, audio, hypermedia items and the compilation as a whole ("Content"), are copyrighted under copyright and other laws by Arbonne or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites or elsewhere. You may not delete any author attributions, legal or proprietary notices in the Websites or elsewhere.
Except as noted in Section 11 below: (1) the Websites may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, modified, or otherwise, or in any way exploited for personal gain; (2) you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Websites or any Content or components that are available on the Websites; and (3) you may not make commercial use of these pages and/or any other webpage or service provided by Arbonne, including redistribution or copying by means; EXCEPT with the prior, express written permission of Arbonne.
You agree not to interfere or take action that results in interference with or disruption of the Websites or servers or networks connected to the Websites. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites.
You hereby consent and agree to receive all Disclosures from Arbonne electronically by email or by viewing the Disclosures on the Internet. You may withdraw your consent to electronic Disclosures in the future at any time without charge. To withdraw your consent, please complete the online form at arbonneinternational.com.au > Contact Us and indicate that you wish to receive all future communications in writing. We will send you a confirming notice once we have processed your change request.
To access Disclosures electronically and print copies of these Disclosures for your records, you must have Internet access, as well as access to a printer. You confirm that you have access to a computer that is capable of accessing the Internet operating an Internet browser that enables you to access the Website. You also confirm that you have access to a printer or the ability to make hard copies of your information and records. Please print a copy of all Disclosures for your records.
You agree to promptly notify us of any changes in your email address or your home address by updating your profile online or by completing the online form at arbonneinternational.com.au > Contact Us . If you have questions about receiving Disclosures, or need technical or other assistance concerning these Disclosures, you may contact us by using the online form.
If you would like a paper copy of the documents sent to you by mail or fax, please send your request in writing to Arbonne International, Arbonne Europe Sàrl, c/o Arbonne Australia PTY LTD, Level 1, Building C, Rhodes Corporate Park, 1 Homebush Bay Drive, RHODES NSW 2138 8, Attention: Customer Service.
11. Copyright Permission. Permission is granted for viewing these pages on the Internet, subject to the terms and conditions of this Agreement. In addition, Arbonne Independent Consultants are hereby granted permission to download product and botanical images from the Website. People or model images cannot be downloaded or copied due to copyright laws. Copy downloaded or taken from Arbonne literature must be used exactly as printed or written. Changing a word or two may change the real meaning or definition. In the event that information is downloaded from the Websites, the information, including any Content, data or files incorporated in or generated by the Websites are owned by Arbonne and Arbonne retains complete title to the information and all property rights therein. All other rights reserved.
12. Trademarks. All Content, product names, trademarks, service marks and logos on the Websites, unless otherwise noted, are wholly owned or validly licensed by Arbonne or its affiliates. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
13. Idea Submissions. If you submit any ideas, suggestions or testimonials to Arbonne, We have the right to use your submission without charge in any manner that We deem appropriate, including posting on the Internet. You may only post ideas and material to the Websites if you have obtained appropriate copyright and other permission to post such materials and to permit Arbonne to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
15. Anti-Spam Policy. Arbonne strictly prohibits the sending of unsolicited commercial electronic messages which are commonly referred to as "spam". For the purpose of this paragraph, "commercial electronic message" means a message sent by electronic means (including, but not limited to, electronic mail, instant messaging, or telephone account) where the content, manner of presentation and/or the content of the message links to suggests that the message's purpose is to offer to supply or promote goods and services, or their supplier, or to promote a business or investment opportunity. An "unsolicited commercial electronic message" or "spam" is a "commercial electronic message" sent to a recipient where the recipient has not consented, either expressly or as inferred from any relationship, to the receipt of the commercial electronic message. Arbonne also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Arbonne, and/or its products and services. Arbonne prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. Arbonne does not authorise you to use the Website or any part of the Website or any of Arbonne's names, trade marks or logos to send "spam" to any person. Arbonne reserves the right to deny you access to the Website if you breach this paragraph 15.
IF YOU OR ANYONE YOU KNOW IS "SPAMMED" BY SOMEONE WHO IS SELLING OR DESCRIBING ARBONNE'S PRODUCTS OR SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.
16. DISCLAIMER. TO THE EXTENT PERMITTED BY LAW, ARBONNE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO ARBONNE'S PRODUCTS AND SERVICES, THIS WEBSITE, INFORMATION CONTAINED ON THE WEBSITE, THE MYARBONNE.CA PROGRAM OR THE ARBONNE OPPORTUNITY (COLLECTIVELY HEREAFTER, "SERVICE").
THIS SERVICE IS PROVIDED "AS IS." YOU MAY RELY ON THIS SERVICE SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THIS WEBSITE OR THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING INDEPENDENT CONSULTANT WEBSITES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE. YOU SHOULD NOT RELY ON ANY REPRESENTATIONS OR WARRANTIES CONTAINED ON ANY INDEPENDENT CONSULTANT WEBSITE.
THE FINAL SUCCESS OR FAILURE OF ANY ARBONNE INDEPENDENT CONSULTANT DEPENDS UPON HIS OR HER INDIVIDUAL EFFORT. THERE ARE NO GUARANTEES OR PROJECTIONS OF ACTUAL EARNINGS. TO REVIEW THE MOST RECENT INDEPENDENT CONSULTANT COMPENSATION SUMMARY FOR AUSTRALIA, CLICK ON THE UNDERLINED INDEPENDENT CONSULTANT COMPENSATION SUMMARY.
17. LIMITED LIABILITY. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ARBONNE, ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGES, EXPENSES OR COSTS WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THIS SERVICE, YOUR PURCHASE OR USE OF ARBONNE PRODUCTS, SERVICES OR INFORMATION, YOUR PARTICIPATION AS AN ARBONNE INDEPENDENT CONSULTANT, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
18. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ARBONNE, ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS SERVICE, SALE OR INFORMATION REGARDING ARBONNE PRODUCTS, THE ARBONNE OPPORTUNITY, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON'S USE OR ACCESS TO THIS SERVICE BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.
19. Arbitration Agreement. YOU WAIVE ALL RIGHTS TO COMMENCE LEGAL PROCEEDINGS TO RESOLVE ANY DISPUTE ARISING FROM OR RELATING TO THIS AGREEMENT EXCEPT AS EXPRESSLY SET FORTH HEREIN. All disputes and claims relating to Arbonne, or its past or present related entities, officers, directors, employees, investors, distributors or vendors, its marketing and compensation plan, its products, the rights and obligations of an Independent Consultant and Arbonne, or any other claims or causes of action relating to the performance of either an Independent Consultant or Arbonne under the Independent Consultant Agreement, or the purchase of products shall be settled totally and finally by mediation and binding arbitration as set forth herein. If a dispute arises, it is expected that the parties will attempt in good faith to resolve any such dispute in an amicable and mutually satisfactory manner.
In the event such efforts are unsuccessful, and as a prerequisite to filing a claim in arbitration, either party may serve a notice requesting mediation ("Notice of Dispute") on the other party. Notice of Dispute shall be personally delivered or sent by prepaid registered airmail or overnight courier, and shall be effective on receipt thereof by the party to whom it is addressed. Proof of receipt shall be a receipt signed by any officer or responsible official of the party to whom it is addressed. The Notice of Dispute shall be dated, and without prejudice to any right under this Agreement permitting subsequent modifications, shall specify the claims or issues which are to be subjected to mediation, including the requested remedies sought in the mediation. The dispute or claim shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules. The party serving the Notice of Dispute shall be responsible for the costs of the mediation, or any subsequent arbitration, charged by The Institute of Arbitrators & Mediators Australia. If the dispute or difference is not settled within 30 days of the submission to mediation (unless such period is extended by agreement of the parties), it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitrations. For disputes in which the quantum is less than $50,000 arbitration shall take place using the submission of documents alone unless both parties agree otherwise.
Notwithstanding any provision of the rules under which the arbitration is conducted, the party in whose favour the arbitration award is rendered shall be entitled to recover costs and expenses of the arbitration including, but not limited to, legal fees and the cost and expense of administration of the arbitration proceedings, and any costs and legal fees incurred in executing on or enforcing the arbitration award. At any time a party may, without any inconsistency with this agreement to resolve disputes by mediation or arbitration, seek urgent interlocutory relief in respect of the subject matter of the dispute from any court having jurisdiction. Such urgent interlocutory relief may be vacated, continued or modified by the arbitral tribunal at the request of any party. Any party may seek, to the full extent allowed by law, judicial enforcement in a court having jurisdiction of any urgent interlocutory relief granted by the arbitral tribunal.
The existence of any claim or cause of action of an Independent Consultant against Arbonne whether predicated on the Consultant Agreement or otherwise shall not constitute a defence to Arbonne's enforcement of an Independent Consultant's covenants and agreements contained herein or under the Agreement. This agreement to arbitrate shall survive any termination or expiration of any other agreements between the parties.
Jurisdiction and venue of any matter not subject to mediation or arbitration shall exclusively reside in the State of New South Wales, Australia, unless the laws of the state in which you reside expressly requires the application of its laws. The law of the State of New South Wales, Australia shall govern all other matters relating to or arising from this Agreement. This Agreement is deemed to have been made and entered into at Sydney in the State of New South Wales, Australia.
20. Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
21. Unenforceability. If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into this Agreement on the part of any party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
22. Authority to Execute. The party signing this Agreement hereby acknowledges, represents and warrants that they are expressly and duly authorized to execute this Agreement and to legally bind said party to this Agreement.
21. Termination of Right to Access the Website. Arbonne may terminate the Website or this Agreement for any reason at any time, provided that Arbonne will use reasonable endeavours to notify you in advance of any such termination.
23. Survival of Agreement. Subject to any provision to the contrary, this Agreement will enure to the benefit of and be binding upon Arbonne and you and the parties' respective successors, trustees, permitted assigns but will not ensure to the benefit of any other persons. The covenants, conditions and provisions of this Agreement which are capable of having effect after the expiration of the Agreement will remain in full force and effect.
24. Interpretation. In this Agreement, unless the contrary intention appears:
(a) the singular includes the plural and vice versa;
(b) words importing one gender include other genders;
(c) a reference to a document or instrument, including this Agreement, includes that document or instrument as novated, altered or replaced from time to time;
(d) a reference to an individual or person includes a partnership, body corporate, government authority or agency and vice versa;
(e) a reference to a party includes that party's executors, administrators, successors, substitutes and permitted assigns;
(f) other grammatical forms of defined words or expressions have corresponding meanings;
(g) a covenant, undertaking, representation, warranty, indemnity or agreement made or given by: (i) two or more parties; or (ii) a party comprised of two or more persons, is made or given and binds those parties or persons jointly and severally;
(h) a reference to a statute, code or other law includes regulations and other instruments made under it and includes consolidations, amendments, reenactments or replacements of any of them; and
(i) headings are for convenience only and do not affect the interpretation of this Agreement.
23. Conflicts. If at any time you have agreed or agree to the Arbonne Independent Consultant Application & Agreement, to the extent of any conflict between the terms of the Arbonne Independent Consultant Application & Agreement and the terms of this Agreement (including, without limitation, any conflict with respect to dispute resolution terms), the terms of the Arbonne Independent Consultant Application & Agreement shall apply and control.
24. Notices. You may contact Us by writing or calling Us at the address and/or telephone number listed below:
Arbonne Europe Sàrl
c/o Arbonne Australia PTY LTD
Level 1, Building C
Rhodes Corporate Park
1 Homebush Bay Drive
RHODES NSW 2138 8
1800 650 760
Or you may complete the online form at arbonneinternational.com.au > Contact Us
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOU RECORDS AND PLEASE CHECK THE WEBSITES FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.
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