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BRAND NEW YOU INTERNATIONAL PTY LTD – WEBSITE TERMS OF USE

This website (Site) is operated by Brand New You International Pty Ltd ABN 84 146 309 622 (we, our or us). It is available at: brandnewyou.com.au and may be available through other addresses or channels.

Terms

Your use of and/or access to the Site is conditional upon your acceptance and compliance with the terms, conditions, notices, policies and disclaimers contained in this document and elsewhere on the Site (known collectively as “Terms of Use”). Your use of and/or access to the Site constitutes your agreement to the Terms of Use.  If you do not agree to the Terms of Use, you must not access and/or post on the Site. We reserve the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them. The revised terms will take effect when they are posted to the Site.

Disclaimer

Except where expressly stated, we make no representations about the currency, accuracy, suitability or reliability of any content information, material and/or functionality (including, without limitation, any data, information, material, text, images (moving and still), sound, graphics, software, hyperlinks, logos and trademarks, services and any other material contained in, provided as a result of, or in connection with your access to and/or use of, the Site) (“Content”).

All Content made available through the Site in any way (including, without limitation, on the Site, as an email, or any other transmission):

  • is, to the full extent permitted by law, provided “as is” and without warranties of any kind (including, without limitation, express or implied warranties, including implied warranties of merchantability and fitness for any particular purpose); and
  • is provided as general information only and should not be relied upon.

You should independently verify any information contained on the Site before deciding whether or not to rely or act upon it.

Without limiting what we have said above, to the extent permitted by law we, do not warrant that the function of, or access to, the Site will be uninterrupted or error free, that any defects will be corrected or that any website or server which stores and transmits any Content will be free of viruses or any other harmful components. We accept no responsibility for or liability in respect of such interruption, errors, defects, viruses or harmful components.

You, as the user of or visitor to the Site, will assume the entire cost of any verification, repair, maintenance, or correction of any relevant Content which is required.

Consent: By accessing and/or using our Site, you agree to these terms of use (Terms) and our Privacy Policy (available on our Site). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  2. using our Site to defame, harass, threaten, menace or offend any person;
  3. interfering with any user using our Site;
  4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  5. using our Site to send unsolicited email messages; or
  6. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Information: The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights: Unless otherwise indicated, we own or have the right to use all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

  1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content, including by reverse or re-engineering.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), reject or remove any User Content.

You further agree to the following:

  • You grant us a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform and display in any media whether now known or in the future created, any Content posted to or on or submitted by you to the Site, and you warrant and represent that you own or have the necessary or required licenses, rights, consents and permissions to grant such licence.
  • You warrant that you have all the necessary or required licences, rights (including without limitation copyright, privacy, moral and intellectual property rights), consents and permissions to submit or post content on to or on the Site and that all Content is true and accurate at the time of submission/posting, is not illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent or in contempt of any court or parliament and does not contain any computer virus.
  • You are legally responsible for all Content that you submit to the Site.
  • We reserve the right to refuse access to any person, and to edit, block or delete Content submitted or posted to or on the Site by any person for any reason without notice, and we may terminate or restrict your access or use of part or all of the Site.
  • You agree not to sue, or make a claim against us in connection with the Site (including moral rights).
  • You consent (and warrant that you have all rights necessary to grant such consent) to us doing all things to and with the Content you submit to the Site, including: (i) modifying and altering the information; (ii) not attributing you or any person as the author of the Content, or attributing any other person as the author of the Content; and (iii) modifying, altering or using the material in any way in our discretion, even if this is done in a way that would constitute derogatory treatment of the Information or would affect the reputation of the author of the Information.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

To the extent permitted by law, we do not endorse nor are we responsible or liable for any information, material, products and/or services associated with these links, and you use them at your own risk.  The web links may also become non-functional or change from time to time.

To the extent permitted by law, we do not accept any responsibility or liability for material contained in any website linked to the Site.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free or free from viruses; or
  3. our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent, including consequential loss (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. To the extent we are found liable to you, notwithstanding this clause, our liability is limited to $100.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of Liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Access and Use

When you access and/or use the Site, you agree as follows:

  • That you will not post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive or a person’s privacy, or which otherwise breaches any law;
  • That advertisements, chain letters, pyramid schemes, and solicitations constitute inappropriate use of the Site.  However, if you can offer expertise, guidance or information on given subjects, please do so, but do not offer this advice as an attempt to sell your own product or service. Any attempt to solicit customers may result in removal from the HFB page;
  • Given that posts appear in real-time, it may be impossible for us to review a post before it becomes publicly readable.  [Note to Us: We understand that it may be possible for Us to review a post before its appears on the Facebook page, and decide whether or not to release the post.  This will reduce the risk of inappropriate posts appearing on the Facebook page.  However, there have been situations where Facebook has updated its systems/settings, and it has reverted to the default positon , i.e. posts appear in real-time without any review by the moderator of the Facebook page.] We cannot guarantee the accuracy, completeness, or usefulness of any post.  We actively monitor posts, but is not responsible for the content of posts.  A post expresses the views of its author and does not represent the views of Us and Us shall not be liable for any postings;
  • That you are solely responsible for the content of your post and you indemnify us in respect of any costs, expenses, losses, damages, or claims arising out of your use of the Site.  We reserve the right to reveal your identity in the event of any complaint or legal action arising from any person posting a message.  By contributing to the Site, you consent to your post being altered, edited, or adapted in any way we see fit or removed without providing any reason;
  • Any user who has an objection to a post is encouraged to contact the Site moderator, on [[email protected]]. Please contact the moderator directly and not through Facebook itself;
  • You will not use the Content in any manner other than as expressly permitted in these Terms of Use;
  • You may not modify it without our prior written permission;
  • Any copyright notice or mark appearing on any Content must be included on any copy you make;
  • You may save a local copy of or print Content from the Site for your own personal information and to inform others about it, but you may not charge any fee for any use, and all commercial use or exploitation of the Site or any Content is expressly prohibited;
  • You must keep all Content intact and in the same form as presented on the Site;
  • You must not reproduce, republish or otherwise make available any Content on the internet or through any means, including by other publicly accessible media (including without limitation newspaper, journals, television or radio) without our prior written consent;
  • Activities you must not engage in include, without limitation:
    1. Accessing or using of the Site by any means that is contrary to our interests (including without limitation to facilitate a means of encouraging users of the Site to use another website offering services similar to those on the Site);
    2. Making any commercial use of material on the Site, unless such use is authorised in writing by us;
    3. Making a copy, modification, adaptation or reselling or redistributing any material on the Site;
    4. Making any form of representation, including linking or framing, that could mislead or deceive a person into believing that the material is from a source other than the Site; and
  • We reserve the right to take any course of action (including legal action) we deem necessary to protect our rights (including intellectual property rights). We also reserve the right to take legal action against parties who have misinformed, misled, abused or misused any or all of the Content, or otherwise breached any of the Terms of Use.

Termination

The Terms of Use are effective until terminated by us, and we may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but all restrictions imposed on you, licenses granted by you, indemnities given by you and all our disclaimers and limitations of liability set out in the Terms of Use will survive termination.

Security

To access and use the Site, you will need an account with Facebook which includes login details such as username and password (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You must not reveal your Account information to anyone and you must not use anyone else’s Account.

You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Facebook of any unauthorised use of your Account or any other breach of security. We shall not be responsible for any losses arising out of the unauthorised use of your Account.

You must not access or attempt to access an Account that you are not authorised to access. Other than posting on the Site, you agree not to the Contents or the Site in any manner or form.

You should be aware that there are inherent risks associated with the transmission of information via the internet, and we cannot guarantee the safe and secure transmission of information to or from us unless we explicitly say so in writing for a particular interaction.

Changes

We reserve the right to change any or all of the Site format and content including without limitation the Terms of Use at any time without notice. As such, it remains your responsibility to regularly check the Terms of Use.

 

For any questions and notices, please contact us at:

Brand New You International Pty Ltd ABN 84 146 309 622

Email: [email protected]

Last update: 8/7/19