Terms and Conditions
THE AGREEMENT: The use of this Website and services on this Website provided by Radiant Beauty Essentials (from now on referred to as "Website") is subject to the following Terms & Conditions, all parts and sub-parts of which are expressly incorporated by reference here. This Agreement shall govern the use of all pages on this Website (from now on collectively referred to as "Website") and any services provided by or on this Website ("Services").
DEFINITIONS
“Agreement” denotes these Terms and Conditions, the Privacy Policy, and other documents the Website provides.
“We,” “us,” and “our” are references to RADIANTBEAUTY.COM.AU.
“User,” “You,” and “your” denote the person who is accessing the Website for taking or availing of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this Website.
“Website” shall include radiantbeauty.com.au and any successor Website of the Company or its affiliates.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:
YOU MUST COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
LIMITATIONS OF OUR LIABILITY TO YOU; AND
A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you disagree with these Terms or our Privacy Policy, please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing, and using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND RADIANT BEAUTY ESSENTIALS.
Consequences of Non-Compliance
Failure to comply with the Terms may result in the suspension or termination of your account and access to the Services and may subject you to civil and criminal penalties.
AGE RESTRICTION
You must be at least 13 (Thirteen) years of age to use this Website or any Services contained herein. By using this Website, you represent and warrant that you are at least 13 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.
ACCURACY OF INFORMATION
Occasionally, there may be information on the Website containing typographical errors, inaccuracies, or omissions relating to user descriptions, pricing, availability, promotions, and offers. In our sole discretion, we reserve the right to make changes or modifications to these Terms and Conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.
ADVERTISEMENTS
During your use of the Website and Services, you may enter correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity and any terms, conditions, warranties, or representations associated with such activity are solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any correspondence, purchase, or promotion between you and any third party.
SERVICES
This Website operates as an affiliate for cosmetic and beauty products. The content and services provided herein primarily pertain to reviews, recommendations, and informational resources related to cosmetic and beauty products available on Amazon. As an affiliate, we may earn commissions from qualifying purchases made through the links provided on this Website. Please note that the prices, availability, and other details of products on Amazon are subject to change without prior notice, and we cannot guarantee the accuracy or timeliness of such information. Users are encouraged to review the terms and conditions, privacy policies, and other relevant information Amazon provides before purchasing. We strive to provide unbiased and informative content. Still, users are advised to conduct their own research and exercise discretion when making buying decisions based on the information provided on this Website. You acknowledge and agree to the terms and Affiliate disclaimer by accessing or using this Website.
USER CONTENT
Content Responsibility.
The Website permits you to share content, post comments, feedback, etc., but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the Website, please do not post content that:
· Contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, and inflammatory attacks of a personal, racial or religious nature.
· It is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, and contains exaggeration or unsubstantiated claims.
· Violating the privacy rights of any third party is unreasonably harmful or offensive to any individual or community.
· Discriminates on race, religion, national origin, gender, age, marital status, sexual orientation, or disability or refers to such matters in any manner prohibited by law.
· Violates or inappropriately encourages violating any municipal, state, federal, or international law, rule, regulation, or ordinance.
· Uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of Use uploads or transmits viruses or other harmful, disruptive, or destructive files.
· Sends repeated messages related to another user and makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
· Any submitted content that includes, but is not limited to, the following will be refused. If repeated violations occur, we reserve the right to cancel user access to the Website without advanced notice.
IFRAMES
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter our Website's visual presentation or appearance.
ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful or prohibited purpose under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of radiantbeauty.com.au.
· You further agree not to use the Website or Services:
· To harass, abuse, or threaten others or otherwise violate any person's legal rights.
· To violate any of our intellectual property rights or any third party.
· To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
· To perpetrate any fraud.
· To engage in or create unlawful gambling, sweepstakes, or pyramid schemes.
· To publish or distribute any obscene or defamatory material.
· To publish or distribute any material that incites violence, hate, or discrimination towards any group.
· To unlawfully gather information about others.
HYPERLINKING TO OUR CONTENT
1) Without prior written approval, the following organizations may link to our site:
· Government agencies.
· Search engines.
· News organizations.
· Online directory distributors, when they list us in the directory, may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses and
· Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups that may not hyperlink to our Web site.
1) We allow these links if the link (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party's site.
2) We may consider and approve, in our sole discretion, other link requests from the following types of organizations:
· Commonly-known consumer and business information sources such as Chambers of Commerce and Consumers Union.
· dot.com community sites.
· Associations or other groups representing charities, including charity giving sites
· online directory distributors.
· Internet portals.
· Accounting, law, and consulting firms whose primary clients are businesses; and
· educational institutions and trade associations.
We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party's Website.
If you are one of the organizations listed above and would like to link to our Website, please contact us at lina@radiantbeauty.com.au. List any URLs from which you intend to link to our Web site, along with the URL(s) on our site to which you would like to link. Response time is 2-3 weeks. Those approved may link to our site as follows:
· Use our company name, the URL (web address) being linked to, or any other description of our Website or material that makes sense within the context and format of the linking party's site.
No use of the Radiant Beauty Essentials logo or other artwork will be allowed for linking absent a trademark license agreement.
INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by us are the property of Radiant Beauty Essentials, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without our express written permission.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Radiant Beauty Essentials and its affiliates and related entities, whether direct or indirect, current, former or future, and its and their respective current, retired, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Radiant beauty essentials. Radiant Beauty Essentials reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Radiant Beauty Essentials in asserting any available defences. An Indemnified Party may participate in the defence by counsel of its choosing at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
BINDING ARBITRATION
If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved through binding arbitration. The arbitration may be conducted in person, by submitting documents, by phone, or online. The arbitrator will decide in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The arbitration will take place in Australia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If, for any reason, the Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Australia, and the Parties at this moment consent to and waive all defences of lack of personal jurisdiction and forum non-convenient to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either party related in any way to the site be commenced more than one (1) year after the cause of action arose. Suppose this provision is found to be illegal or unenforceable. In that case, neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be unlawful or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the radiantbeauty.com.au Website, including loss of data or information or any financial or physical loss or damage.
In no event shall Radiant beauty essentials, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, Agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its essential purpose.
MODIFICATION & VARIATION
We may modify this Agreement from time to time and at any time without notice to you. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless previous versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We, at this moment, expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties for the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Website or Services is your sole responsibility. We are not liable for any such damage or loss.
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you because of your use of the Website or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts.
GOVERNING LAW AND JURISDICTION
This Website originates from Australia. The laws of Australia. Principles will govern these terms to the contrary without regard to its conflict of law. You, at this moment, agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of Australia. Using this Website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or because of these terms. You now waive any right to trial by jury arising out of these terms.
SEVERABILITY
Suppose any provision of these Terms and conditions is deemed unlawful, void, or unenforceable. In that case, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms and Conditions; such determination shall not affect the validity and enforceability of any other remaining provisions.
CONTACTING US
If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at lina@radiantbeauty.com.au.
This document was last updated in February.