Conditions Of Use
BellaNaturally™ - A.B.N. 85 130 964 171 - an Australian Private Company.
The BellaNaturally™ websites are owned and operated by Zareon Technology Pty Ltd (the “Owner") which is an Australian Private Company trading as BellaNaturally™. The material including all information, contents and images on the Websites is copyright © 2016 to the Owner and other related copyright Owners.
*Please read these Terms and Conditions carefully before accessing or using our websites. By accessing or using any part of the sites, you agree to be bound by these Terms and Conditions. The Websites are available for you to access, conditional on your acceptance without limitation or alteration of the Terms and Conditions of Use and Access set out herein. If you do not agree to be bound by these Terms and Conditions of Use and Access then you may not access the websites or use any of its services.*
Except as otherwise expressly stated on this Website and to the full extent permitted by law, this Site and all information contained within it regarding or relating to the Owner and its related entities, products and services are provided "as is" and on an "as available" basis without any representation or endorsement made and without warranty of any kind, whether expressed in words or implied.
The word/term BellaNaturally™and “we” and “our” refers to the Owner. The word and term “you” and “your” and “Customer” and “Consumer” and “Client” refers to you as the Customer and Consumer.
All prices stated on the Australian domain (bellanaturally.com/au) are in Australian dollars (AUD) and all transactions are processed in Australian Dollars. All prices stated on the International domain (bellanaturally.com) are in US Dollars (USD) and the relevant currency selected. Transactions are processed in the relevant currency (excludes reward points and shipping charges- which are quoted in AUD). We reserve the right to vary the prices displayed on both the Websites from time to time and without notice to you.
SECTION 1: Product and Information Disclaimer
The products and information provided in this website is educational and not intended to replace professional health and medical advice. This includes information and associated media and recommendations which do not take into account your individual circumstances. We collect product information directly from the distributors and manufacturers.
Though the products offered on our website are natural, some product ingredients can cause undesirable reactions in those with sensitivities, e.g. wheat and some essential oils. We highly recommend that allergy tests be conducted before use of any products mentioned on this website and before using any items referred to in any associated media. Professional medical advice should always be consulted before, during and after pregnancy. Always seek medical advice if in doubt.
BellaNaturally™ does not provide medical advice or medical or professional services. Information available on this website and any associated media should not be used for diagnosing or treating a health problem or disease. Always see your doctor or health care practitioner concerning your individual treatment options. The information on this web site does not replace the advice of your doctor or health care practitioner.
SECTION 2: Terms of Use
1. You may not use the Website and the material and images contained on it, for any purpose, including, but not limited to the following:
(a) The reproduction of the material in any material form;
(b) The distribution of the material in any material form;
(c) Re-transmission of the material by any medium to any other website;
(d) “framing” the material on the Website with other material on any other website.
(e) You must not modify or copy:
(i) the layout of the Website; and
(ii) any computer software and code contained in the Website.
2. The Owner reserves all intellectual property rights, including but not limited to, trademarks, copyright in material, images and / or services provided by it, vested in it or otherwise.
3. To the full extent permitted by law, the material provided on the Website is provided for personal use only and may not be:
(a) Re-sold and / or re-distributed in any material form;
(b) Stored in any storage media; and / or
(c) Re-transmitted in any media;
Without the prior written consent of the Owner.
SECTION 3: Links to other Websites
4. The Website may contain links to websites owned and operated by third parties and which are not under the control of the Owner. The Owner:
(a) May provide the links to other sites as a convenience to you (and in some cases the Owner may be paid for the Link).
(b) The existence of a link to other websites does not imply any endorsement by the Owner of the linked site; and
(c) Is not responsible for the material contained on those linked sites.
SECTION 4: Products and Services
5. Features and specifications of products and services described or depicted on the Website (including, without limitation, products manufactured or supplied through our business partners or suppliers which are displayed on the Website and their attributes) are approximate only and subject to change without notice.
6. A reference to products or services on the Website does not imply or warrant that the products or services will be available at any time in your particular locality.
7. To the full extent permitted by law the Owner disclaims any and all warranties, conditions, terms, representations and undertakings, other than as expressly set out in these Terms and Conditions, express or implied, including but not limited to:
(a) Any warranty relating to the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any liked sites; or
(b) Any warranty relating to the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
(c) Any warranty that the Website, or the server that makes the site available are free of software viruses;
(d) Any warranty that the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(e) Any warranty that errors and defects in the Website will be corrected.
SECTION 5: Liability
8. Your use of the Website is at your own risk.
9. To the full extent permitted by law, neither the Owner nor any party involved in creating, producing or delivering the Website accepts any liability for the accuracy, timeliness or completeness of the information contained on the Website, whether or not the Owner is aware of such errors or omissions nor do they accept any liability for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue of profit, or loss or corruption of data arising out of your access to, or use of, or inability to use or access this Site, whether arising in tort or contract. Further, the Owner does not bear any responsibility for any errors, omissions defamatory, offensive or illegal conduct of any user of the Website.
10. The Competition and Consumer Act 2010 (Cth) legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified. Where it is permitted to do so, the Owner limits its liability for breach of any implied warranty, condition or undertaking which cannot be excluded, at the option of the Owner, to:
(a) In the case of services, the supply of the services again or the payment of the cost of having services supplied again; and / or
(b) In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
SECTION 6: Relevant Jurisdiction
11. These Terms and Conditions of Use and Access will be governed by and interpreted in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of laws.
12. You agree to the jurisdiction of the Courts of Queensland to determine any dispute arising out of these Terms and Conditions of Use and Access.
13. If any part of these Terms and Conditions of Use and Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms and Conditions of Use and Access and the severed part will not affect the validity and enforceability of any remaining provisions.
SECTION 7: Termination of Access
14. The Owner may terminate your access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
SECTION 8: Alteration of the Terms and Conditions and Terms of Access
15. The Owner reserves its right to change these Terms and Conditions of Use and of Access:
(a) With or without further notice to you; and
(b) Without giving you any explanation or justification for such change.
SECTION 9: Promotions, Gifts, Prizes, offers and Discounts
16. Subject to any specific terms or conditions that are displayed with any prize, gifts, offer, discount and giveaway is at the time they are offered, displayed or advertised, prize, gifts, offer, discount and giveaway items or the like are offered, displayed or advertised on the Website, to the full extent permitted by law, the Owner:
(a) May withdraw the offer of the prize, gifts, offer, discount and giveaway at any time prior to the time the recipient/s of the prize, gifts, offer, discount and giveaway are to be drawn or otherwise determined, without notice to you, in the event that we are, for any reason, unable to supply the prize, gifts, offer, discount and giveaway;
(b) Will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) as a consequence of the withdrawal of the prize, gifts, offer, discount and giveaway;
(c) In the event that we are unable to supply the exact prize, gifts, offer, discount and giveaway displayed to you for any reason, we may supply in it/their place an alternative items of a similar nature and value;
(d) Supply of the alternative item/s will be in complete satisfaction of the Owners obligation to the recipient/s in respect of the prize, gifts, offer, discount and giveaway items/s, to the extent permitted by law;
(e) Will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) as consequence of the supply of the alternative item/s; and
(f) Consumers and Customers in receipt of prize, gifts, offer, discount and giveaway items are prohibited from on-selling or profiteering from such products. Failure to comply may result in exclusion from all future competitions, giveaways and offers.
17. The prize, gifts, offer, discount and giveaway and services are offered to consumers in Australia and International (unless otherwise stated) and excludes postage to destinations we don't currently ship to.
18. The prize, gifts, offer, discount and giveaway are not transferable for cash.
19. The prize, gifts, offer, discount and giveaway are single use and are not eligible to be used in conjunction with any other BellaNaturally™ prize, gifts, offer, discount and giveaway.
SECTION 10: Participation in Interactive portions of the Website
20. The Website may contain interactive components where you can submit material to the Website.
21. Any intellectual property rights in any material submitted to the Website becomes and remains the sole property of the Owner. You consent to all relevant acts or omissions in relation to that person's moral rights in his or her material which may or might otherwise constitute a breach or infringement of those moral rights and, to the extent permitted by law, waives all of his or her moral rights in the material.
22. The Owner may, but is not obliged to; moderate any material you submit to the Website including, without limitation, changes to spelling and grammar. The Owner reserves the right to remove any material for any or no reason. We may also restrict, suspend or terminate your use of the Website where we believe that you have misused it or breached the Terms and Conditions of Use and Access.
23. You warrant that any material you provide:
(a) does not infringe the intellectual property rights or any rights of any person;
(b) is not illegal, fraudulent, sexist, racist, or in breach of any anti-discrimination law;
(c) is not misleading or deceptive;
(d) is not defamatory;
(e) is not obscene, offensive or is in any way unsuitable for people under the age of 18 years;
(f) is not classified MA15+, X18+, R18+ or RC pursuant to the classifications set out in the Classification (Publications, Films and Computer Games) Act 1995 (Cth);
(g) is not classified but if it were classified pursuant to the classifications set out in the Classification (Publications, Films and Computer Games) Act 1995 (Cth) is not reasonably likely to be classified MA15+, X18+, R18+ or RC;
(h) complies with this Agreement.
You indemnify and hold the Owner harmless for any loss arising out of the Owner's use of any material you submit to the Website, including without limitation, your breach of the warranties in this Clause.
24. You also warrant that any material you provide is your own personal view. If you submit material to the Website, you must disclose any affiliation with a Company or Organisation in the beauty industry.
SECTION 11: Use of Information Gathered
25. The terms of the Owner's Privacy Policy are incorporated into these Terms of Access.
