Effective as of 1 January 2019
- Intellectual Property
1.3 Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with TBA using the Sites as a shopping resource. Any other use of materials on the Sites – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of TBA is strictly prohibited.
- Product Information
2.1 The products displayed on the Sites can be ordered and delivered only within Australia. Please refer to the Delivery section of the Sites for more information regarding shipping. Products displayed on the Sites may be available in selected TBA retail stores in Australia. All prices displayed on the Sites are quoted in Australian Dollars and are valid and effective only in Australia. If any minor uses any goods or product from TBA it should be only after the legal or parental guardian has discussed the product with the minor’s doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TBA.
2.2 All material and information presented by TBA is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product purchased through the Site it should be only after the parent or legal guardian has discussed the product with the minor’s doctor.
2.3 All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
2.4 Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. TBA does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. TBA does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL EMERGENCY SERVICES OR YOUR PHYSICIAN IMMEDIATELY.
2.6 Given the popularity of our products, and except where prohibited by law, TBA may limit the number available for purchase, so that as many clients as possible may enjoy our merchandise.
2.7 Occasionally there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. TBA reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
- Colour Information
3.1 While TBA has tried to accurately display the colours of products, the actual colours you see will depend on your device, ambient lighting and other factors beyond TBA’s reasonable control, and may not accurately reflect the colour of the product.
- Responsibility for your Content
4.1 You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Sites.
- Your Use of Content on the Sites and Limitation of Liability
5.1 TBA provides the Sites and all other applications and services on the Sites as a forum only. To the fullest extent permitted by law, TBA is not and shall not be liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, is not controlled by TBA. TBA cannot guarantee the accuracy, integrity or quality of such Content. To the maximum extent permitted by law, TBA will not be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of any Content posted, emailed or otherwise transmitted via or to the Sites.
5.3 You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. TBA reserves all rights not expressly granted in and to the Content.
- Your Content Submissions
6.1 By submitting Content to TBA, you represent and warrant that:
(a) You understand you are participating in a public forum and that your Content will be available to all other users of the Sites, and potentially Third Party Sites;
(c) All “moral rights” that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
(d) All Content that you post is accurate;
6.2 You also represent and warrant that any Content you submit:
(a) is not false, inaccurate or misleading;
(b) does not harm minors;
(c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
(d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) does not violate any law, statute, ordinance, guidelines or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
(g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
(i) is not submitted for compensation or other consideration from any third party;
(j) is not unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and
(k) does not contain any computer viruses, worms or other potentially damaging computer programs or files.
6.3 TBA does not endorse any Content or any opinion, recommendation or advice expressed therein, and TBA disclaims all liability with respect to the Content.
6.4 If your Content includes ideas, suggestions, documents or proposals to TBA through the Site:
(a) such Content is not confidential or proprietary and TBA has no obligation of confidentiality, express or implied, with respect thereto;
(b) TBA may have something similar to that Content already under consideration or development; and
(c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from TBA under any circumstances unless you are otherwise notified by TBA in writing.
- Your Account
7.1 You must be at least 18 years of age to become a registered user of our Site.
7.2 On registration at our Site, you will have a username and password for your account. You are responsible for ensuring your account, username and password remain confidential, current, complete and accurate. You are responsible for all activities that occur under your account, username and/or password.
- Guidelines for Interactive Services
8.1 We want to know what you think of the products you’ve tried, bought, know and love and we encourage you to use our review function. When writing a review or posing a question on the, please consider the following guidelines:
(a) focus on the product and your individual experience using it;
(b) provide details about why you like or dislike a product;
8.2 You may not use our Site to impersonate any person or entity, including, without limitation, any TBA official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Site to collect or store personal data about other users.
- Third Party Content and Third Party Sites
9.1 TBA may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. TBA does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between TBA and such third party. TBA does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. TBA is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to TBA through the Site, do not necessarily reflect the views of TBA.
- Mobile Services
10.1 Please be aware that when you access the Sites via your mobile device, contact us through Phone Call or submit content through Text, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
- Modification of Content
- Reservation of Rights
12.2 TBA may access, preserve and disclose your account information and Content including if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(iii) respond to claims that any Content violates the rights of third parties,
(iv) respond to your requests for customer service, or
(v) protect the rights, property or personal safety of TBA (and its employees), its users and the public.
13.1 To the extent permitted by law, TBA is providing the Sites, its Contents on an “as-is” basis and, makes no representations, conditions or warranties of any kind, express or implied, with respect to the operation of the Sites, the information, content, materials or products, included on the Sites.
13.2 To the extent permitted by law, TBA will not be liable for any damages of any kind arising out of or in connection with the use of the Sites. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
- Indemnification and Limitation of Liability
14.1 You agree to defend, indemnify and hold harmless TBA (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of:
(a) your use of and access to the Sites;
(c) a breach of your representations and warranties set forth above regarding Content;
(d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or
14.2 To the maximum extent permitted by law, and subject to applicable consumer protection provisions, TBA is not liable for claims arising from your use of non-TBA branded Products. This will not limit any claim you may have against the product manufacturer under consumer protection legislation.
14.3 TBA will not be liable for any claim arising out of your incorrect or improper use of a Product, including use that does not comply with any Product instructions or that would be otherwise unexpected or unreasonable.
- Applicable Law
- Content Notification Procedure
16.1 If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide TBA’s designated copyright agent the following written information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed upon;
(c) A description of where the material that you claim is infringing is located on the Sites;
(d) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) Your name, address, telephone number and email address (if available); and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
16.2 TBA can be contacted for notice of claims of copyright infringement by emailing or writing to the below:
Tamarua Beauty Academy
19 Breakwater Cres. Point Cook, VIC, 3030
- Fraud Protection Program
17.1 As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorised or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.