Member Agreement

Member Agreement

1. YOUR ACCEPTANCE OF THE TERMS

1.1 Agreement
These Terms of Service are a legal agreement between you and Ya Beauty Partnership Pty Ltd (“Ya Beauty”). They apply to Ya Beauty’s provision and your use of Ya Beauty’s content platforms, sites, applications and services. Your access to the services is permitted by Ya Beauty on the basis that you have accepted these terms, and in consideration for that acceptance. If you do not agree to the terms, you are not permitted to access the services in any manner. If you do access the services (whether you make use of them or not), you are deemed to have agreed to these Terms in their entirety. Your agreement with Ya Beauty includes any specific additional terms and policies that apply to any specific services that you use.

1.2 Site
If you are dissatisfied with the Ya Beauty website or the services, your sole and exclusive remedy is to stop using the services except for the limited warranties offered by Ya Beauty or as otherwise expressly stated in this Agreement.

 

2. MEMBERSHIP

2.1 Eligibility
The following criteria must be met by an Applicant to be eligible for consideration of membership to Ya Beauty:

1. a) the Applicant must be a natural person;

2. b) the Applicant must be sponsored by a Business Partner of Ya Beauty;

3. c) the Applicant must be at least 18 years of age;

4. d) the Applicant must have submitted a complete Ya Beauty Member application form online via the Ya Beauty website.

2.2. Acceptance of Membership
Ya Beauty has the unfettered right to accept or reject any Application as it deems appropriate in its discretion without having to provide justification or reasons to the Applicant for either the acceptance or rejection of the Application.

2.3 Member Access & Commencement
The Applicant becomes a Member when the Application for Membership is accepted and upon the information of the Application being entered into Ya Beauty records. Until then, the Applicant is not permitted to buy and refer Ya Beauty services and products. Access to Ya Beauty’s website after registration does not mean the applicant’s Membership has been accepted nor that an application will be considered for acceptance.

 

2.4 Term of Membership
The Term of membership commences from the date of the Applicant’s membership approval and registration on Ya Beauty records and continues until the twelve (12) month anniversary of the membership commencement date or until otherwise terminated by the parties in accordance with the Terms of this Agreement (“the Term”).

2.5 Automatic Renewal of Membership
A Member’s membership with Ya Beauty will be automatically renewed at the expiry of the Term only if the Member continues to satisfy the Ya Beauty eligibility requirements specified in clause 2.1 herein (or as otherwise specified from time to time). The renewed Term is subject to the terms of this Agreement or as otherwise specified from time to time.

2.6 Membership Payment
There is no Application or joining fee to become a Member of Ya Beauty.

3. MEMBER BENEFITS

3.1 Access to Ya Beauty Products
Members will have access to the Ya Beauty Member section of the Ya Beauty website and will have access to a range of Ya Beauty products and services for purchase as made available by Ya Beauty in its sole discretion from time to time. The prices established on the Ya Beauty website Members area are exclusive membership prices that are the confidential information of Ya Beauty for the knowledge and awareness of Members only. There is no minimum purchase order requirement to maintain membership with Ya Beauty.

3.2 Minimum Purchase Requirement
There is no minimum purchase order requirement to maintain membership with Ya Beauty for the Term.

3.3 Compensation Plan
During the term of this Agreement and providing Business Partner to Ya Beauty is current, Ya Beauty Business Partner will have access to the Compensation Plan in accordance with the information provided by Ya Beauty from time to time. The Compensation Plan is subject to change as Ya Beauty in its unfettered discretion deems appropriate from time to time and includes but is not limited to Ya Beauty:

1. a) changing the way that commissions, awards or points are earned;

2. b) change the way that commissions, awards or points may be redeemed;

3. c) adding or removing commissions, awards or points in whole or in part;

4. d) forfeit, cancel or suspend commissions, awards or points in whole or in part;

Benefits under the Compensation Plan are be awarded to a Business Partner when:

1. e) the referred Member purchases Ya Beauty products;

2. f) Downline Business Partner refers other customers to Ya Beauty who become Ya Beauty Business Partners; and

The Business Partner is responsible to ensure that any of its referred Members use the referring Business Partner’s sponsor ID. Ya Beauty takes no responsibility to ensure that the Sponsor ID provided when a referred Member joins is accurate, or connected with the referrer Sponsor ID.

Benefits are awarded as specified in the Compensation Plan. These benefits, commissions and awards are not transferable between Business Partners or to third parties. Business Partners can only claim the benefits specified in the Compensation Plan during the term of the Agreement and while being a current Business Partner. The benefits under the Compensation Plan are not proprietary to the Business Partner and cannot be claimed as the Business Partner’s property. The benefits indicate an amount that will be paid by Ya Beauty to the Business Partner as an award for purchases or referrals that convert to sales purchases connected with the referring Business Partner’s Sponsor ID. Business Partners must accept the benefit in the form that is provided to it by Ya Beauty.

3.4 Membership Access & Referral License
Business Partners are granted a revocable, non – exclusive, non - assignable, limited referral license to recommend and refer Ya Beauty services and products within the territory of Australia for the period that the Membership and this Agreement remains in effect. Business Partners are not required to promote or refer to maintain membership and there are no minimum quantity product order or referral sales requirements. Business Partners however are required to:

1. a) act in good faith at all times towards Ya Beauty and provide such assistance and co-operation as requested by Ya Beauty from time to time;

2. b) ensure that any referrals for purchase are directed to the Ya Beauty website to become Members are genuine consumers of Ya Beauty products and services;

3. c) deal ethically, honourably and fairly with customers of Ya Beauty products;

4. d) provide to potential customers true, complete and accurate information in a professional and courteous manner and in accordance with any product instructions, technical information, or usage directions as specified on products packaging and/or any accompanying documentation;

5. e) advise their customers of any necessary precautions needed to be taken prior to use of any Ya Beauty products and services;

6. f) abide by all laws within the jurisdiction of which it resides;

7. g) stay informed and comply with Ya Beauty policy, rules, requirements, documentation and Member responsibilities at all times and as specified by Ya Beauty from time to time;

8. h) maintain in strict confidence the pricing policy and other Member information relating to products and services made available to Members on the Ya Beauty website;

9. i) comply with all lawful and reasonable requests of Ya Beauty;

10. j) comply fully with each of the terms of this Agreement and any policy, rules or regulations of Ya Beauty as it provides from time to time;

11. k) promptly inform and report conduct of other Members that the Member reasonably suspects or knows is a breach of this Agreement as soon as the Member view is formed or as soon as the breach becomes known to the Member.

4. WEBSITE USE

4.1 Use
You are responsible for your own access and use of the Ya Beauty services and accept the following terms:

1. (a) after you have created an account with Ya Beauty, you may use the website to search, view content and products, purchase products and interact with the material made available;

2. (b) Ya Beauty has the right to make any changes to the services and products at any time including any action to modify, amend, suspend or discontinue all of or any part of the services or products within Ya Beauty’s discretion and without notice;

3. (c) usage of the Ya Beauty website products and services is for personal use only and is not to be used for any other purpose other than the purpose established by this Agreement;

4. (d) you are responsible to ensure the safety and compatibility of the services and products provided by Ya Beauty for your own usage, consumption or dealing;

5. (e) you acknowledge that your Member account is not a secure data storage facility for primary information that you wish to retain. Ya Beauty reserves the right to delete content stored using the Ya Beauty website at any time without notice. If you want to secure your Content, you should take other measures to ensure safe and secure storage of your Content.

4.2 Site Availability
Ya Beauty does not guarantee that the website, products or services will always be available, work, or be accessible at any particular time. Further, only users who are eligible to use our services may do so and Ya Beauty reserves the right to limit access to or terminate the service and Membership of anyone without limitation.

5. MEMBER PROHIBITED ACTIONS

5.1 Actions not permitted
Ya Beauty prohibits the use of the Ya Beauty site, its products and services and its Intellectual Property in any manner other than as expressly allowed by Ya Beauty in the terms of this Agreement. You agree that you will not do any of the acts specified below and without limiting the rights Ya Beauty may have, you agree that Ya Beauty may suspend, terminate or delete your Membership account immediately and without notice if:

Payment
a) you charge or attempt to charge a fee to prospective Ya Beauty Members in exchange for any of the following:
i. sponsorship of a Member application;
ii. an offer of assistance of a prospective member in application of membership to Ya Beauty;
iii. training or information to a prospective Member or Customer of on the products and services of Ya Beauty;
iv. admission tickets or invitations to attend seminars, meetings or other informational events;
v. for any other action that relates to obtaining information about Ya Beauty Membership, products or services.

True Information
b) you lie or mislead Ya Beauty (and, in some circumstances, other Members) about your personal details that you provided in your Membership Application;

Registration of Another
d) registering or applying for membership with Ya Beauty another person without their express written consent or the express written consent of Ya Beauty;

Misrepresentation or Misstatement
f) misrepresent, mislead, or misdescribe Ya Beauty products, services or Membership benefits to third parties, prospective members or prospective customers;

Member Pricing Confidential to Members
g) disclose Ya Beauty Membership prices to any non- Member of Ya Beauty;
h) disclose Ya Beauty product or service information to any non – Member that is not authorised Ya Beauty promotion material without the prior first obtaining the express written consent of Ya Beauty;

Use of Brand, Logo and Materials
i) use the trade mark, logo or other Intellectual Property of Ya Beauty in any way that is not expressly authorised in the terms of this Agreement;

Selling Products
j) sell or attempt to sell Ya Beauty products or services using any method that is not the official Ya Beauty website (or other official Ya Beauty forum) or that is not expressly authorised by the terms of this Agreement or as otherwise authorised to in writing by Ya Beauty from time to time. Prevented methods of sale include (but are not limited to):
i. non – Ya Beauty official and approved websites or online forums including but not limited to:
• bidding or auction sites (such as but not limited to www.ebay.com), other websites such as Amazon or other similar sites;

Conduct between Members and Customers
k) your stalk, harass, threaten, defame, abuse, racially or sexually vilify, bully or harm another individual or Member of Ya Beauty;

Transactions between Members
l) enter unauthorised transactions or illegal transactions of any kind including transactions that may occur between Members;

Competing Products and Services
m) sell or represent to current and prospective customers of Ya Beauty, products or services that may reasonably be regarded as products or services that compete with Ya Beauty products and services;

Forcing Sales
o) encouraging or promoting Member down lines or consumers to purchase products in a manner that may be reasonably regarded as coercive, excessive pressure or in a manner that is not genuine promotion for the sale of products or services for the dominant purpose of consumer consumption;
p) represent that the purchasing of products is necessary to become a Member of Ya Beauty or to obtain information about Ya Beauty products and services.

Changing of Sponsor
q) changing or attempted changing of sponsors without the express written authority of Ya Beauty;
r) enticing offering, soliciting, influencing or persuading another Member to change or attempt to change their Sponsor or line of sponsorship.

Change of Ya Beauty Representative Company
s) changing or attempted changing of Membership to another Ya Beauty centre to obtain similar products or services as offered by Ya Beauty Partnership Pty Ltd;

Respect Member Customer Lines
t) recruiting or attempted recruiting of customers or Members or prospective customers or Members that have been introduced to Ya Beauty by, or comprise of the sales lines of another Member;

Publication of Sponsor ID
u) publish the Member Sponsor ID on personal websites, internet based applications, social media applications, social media websites or other media forum including newspaper, magazines, television and radio.

Alteration of Information, Products or Services
v) alter, modify or change any of the products or services of Ya Beauty (including packaging, accompanying information, and instructions) in any manner (including attempted alteration, changes or modifications) without the prior written authority of Ya Beauty.

Genuine Purchases
w) purchase products or services with the dominant purpose of benefiting from the Compensation Plan;

No Broad Advertising and Promotion
x) not promote publicly or publish invitations to meetings, invitations to learn about Ya Beauty and its products and services, information about Ya Beauty or its products or services with the purpose of inducing or soliciting Membership;

6. INTELLECTUAL PROPERTY

6.1 Meaning of Intellectual Property Intellectual Property means all copyright, trade mark rights, logo, patent rights, design rights or any other Intellectual Property Rights subsisting in or created during the development of the products, Ya Beauty website, Ya Beauty business, and the Trade Marks and any advertising and promotional materials provided to the Member including software, Confidential Information, source and object codes, scripts, records, documents, advertising and promotional materials, media content, specifications, plans, program listings, calculations or drawings and all Confidential Information necessary for, or which may be used in connection with the administration, operation and marketing of the Ya Beauty products and services.

6.2 Use
The Member agrees that all rights in and relating to the Intellectual Property are and remain the property or under the control of Ya Beauty and that the Member does not acquire any right, title or interest in any of the Intellectual Property.

The Member must:

1. a) not register or seek to register any of the Intellectual Property without the prior written consent of Ya Beauty;

2. b) not cause any of the Intellectual Property to be prejudicially affected or contested;

3. c) not use the Intellectual Property without the prior express written authority of the Member;

4. d) not make any alterations to the Intellectual Property;

5. e) not use the Ya Beauty brand name or any derivative of the words comprising the Ya Beauty brand name, in the Member’s business, or personal domain names;

6. f) stop using the Intellectual Property upon the termination of this Agreement or Membership or at the immediate request of Ya Beauty;

7. g) not modify the design, appearance and attributed of any products or services, packaging, promotion or marketing materials;

8. h) not register or attempt to register a business name or company name that contains the word “Ya Beauty” or any combination of words that indicates a connection with or is similar to Ya Beauty.

9. i) not consent or oppose or assist any other person to contest or oppose any application for registration of the Intellectual Property as trademarks or as business or company names.

10. j) not reproduce, in whole or in part, any printed material or audio or visual recordings that have been produced by Ya Beauty unless given prior written authorisation to do so by Ya Beauty. These materials are protected by copyright form part of the Intellectual Property whether registered or unregistered and are considered proprietary to Ya Beauty.

7. CONFIDENTIAL INFORMATION

7.1 Confidential Information Meaning
Confidential Information” means:

1. a) the ideas, techniques, systems, processes, trade secrets, designs, inventions, methodologies and procedures developed by the Employer;

2. b) any information regarding the Ya Beauty relating to their business and business processes, including financial information, accounts, financial records, customer records, business plans, pricing, customer lists and all associated information; and

3. c) all reports, proposals, memoranda, drawings, diagrams, statements, accounts and other documents created during the course of the Executive’s employment;

but does not include information that is already in the public domain at the time this Agreement is executed or which subsequently falls into the public domain lawfully and through no breach of any duty of confidentiality.

7.2 Prohibited Conduct
The Member agrees that:

1. a) it will not use the Confidential Information to conduct or establish a business or assist another to establish or conduct a business that is similar to the business of Ya Beauty in concept, design or execution without first obtaining the prior written approval of Ya Beauty.

2. b) it will not disclose the Confidential Information to any other party without the prior written authority of Ya Beauty;

3. c) it will take all reasonable steps to ensure the safety and integrity of the confidential information to prevent it from disclosure to any unauthorised party;

4. d) it will on demand of Ya Beauty, return any confidential information supplied by Ya Beauty to the Member in connection with Membership and this Agreement;

5. e) this clause survives termination of this Agreement.

8. RELATIONSHIP OF THE PARTIES
The Member agrees that:

1. a) If the Member actively conducts promotion of Ya Beauty with a view to earn benefits under the Compensation Plan, the Member does so as an independent contractor and is responsible for its own business affairs that includes but is not limited to:
   i. establishing customer leads and maintenance of its own customer information;
   ii. setting its own objectives, strategies and scheduling;
   iii. obtaining, insuring, and usage of any necessary equipment, products or services;
   iv. uniforms or other suitable attire;
   v. any expenses connected with operational costs, licensing, insurance and other incidental items;
   vi. payment and account of any applicable taxes including any GST liabilities or payment and taxes connected to receipt of any Compensation Plan awards, commission payments or other benefits.

2. b) that the relationship between Ya Beauty and the Member is not one of partner, principal and agent, employee, franchisee, joint venture, securities holder, fiduciary or beneficiary;

3. c) that it does not have the power or authority either directly or indirectly or through its servants or agent (if any) to bind Ya Beauty with a customer or other third party or otherwise contract or negotiate or attempt to enter a binding relationship for or on behalf of Ya Beauty.

9. INFORMATION DISCLAIMER
The Member agrees that:

9.1 Information Reliance
All information supplied has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, improve, benefit, cure, or prevent any disease, medical condition, or health concern or physical goals. No warranty is made that any information on or linked to the Ya Beauty site is complete and/or accurate. All information contained on the Ya Beauty website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form and must be purchased and used or consumed in consultation with medical or professional heath care advice.

9.2 Must Seek Advice
Professional advice is required for each particular illness, disease, infection, injury or other medical or health condition and for dosages or usage instructions in relation to any health related product or service made available for sale on the Ya Beauty website. This information is not to be taken as any sort of medical advice whatsoever, and the Member takes full and total responsibility for what the Member does with this information, and any resulting outcomes from the Member’s actions. Members must also consult with their physical health care provider prior to the purchase and use of any of the Ya Beauty products or services available on the Ya Beauty website.

9.3 No Substitute for Advice
The information contained in this Site is not intended nor is it implied to be a substitute for professional medical or health advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health care provider when starting any new medical treatment, dietary plan, dietary consumption, usage of product, physical exercise or activity, continuing with medical treatment or with any questions you may have regarding yours or any other parties medical or physical condition. NOTHING CONTAINED IN THE SERVICE OR YA BEAUTY WEBSITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT OR HEALTH AND WELL BEING ADVICE OR INFOMRATION OR THAT THE USAGE OF PRODUCTS AVAILABLE ON THE YA BEAUTY WEBSITE ARE SAFE FOR YOUR PERSONAL USE.

9.4 No Guarantee of Results
Ya Beauty does not guarantee that any specific or beneficial result will be obtained from use of the Ya Beauty services, purchase of Ya Beauty products, or promotion or referral of customers to become Members and purchase Ya Beauty products.

9.5 Action by You
If you notice any adverse, detrimental, negative or concerning changes to your physical, mental or emotional health upon accessing Ya Beauty services and products, you will seek the attention of your independent health care professional immediately.

9.6 Testimonials
Any testimonials displayed on the Ya Beauty website may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.

9.7 Acceptance of Risk
You acknowledge and accept that the purchase and use of the Ya Beauty products and services may expose you to risk of physical harm when used or consumed. You purchase and use the product having considered and accepted the potential risks and are responsible for any adverse consequences that may occur.

10. DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS AND SERVICES SOLD
The Member agrees that:

10.1 EXCEPT AS EXPRESSLY STATED HEREIN THIS AGREEMENT, YA BEAUTY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON ITS WEBSITE OR OTHER FORUMS EXCEPT AS EXPRESSLY STATED HEREIN. YA BEAUTY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE YA BEAUTY WEBSITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT FOR THE 'CONSUMER GUARANTEES' (“THE LAW”) OUTLINED IN THE AUSTRALIAN CONSUMER LAW (FOUND AT:WWW.ACCC.GOV.AU). YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YA BEAUTY ARISING FROM ANY PRODUCT SOLD ON THE YA BEAUTY WEBSITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL YA BEAUTY’S DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

10.2 TO THE EXTENT PERMITTED BY THE LAW, THAT OUR LIABILITIY IS LIMITED AT OUR OPTION TO ANY ONE OR MORE OF THE FOLLOWING:

In the case of products or goods—

i. The replacement of goods or the supply of equivalent goods;
ii. The repair of goods;
iii. The payment of the cost of replacing the goods or of acquiring equivalent goods;
iv. The payment of the cost of having the goods repaired;

In the case of services—

v. The supplying of the services again; or
vi. The payment of the cost of having the services supplied again.

11. INDEMNITY
The member agrees that:

11.1 Claim Meaning
“Claim” means any and all claims, suits, causes of action, liability (including taxation liability), loss (including consequential loss), damages, demand, claim of awards or benefits under the Compensation Plan, allegation, debt, costs and expenses (including legal fees on an indemnity basis and other professionals’ and experts’ fees, and court and arbitration costs), proceeding or demand of any nature how soever arising, whether present or future, fixed or uncertain, actual or contingent, known or unknown or whether at law (including breach of contract and tort of negligence) , in equity, common law, under statute, or otherwise.

11.2 Exclusion of Liability & Indemnity of Ya Beauty
the Member at all times will indemnify Ya Beauty and their officers, employees, agents, suppliers and licensors in respect of any Claims that is suffered or incurred by them arising in whole or in part out of or as a result of a breach of the Terms of this Agreement terms or due to any unlawful conduct committed by the Member including a breach of Intellectual Property Rights of third parties.

11.3 Ya Beauty is not liable to any Member in respect of any Claim of a Member as against Ya Beauty that arises in connection with this Agreement and the Member holds harmless and keeps indemnified Ya Beauty against any and all Claims at all times.

12. REPUTATION, DIPARAGEMENT & DISREPUTE
The Member agrees that:

12.1 Lawful Conduct
the Member will always conduct itself in a manner that is compliant with the laws of the jurisdiction of which it resides or conducts business activity within;

12.2 Positive Conduct
the Member will not conduct itself in a manner that Ya Beauty in its absolute discretion regards as being a risk of bringing Ya Beauty into public disrepute and the Member will endeavour to conduct itself in a manner that presents a positive image for Ya Beauty and its products and services.

12.3 Non-disparagement
the Member will not in any way, whether in writing, orally or otherwise, call into disrepute, slander, defame or otherwise criticise Ya Beauty or any of its directors, officers, staff, employees, agents, Ya Beauty products or Ya Beauty services

13. SUSPENSION OF RIGHTS, MEMBERSHIP OR BENEFITS
The Member agrees that:

13.1 Suspension
Ya Beauty may in its unfettered discretion and without prejudice to any rights it has under this Agreement (including termination), suspend, or alter any rights or benefits contained with Membership to Ya Beauty including but not limited to purchasing of products and services, referral rights, suspension of rights granted via the Compensation Plan, non- payment of Compensation Plan benefits, non awarding of Compensation Plan points or cancellation or suspension of any bonus payments or awards and may do so for any period of time and for any amount or value that Ya Beauty determines appropriate in its absolute and unfettered discretion.

14. TERMINATION & EXPIRY OF MEMBERSHIP AGREEMENT

14.1 Termination by Ya Beauty for Breach
The Member agrees that Ya Beauty without prejudice to any other rights it may have under this Agreement or at law, may terminate this Agreement immediately by written notice if the Member is in breach of any term of this Agreement.

14.2 Termination by Ya Beauty Without Cause
The Member agrees that Ya Beauty may terminate this Agreement and any Membership of a Member for any reason whatsoever, by providing written notice of termination of fourteen (14) days.

14.3. Termination by Member
Ya Beauty agrees that a Member may terminate its Membership and this Agreement for any reason by providing a letter of Membership termination to Ya Beauty by email at: info@yabeauty.com.au or as otherwise specified by Ya Beauty from time to time. Membership termination will be deemed accepted at the time of receipt by Ya Beauty.

14.4 Effect of Termination
Upon termination or expiry of Membership and this Agreement, the Member agrees that:

1. a) referral rights granted to the Member under this Agreement come to an end;

2. b) any Member benefits, bonuses, points, awards, prizes or other items specified in the Compensation Plan (as provided and updated by Ya Beauty from time to time) are immediately no longer redeemable, or recoverable by the Member in any manner whatsoever;

3. c) all rights and licenses of the Member to use any of the Intellectual Property (including brand name, trademarks, Confidential Information) revert to Ya Beauty without the need for anything else to be done by Ya Beauty;

4. d) it will stop using and displaying in any manner, the Intellectual Property or anything that imitates or is deceptively similar to the Intellectual Property of Ya Beauty;

5. e) cease using any Confidential Information;

6. f) do all things necessary (including executing all documents) reasonably required by Ya Beauty and necessary or desirable to give full effect to the obligations of the Member at the end of this Agreement.

15. Products and Services

15.1 Price
The prices for services provided on the Ya Beauty website will be as set out on the website at the time you apply to purchase. Ya Beauty reserves the right to alter, update, and/or change the prices for the products or services at any time. Ya Beauty may conduct such modifications to our pricing due to changes in the exchange rate values applicable at the time. All prices are in Australian dollars unless otherwise stated and are inclusive of GST.

15.2 Purchase
You may be elect to purchase products and services of Ya Beauty. When selecting to purchase, you will be required to provide Ya Beauty with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors. By ordering an Ya Beauty product or service, you agree that Ya Beauty may charge you the price listed at the checkout screen on our website. If you have any issues with payment do not hesitate to contact Ya Beauty.

15.3 GST
Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”) have the same meaning given to them in that Act. Unless otherwise stated, any amount specified in the Terms or the website as the consideration payable for any taxable supply includes any GST payable in respect of that supply. Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with the Terms.

15.4 Refunds, Exchange and Cancellation
All refunds, product exchanges or cancellations will be made in accordance with Ya Beauty’s Refund & Exchange Policy as made available at:
www.yabeauty.com.au or as otherwise specified by Ya Beauty from time to time.

15.5 Product Availability
Due to product demands, Ya Beauty products and services may not be available at all times. If no products or services are available, Ya Beauty will contact you and inform you of our product availability and projected delivery times. Although our product may be delayed or momentarily unavailable, you agree that we may still charge your credit card and deliver the Ya Beauty products and services when they become available.

15.6 Taxes
You agree that Ya Beauty may charge you taxes such as GST for any purchases through our website and Services. If Ya Beauty fail to charge you GST you agree to pay any applicable GST or other taxes as required by your local laws and ordinances. You agree that Ya Beauty is not responsible for providing you with advice in regards to your tax liabilities.

16. PRIVACY
Ya Beauty is committed to ensuring that you can enjoy the services and products while safeguarding your private information. You must review Ya Beauty’s privacy policy (attached to these Terms and headed (“Ya Beauty Privacy Policy”) to ensure you know how you can make the best use of the services without compromising your privacy.

17. GENERAL

17.1 Amendments to Terms
Ya Beauty reserves the right to amend these Terms and its policies whenever Ya Beauty considers it necessary to do so within Ya Beauty’s reasonable discretion. If you wish to modify these Terms, you must obtain Ya Beauty’s agreement to vary the Terms in writing.

17.2 Incorporation of Policies & Rules
In accepting these Terms, you also agree:

1. a) to comply with all of Ya Beauty’s policies and rules concerning the products and that are made available for all Member from time to time; and

2. b) that a breach of these policies or rules, by you constitutes a breach of these Terms.

17.3 Assignment
You cannot assign your rights, benefits or obligations under these Terms without Ya Beauty’s prior written consent. Ya Beauty can novate or assign its rights or obligations under these terms without restriction.

17.4 Automated Access
All Automated Access is also subject to these terms. No automated software may access the site until the person responsible for the Automated Access has accepted these terms. As such, any attempt to obtain Automated Access will be bound by these terms.

17.5 Severability
If anything in these Terms is unenforceable, illegal, invalid or void then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed and the rest of these terms remain in force, unless the severance would change the underlying principal commercial purpose or effect of these terms.

17.6 Waiver and Cumulative Remedies
No failure or delay by either party in exercising any right under the terms will constitute a waiver of that right. Other than as expressly stated in the Terms, the remedies provided in the Terms are in addition to, and not exclusive of, any other remedies of a party under Laws.

17.7 Governing Law and Disputes
You agree that the Terms are governed by the Laws of the State of New South Wales, Australia and that the offer and acceptance of the terms is deemed to have occurred in Victoria, Australia. You also agree that disputes must be resolved in the courts of that jurisdiction. You agree that you will not be involved in an action as a class member in a class action and that all disputes must be pursued in your own name only. You waive your respective rights to seek or be involved in any class action under these terms or concerning any aspect of the Ya Beauty Membership, products or services. You further agree that any proceeding taken by you other than in accordance with this clause 17.7 may result in Ya Beauty filing to have the proceeding dismissed and that you will be responsible for all reasonable legal costs, court fees and disbursements in doing so.

17.8 Electronic Communications
The communications between you and Ya Beauty use electronic means, whether you visit the Ya Beauty website or Services or send Ya Beauty e-mails, or whether Ya Beauty posts notices on the website or as part of its services or communications with you via e-mail. You hereby consent to receive communications from Ya Beauty in an electronic form and agree that all terms, conditions, agreements, notices, disclosures, and other communications that Ya Beauty provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

17.9 Entire Agreement
The terms and any of Ya Beauty’s policies or rules concerning Membership, its products and services, together with any of the other documents specifically referred to or incorporated in these terms by specific reference constitute the entire agreement between the parties and supersede all prior understandings and agreements concerning its subject matter. If the terms, or Ya Beauty’s policies or rules are amended by Ya Beauty, the newer version of those documents will then supersede the prior version.