Website Terms of Use
Your use of this website at https://facebyr.com.au is subject to these Website Terms of Use. By accessing and using the Site, including by ordering any Products through this Site, you confirm your acceptance of these Website Terms of Use and agree to be bound by them. If you do not agree to these Website Terms of Use, you must immediately exit and cease use of the Site.
The sale of any Products through this Site is subject to our Terms for Supply.
1. Definitions
In these Website Terms of Use:
"Associate" has the meaning given in the Corporations Act 2001 (Cth).
"Australian Consumer Law" means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
"Consequential Loss" includes without limitation loss of profits, loss of revenue, loss of data, lost production, loss of business, loss of the benefit of any contract or other agreement or arrangement, losses which do not arise naturally from a breach of contract in the usual course, damage to reputation, damage to property, downtime costs and legal costs.
"Intellectual Property Rights" means all industrial and intellectual property rights throughout the world including all rights in association with copyright, trade marks (whether registered or not), patents, patent applications, eligible circuit layouts, moral rights, service marks, trade names, registered designs, unregistered design rights, know how, trade secrets, domain names, internet addresses and confidential information.
"Products" are any goods offered for sale on this Site, or supplied or promoted by us.
"We", "us" and "our" are references to Rah Enterprises Group Pty Ltd ACN 646 114 034.
2 Restrictions on Use
You agree that when accessing the Site you will not data scrape the Site either manually or by use of a web spider, web robot or any other web crawling or other technology.
You must not introduce to this Site any viruses, bugs, defects, corrupting programs, Trojan horses or other material that may be technologically harmful or malicious.
You must not use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person's use of the Site.
You must not attempt to obtain unauthorised access to any part of the Site, or to our servers or any hardware supporting the Site.
You must not attempt to:
(a) reconfigure the Site in any way; or
(b) modify, reverse engineer, disassemble, decompile, copy or cause unintended effect to any part of the Site or any software used on the Site.
You must not use this Site for any illegal purpose. Without limitation you must not:
(c) access any data unlawfully or without consent;
(d) attempt to probe, scan or test the vulnerability of a system or network or to circumvent or breach any security or authentication measures;
(e) attempt to interfere with service to any user, host or network, including without limitation via means of overloading, "flooding", "mail bombing" or "crashing"; or
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Details of offences committed by Site users under Australian law may be reported to the relevant law enforcement authorities.
You must comply with any acceptable use policy we publish on this Site.
3 Use of Information
All information provided by us on this Site or in respect of any Products is provided by us as general information and is not in the nature of advice. We reserve the right to update or otherwise change this information at any time.
We do not make any representations, or provide any warranties, that any information we provide is reliable, up-to-date, accurate, complete or suitable for any particular purpose.
You use and rely on any information provided on this Site, or that we otherise provide in respect of any Products, at your own risk.
4 Accounts and Passwords
Access to certain services on the Site may require registration and the creation of an account. You must ensure that the details you provide us upon registration or at any time are complete and accurate, and you must inform us immediately of any changes to the details you provided when registering.
You may not create an account for any person other than yourself. You must not create a false identity or misrepresent an affiliation with another person or entity.
You may not create an account unless you are at least 18 years of age.
When you register for an account, you will be asked to create a password. You will be responsible for maintaining the confidentiality of your account details and password, and for restricting access to your computer or device to prevent unauthorised access to your account. You agree to promptly notify us if you have reason to believe that your account details or password have been lost, or if they are likely to be used in an unauthorised manner. You are responsible for all activities that occur under your account.
We reserve the right to suspend or terminate your access to an account or this Site at any time, for any reason, without prior notification.
5 Intellectual Property Rights
Copyright and other Intellectual Property Rights subsisting in or in relation to the Site (including text, graphics, photographs, logos, designs and software) is owned or licensed by us.
The trade marks "FACE BY R" and "MY SKIN COACH", and the other trade marks and logos used with respect to our Products, are our property.
You are granted a non-exclusive licence to access, view, download and print the content of this Site for personal use only. Subject to the grant of this licence, your use of the Site grants you no rights in relation to our Intellectual Property Rights or the Intellectual Property Rights of any third parties. All such rights not expressly granted are reserved.
Subject to the non-exclusive licence expressly granted to you under these Website Terms of Use and the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, you must not without our written permission:
(a) use any of our trade marks;
(b) adapt, reproduce, store, print, distribute, republish, broadcast or create derivative works from any part of the Site or any content downloaded from the Site; or
(c) commercialise any information or content obtained from the Site.
You agree that you will not change or delete any Intellectual Property Rights ownership notices from any materials downloaded from this Site.
6 Contributions
If you submit or post any reviews, comments, feedback, ideas, suggestions, content or materials on this Site or on any of our social media pages (collectively "Contributions") you must comply with the following Contributions standards.
Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with all applicable laws.
Contributions must not:
(a) contain any material which is defamatory of any person, obscene, hateful or inflammatory;
(b) promote discrimination based on race, sex, religion, nationality, ethnicity, disability, sexual orientation or age;
(c) carry out, advocate, promote or assist any illegal act, including but not limited to violence, computer misuse or the infringement of the intellectual property rights of any other person;
(d) be made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence;
(e) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
(f) be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
(g) give the impression that they emanate from us when that is not the case.
Any Contributions will be and will remain our property. By making a Contribution you assign to us all worldwide rights, title and interest in all Intellectual Property Rights in your Contributions. We will own exclusively all rights, title and interest in any Contributions and will not be limited in any way as to the use, commercial or otherwise, of any Contributions. If requested by us at any time you will sign all documents required to effect, perfect or register the Intellectual Property Rights assignment referred to in this clause.
7 Security
You acknowledge and agree that you make any Contributions, and transmit any information (including credit card details) via this Site, at your sole risk. No data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us.
8 Links
You may not produce links to this Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our written consent.
If you do create a link to this Site (whether with our consent or in breach of these Website Terms of Use), you do so at your own risk. The exclusions, disclaimers, limitations and indemnities set out in these Website Terms of Use will apply to your linking to our Site and the consequences and actions resulting from the linking.
This Site may contain links to third party websites ("Linked Websites"). We take no responsibility for the content or privacy practices of any Linked Websites. We do not control or guarantee the accuracy, relevant, timeliness or completion of any information on Linked Websites. We provide no warranties or guarantees in relation to the accessibility, function or security of any Linked Websites. The inclusion of any link does not imply reliability and endorsement by use of the content of any Linked Websites or any third party's goods or services. Your access and use any Linked Websites is solely at your own risk. You release us from any and all liability arising from your access or use of any Linked Website.
9 Liability
Access to and use of this Site is at the user's own risk.
We do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We do not represent or warrant that the Site will be error-free or free from viruses, faults, defects or other harmful elements or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or though the Site by any party. It is recommend that you take all appropriate safeguards (such as installing appropriate anti-virus software and firewalls) before downloading any content from this Site.
We do not warrant or represent that your access to the Site will be uninterrupted, timely or secure.
To the maximum extent permitted by law, neither we, nor any of our Associates, will be liable for any direct, indirect or Consequential Loss resulting from your access to the Site or any action taken or reliance by you on any information provided on this Site or in respect of any Products (including through negligence).
If the Australian Consumer Law or any other law implies a guarantee, condition or warranty into these Website Terms of Use which cannot be excluded by law, our liability for any breach of such guarantee, condition or warranty will be, to the maximum extent permitted, either limited to the replacement or supply of equivalent goods or services, or the payment of the cost of having the goods or services re-supplied.
Nothing in these Website Terms of Use excludes any liability under the Australian Consumer Law, or any other applicable consumer law, that cannot be excluded by law.
10 Indemnity
You must continually indemnify us and our Associates, jointly and severally, against any claim or proceeding that is made, threatened or commenced and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) suffered or incurred as a direct or indirect result of your breach of these Website Terms of Use, your use of or access to the Site, your breach of any third party's Intellectual Property Rights or any wilful, unlawful or negligent act or omission by you.
11 Our Rights
We may suspend or terminate your access to the Site at any time for any reason without providing prior notice to you, including without limitation as a result of any suspected breach by you of these Website Terms of Use or during any technical failure, modification or maintenance affecting the Site.
Without notice to you we may remove, amend or alter any material, data or Contributions on the Site for any reason.
12 Variation to Website Terms of Use
We may vary these Website Terms of Use at any time by publishing the varied Website Terms of Use on this Site. By continuing to access or use this Site, you accept these Website Terms of Use as varied from time to time.
13 General
These Website Terms of Use are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia, and courts entitled to hear appeals from the courts of Queensland, Australia.
The Site is managed from Queensland, Australia. We make no representations that the content and materials on the Site are appropriate for use in other locations.
Any provision in these Website Terms of Use that is illegal, void or unenforceable in a jurisdiction will as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, without invalidating the remaining provisions of these Website Terms of Use or affecting the validity or enforceability of that provision in another jurisdiction.
If we waive any rights we have under these Website Terms of Use as a result of your breach, it will not operate as a waiver of any future breaches.
Last updated [05/02/2021] February 2021
Terms for Supply
These terms and conditions apply to the supply of our Products, including any Products ordered from this Site. By ordering any Products from us you agree to be bound by the conditions as set out in this Agreement.
1 Definitions
In this Agreement, unless the context indicates otherwise:
"Agreement" means the agreement constituted by the terms and conditions set out in this document made between you and us, and includes any variation to this Agreement.
"Associate" has the meaning given in the Corporations Act 2001 (Cth).
"Australian Consumer Law" means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth).
"Consequential Loss" includes without limitation loss of profits, loss of revenue, loss of data, lost production, loss of business, loss of the benefit of any contract or other agreement or arrangement, losses which do not arise naturally from a breach of contract in the usual course, damage to reputation, damage to property, downtime costs and legal costs.
"GST" means goods and services tax under the GST Act and any expression used that is defined in the GST Act has that defined meaning in this Agreement (unless the context indicates otherwise).
"GST Act" means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any associated legislation.
"Products" are any goods or services (including gift cards) offered for sale on the Site, or otherwise supplied or promoted by us.
"Site" means the Site at https://facebyr.com.au/.
"We", "us" and "our" are references to Rah Enterprises Group Pty Ltd ACN 646 114 034.
"You" and "your" are references to either a user of the Site or a purchaser or prospective purchaser of Products.
2 Conditions for Ordering
If you order any Products, you:
(a) warrant and represent that you are at least 18 years of age;
(b) warrant, represent and agree that you will only purchase the Products for private domestic use; and
(c) warrant, represent and agree that you will not re-sell or otherwise re-supply any Products.
3 Ordering
You may place an order with us in one of the following ways:
(a) by placing the order directly through the Site; or
(b) by telephone or email.
If you place an order with us by telephone or email, we will send you a copy of this Agreement by email and you must confirm your agreement to these terms and conditions by return email before we will despatch your order.
Subject to clause 3.2 and 3.5, if you order Products, we will send an email message, which will confirm the:
(c) description and number of the Products ordered;
(d) order identification number;
(e) delivery address; and
(f) price of the Products (including GST and delivery).
Some of the Products may not be available at the time of your order. If we do not have the Products you order in stock, we may (but are not bound to) offer you alternatives before we dispatch your order. If this happens we will telephone you or email you and you may, by telephone or email:
(g) accept the alternatives we offer;
(h) cancel your order; or
(i) continue with the order, but tell us by email to omit the out-of-stock item.
We are not bound to supply any Products in the quantities ordered, or at all. If we do not accept your order, we will inform you of this and any payment taken will be refunded (or any pending payment will be released).
Our acceptance of your order will take place when we dispatch the Products you have ordered from our warehouse. Please note that the processing of your payment (or placing a pending payment on your account) and confirmation of your order does not constitute acceptance of your order.
Despite any email or other order confirmation we provide to you, we are not bound by any anticipated delivery date we provide.
4 Price and Payment
All prices stated on the Site are in Australian dollars and are inclusive of GST. The prices for delivery will be shown on checkout. We may also require you to pay merchant fees for credit card transactions.
We take reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 4.5 for what happens if we discover an error in the price of the Product you order or in any promotional discount applied to the order.
Our prices may change at any time, but price changes will not affect orders that we have confirmed.
You must pay us the full price of your order before we will send any part of it.
It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced or promotional discounts may be incorrectly applied. Where a Product's correct price (less any promotional discount) at your order date is less than our stated price at your order date, we may choose to charge the lower amount. If the Product's correct price (less any promotional discount) at your order date is higher than the price stated to you, we will contact you for instructions before we accept your order.
You must make payment for Products by credit or debit card or, if using Paypal, another method accepted by Paypal. We will take payment from you when we despatch the Products however we may place a pending payment on your account (including your Paypal account) when you place your order. Taking payment or placing a pending payment on your account does not constitute acceptance of your order.
5 Delivery
Ownership and risk in the Products will pass to you from the moment they are despatched from our warehouse by us.
Products will be despatched to the address stipulated in your order. You are responsible for ensuring that someone is present to accept delivery. We recommended that you provide your work address for delivery if you won't be home during business hours. If after a failed delivery attempt you do not re-arrange delivery or collect your Products from a delivery depot, we may charge you for any reasonable storage costs and any further delivery costs. We may also choose to end our contract for the supply of the Products and refund the price you paid less our delivery costs.
We may choose to despatch Products in instalments if not all of the Products you order are available at the same time for delivery. We will not impose extra delivery charges in these circumstances.
Please check your order upon delivery. If there is any discrepancy or if any of the Products are damaged, please contact us as soon as possible. If we deliver a Product that you didn't order, we will ask you to return the Product to us in unused condition and in its original packaging which should be undamaged. We will pay the cost of postage for such returns so please contact us to obtain a returns label. You should inform us within 7 days of delivery if there is a discrepancy with your order of if you consider that any Products are damaged, otherwise the Products will be deemed to have been correctly delivered, free from damage. This will be without prejudice to any damage or default you could not have discovered on reasonable inspection of the Products.
6 Gift cards
Gift cards are only redeemable for Products and may not be used to purchase further gift cards or exchanged for cash.
After making a purchase with a gift card, no change will be provided, but any remaining balance may be applied to future purchases.
Gift cards will expire 36 months from the date of purchase. At expiry, any remaining balance will be lost.
Please protect your gift card and treat it as if it is cash. We will not replace any gift cards that are lost or stolen.
7 Promotions
The terms set out in this clause apply to all of our offers and promotions and you should read these along with the terms of the specific offer. Where a specific offer says something different to this clause, the terms of the specific offer will apply.
No promotion, discount or promotional code that we make available for redemption may be used in conjunction with another offer or used to purchase gift cards.
Only one promotional code can be used per order.
A promotional code cannot be applied to an order after it has been placed.
Discounts do not apply to delivery charges unless expressly stated.
Where you receive a refund for a Product for any reason, the refund will be for the price paid, taking into account the offer or any promotional discount.
8 Refunds and Returns Policy
In some circumstances you may have a legal right to obtain a replacement Product or obtain a refund, for example, where the Australian Consumer Law applies, pursuant to one of the consumer guarantees under the Australian Consumer Law. If you do have a right to a replacement or refund, please tell us within seven (7) days of becoming aware of the issue.
We will not accept returns of Products, provide a refund, or exchange Products if you simply change your mind.
9 Disclaimer
Except for losses attributable to breaches of the consumer guarantees in the Australian Consumer Law, neither we, nor our Associates, accept any liability for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may incur or suffer in connection with:
(a) any Products;
(b) any failure or delay in the delivery of Products; or
(c) damage, loss or theft of Products at any time after they are despatched by us for delivery.
Nothing in this Agreement affects your rights under the Australian Consumer Law, however to the extent we may limit our liability under the Australian Consumer Law, our liability is so limited.
10 Events Outside Our Control
We are not responsible for delays outside our control. If our supply of Products is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is likely to be a substantial delay you may contact us and cancel your order and receive a refund for any Products you have paid for but not received.
11 Dispute Resolution
The parties to this Agreement must use reasonable endeavours acting in good faith to resolve any dispute arising in connection with the Products or this Agreement ("Dispute") as soon as reasonably possible and in accordance with this clause.
If the parties cannot resolve a Dispute within fourteen (14) days after a party notifies the other party that a Dispute has arisen and describing the Dispute, either party may by giving notice to the other refer the Dispute to mediation by a Queensland Law Society ("QLS") approved mediator who is:
(a) agreed by the parties, or
(b) failing the parties' agreement appointed by the President of the QLS (on the application of either party),
on the basis that:
(c) the mediation will take place in Brisbane, Queensland, Australia unless the parties agree otherwise; and
(d) the costs of the mediator will be shared equally by the parties.
If the Dispute is not resolved within thirty (30) days of its referral to mediation, a party may commence proceedings in any court of competent jurisdiction.
Except where urgent interim or preliminary relief from a court of competent jurisdiction is being sought, no party may commence proceedings in any court seeking resolution of a Dispute until the provisions of this clause have been complied with.
12 General
Any provision of this Agreement which is illegal, void or unenforceable in a jurisdiction will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in another jurisdiction.
If we waive any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on another occasion.
This Agreement represents the entire agreement between the parties and supersedes and prior agreements, arrangements or understandings.
This Agreement is governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia, and those courts entitled to hear appeals from the courts of Queensland, Australia.
Last updated [05/02/2021] February 2021