3. Different types of Users
3.2 To make full use of certain functionality of this Website, you will need to register with Naked Tan (a “Registered User”).
If you wish to become a Registered User, you must provide Naked Tan with certain true and correct information about yourself (the “User Registration Information”), as requested by the relevant registration page on this Website. Information requested may include your: email address; name; title; date of birth; home address; country of residence; telephone number; employer / organisation name; office address; payment details; and billing address. You must promptly notify and update Naked Tan if any of your User Registration Information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to Naked Tan contacting you via such means.
5. Use of the Website Material
6. Intellectual Property Rights
7. Submitted Materials
7.2 If you choose to submit or post User Material, you must own or have the right to submit or post that User Material and it must not: (i) infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including Naked Tan and its representatives) or to misrepresent your identity or affiliation with any person; (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate; or (v) advertise any product or service or solicit any business.
7.3 You agree that Naked Tan may: (i) edit or delete your User Material; (ii) link your User Material to other material, including User Material submitted by other Users or material created by Naked Tan and/or other third parties; (iii) use your User Material for its business purposes, including to promote, market or advertise this Website and Naked Tan; and (iv) directly or indirectly commercially benefit from your User Material.
7.4 Naked Tan does not claim any ownership rights in your User Material, however, by submitting User Material you are deemed to grant Naked Tan an irrevocable, perpetual, nonexclusive, royalty-free, transferable, sublicensable, worldwide license to download, use, modify, distribute, copy, reproduce in a material form, publish, perform or cause to be heard or seen in public, communicate to the public, make an adaptation of, enter into a commercial rental arrangement in respect of that User Material.
8. Prohibited activities
You must not submit, post, upload, email or otherwise send or transmit to this Website, Naked Tan or any User anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Website. You must not interfere with this Website or the servers or networks underlying or connected to this Website or violate any of the procedures, policies or regulations of this Website or any networks connected to this Website. You must not impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.
9. Confidentiality of user name and password
If you are a Registered User, you must not disclose your login user name or password for this Website to any other person. If such disclosure has or you believe that such disclosure may have occurred (whether intentionally or accidentally), then you must immediately inform Naked Tan. To the extent that the functionality of this Website does not already require Users to do so, you must change your password regularly.
10. Cessation of services
11. Indemnity by you
12. Other websites
13. Changes to this Website
Naked Tan may (with or without notice to you) make changes to this Website, the Website Material and the Services.
14. Limitation of Liability
14.1 Subject to statutory rights: The exclusions and limitations on liability in these terms and conditions, including this clause 14, do not apply to any liability to the extent that the same may not be excluded or limited as a matter of law and this clause 14 is subject always to clause 15.
14.2 Accuracy of this Website: This Website, the Website Materials and the Services are provided on an “as is” basis and Naked Tan makes no representations, warranties or undertakings with respect to this Website, the Website Material or the Services, including as to the currency, accuracy or completeness of this Website, the Website Material or the Services.
14.3 Availability of this Website: This Website, the Website Material and the Services and the Products are provided on an “as available” basis and Naked Tan shall not be liable if this Website, the Website Material or the Services are unavailable for any period. Naked Tan may (with or without notice to you) temporarily suspend access to this Website, the Website Material and/or the Services or indefinitely close down this Website at any time. Naked Tan does not represent, warrant or undertake that this Website, the Website Material or the Services will be error, defect, “bug” or “virus” free.
14.4 Liability cap: Our liability for any claim, action, proceeding or dispute, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, under or in connection with these terms and conditions, is limited to: (i) in the case of a supply of goods, us doing any one or more of the following (at our election): replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or, paying the cost of having the goods repaired; and (ii) in the case of a supply of services, us doing either or both of the following (at our election): supplying the services again; or, paying the cost of having the services supplied again.
14.5 Liability cap: If, notwithstanding the above, we are liable to any person, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, under or in connection with these terms and conditions, then our liability is limited in aggregate to the purchase price paid for our Product or Services the subject of the relevant claim, action, proceeding or dispute.
14.6 Special damages: In no circumstances are we liable to any person, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, under or in connection with these terms and conditions, for any special, indirect or consequential loss, even if you advise us of any special circumstances, or for any loss of profits, loss of sales, loss of business or agreements, loss of goodwill, loss of or wasted management of staff time or loss of anticipated savings.
15. Your Statutory Rights
15.1 To the fullest extent permitted by applicable law, we exclude all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law,statute or otherwise) and the application or availability of any statutory rights (including any statutory guarantees that the Website, the Website Material and any Services or Products supplied under these terms and conditions are of satisfactory quality or fit for their purpose).
15.2 Nothing in this Agreement is intended to exclude, restrict or modify any rights that you may have under the Competition and Consumer Act 2010 (Cth) (the “CCA”) or any other applicable legislation which may not be excluded, restricted or modified by agreement.
15.3 If the CCA or any other applicable legislation provides you with any non-excludable statutory rights (including any implied representations, warranties, terms or conditions or any statutory guarantees) in respect of any goods or services supplied under these terms and conditions, then the exclusions of and limitations on our liability in these terms and conditions do not apply in respect of such non-excludable statutory rights, however, where our liability with respect to such non-excludable statutory rights may be restricted or modified, then, without prejudice to any non-excludable statutory rights that you may have which may not be restricted or modified by agreement, our liability is limited in the manner set out in clause 14.2.
18. Salon Locator
To be listed on Naked Tan’s Salon Locator as a Naked Tan stockist, your business must qualify to below criteria:
– You must be a registered business (Beauty Spa, Beauty Salon, Mobile Tanner, Home based) and able to provide Naked Tan with your business ABN
– Your business must have purchased for $412 (inc GST) worth of Naked Tan stock within the previous 6 month period
If purchasing from Naked Tan head office, your business will be automatically added to Naked Tan’s salon locator for a period of 6 months if above criteria are met.
If purchasing from a Wholesaler, you will need to provide Naked Tan with your latest wholesalers invoices. If criteria are met, your salon will be added to Naked Tan’s salon locator for a period of 6 months. You will be required to provide new proof of purchase at the end of the 6 months period.
Disclaimer: Results may vary from person to person
19. Contacting Naked Tan
Naked Tan Head Office
Shop 1- 221 Crown St
Wollongong NSW 2500
Toll Free: 1300 365 683
International +61 2 9313 5999
Fax: +61 2 9693 5395
Last edited 17/04/2016