Terms & Conditions

1. Introduction to the Naked Tan website and your agreement to these Terms of Use

1.1 Welcome to www.nakedtan.com.au (this “Website”). This Website is owned and operated by Naked Tan Pty Ltd an Australian incorporated company with ACN 131 872 403 and with a registered address at shop 1- 221 Crown St Wollongong NSW 2500 Australia (“us”, “we” or “Naked Tan”). Naked Tan provides spray tan solutions, tanning supplies and products (the “Services” and/or “Products”). We are committed to providing you with an excellent user experience. In order to provide this Website and our Service to you, you must agree to be bound by these terms and conditions of use (this Terms of Use”).

1.2 These Terms of Use are deemed to incorporate this Website’s privacy policy (the “Privacy Policy”) and if you have ordered Products from the Website, our standard supply terms (the “Supply Terms”), which are available on this Website and which you should read together with these Terms of Use. The provisions of the Privacy Policy and the Supply Terms apply as if set out in full in these Terms of Use.

1.3 These Terms of Use govern your access to and use of this Website, including any: (i) software, database, information, content or materials (such as life cycle inventory data) that are located on, form part of or available through or in connection with this Website (the “Website Material”); and (ii) Services provided through or in connection with this Website, including ordering Products via the Website. By accessing or using this Website you are deemed to agree to these Terms of Use. If you do not agree to these Terms Use, you must immediately exit and not access or use this Website.

2. Changes to these Terms of Use

Naked Tan may from time to time (with or without notice to you) amend or update these Terms of Use at its sole discretion. Accordingly, you should ensure that you regularly review them. The Terms of Use applicable to your access to and use of this Website is the current version displayed on this Website at the time you access or use this Website. By continuing to access or use this Website after such changes, you are deemed to agree to be bound by such changes.

3. Different types of Users

3.1 Subject to these Terms of Use, any person may access or use this Website via the internet without registering with or disclosing any personally identifying information to Naked Tan (an “Unregistered User”).

3.2 To make full use of certain functionality of this Website, you will need to register with Naked Tan (a “Registered User”).

3.3 Naked Tan may refuse any request for registration. Unregistered Users and Registered Users are referred to collectively in these Terms of Use as “Users”. Naked Tan may make varying levels of functionality available to different Users, depending on whether they are Unregistered Users or Registered Users, and depending also on the type of registration.

4. Registration

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

Naked Tan grants you a revocable, non-exclusive, non-transferable, non-sublicensable, personal licence to download and use the Website Material solely in accordance with these Terms of Use.

6. Intellectual Property Rights

All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out this Website, the Website Material or the Services are owned by and vest in Naked Tan (or its licensors). You acknowledge and agree these Terms of Use do not transfer any right, title or interest in Naked Tan’s (or its licensors’) intellectual property rights to you.

7. Submitted Materials

7.1 This Website may allow Users to submit or post information, content and materials (“User Material”) to this Website and/or Naked Tan, for access and use by other Users and/or Naked Tan. (References in these Terms of Use to “User Material” do not include any User Registration Information, which is treated separately to User Material.) Naked Tan does not systematically review User Material submitted by Users and is not responsible for the form or content of any User Material

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

Naked Tan may (with or without notice to you) modify, restrict, prevent or withdraw your access to or use of this Website for any reason whatsoever or for no reason, including where Naked Tan believes that you are in breach of these Terms of Use.

11. Indemnity by you

You must indemnify and hold harmless Naked Tan (and its officers, employees and representatives) against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by Naked Tan (or its officers, employees and representatives) as a result of your breach of these Terms of Use or any violation by you of any laws or the rights of any person.

12. Other websites

Naked Tan is not responsible for the policies and practices of internet websites operated by persons other than Naked Tan, even if: (i) you access them using links on this Website; or (ii) are directed or link to this Website using links on such websites, and recommends that you carefully review the terms and conditions of use and privacy policy of every internet website you access or use.

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.

16. General

16.1 Force majeure: Naked Tan will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of this Website, the Website Material or the Services or any delay or other failure by Naked Tan to comply with these Terms of Use that is caused by or arises from any event or circumstances beyond Naked Tan’s control.

16.2 Assignment: You must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of Use. Naked Tan may assign, transfer, sub-contract or otherwise dispose of any or all of Naked Tan’s rights and/or obligations under these Terms of Use.

17. Entire agreement: These Terms of Use, together with any additional terms and conditions or usage rules set out on this Website from time to time, constitutes the whole agreement between you and Naked Tan relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

17.1 Rights cumulative: The rights, powers, privileges and remedies provided under any provision of these Terms of Use are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms of Use or by applicable law or otherwise.

17.2 Waiver: No failure to exercise nor any delay in exercising by Naked Tan of any right, power, privilege or remedy under these Terms of use shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.

17.3 Invalidity: If any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforce ability of the remainder of these Terms of Use in that jurisdiction shall not be affected, and the legality, validity and enforce ability of the whole of these Terms of Use in any other jurisdiction shall not be affected.

17.4 Governing law: These Terms of Use shall be governed by, and construed in accordance with, the laws of New South Wales. You are deemed to submit to the non-exclusive jurisdiction of the courts of New South Wales.

17.5 Interpretation: In these Terms of Use, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms of Use.

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

All correspondence to Naked Tan, including any queries you may have regarding this Website or these Terms of Use, should be sent to:

Email:
info@nakedtan.com.au

Address:
Naked Tan Head Office
Shop 1- 221 Crown St
Wollongong NSW 2500
Australia

Phone:
Toll Free: 1300 365 683
International +61 2 9313 5999
Fax: +61 2 9693 5395

Last edited 17/04/2016