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Arbonne International Terms and Conditions
(Last revised on: 1 September 2012)
1. This Agreement sets forth the legal terms and conditions for your use of the website www.arbonneinternational.co.uk or any other website supervised by Arbonne Europe Sàrl in the United Kingdom (the "Websites") and for your purchase and/or use of any Arbonne goods or services in the United Kingdom. The Websites are owned and created by Arbonne International, LLC and supervised by Arbonne Europe Sàrl (hereinafter "Arbonne," "We" or "Us").
WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE GOODS AND SERVICES PROVIDED ON THE WEBSITES AT ANY TIME. BY CONTINUING TO USE THE WEBSITES OR PURCHASE GOODS OR SERVICES FROM ARBONNE AFTER POSTING OF SUCH CHANGES ONLINE, YOU AGREE TO BE BOUND BY SUCH CHANGES.
We aim to update our Website regularly, and may change the content at any time. If the need arises, We may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
Access to our Website is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
This service is provided "as is." You may rely on this service solely at your own risk. advice, opinions and statements should not be relied upon when making important personal, medical, legal or financial decisions. You should consult a professional to obtain specific advice appropriate to your circumstances. We do not warrant that this service will be uninterrupted or error-free, and there may be delays, omissions, interruptions and inaccuracies in the information or other materials that are available on or through this service. You assume full responsibility and risk of loss, including loss of data, resulting from your downloading and/or use of our Website or this service. Although we intend to take reasonable steps to prevent the introduction of viruses and other destructive materials to this service, we do not guarantee or warrant that this service or materials that may be downloaded from this service do not contain such destructive features. We are not liable for any damages or harm attributable to the foregoing.
From time to time, We may restrict access to some parts of our Website, or our entire Website, to users who have registered with Us.
2. Eligibility. You agree to provide Us with complete and current registration information. Persons under 16 are prohibited from providing personal information on our Websites. If you are under 18, you may only use our Websites with the supervision of a parent or guardian 18 years of age or older. Unless otherwise specified, the materials in the Websites are presented solely for the purpose of promoting products available in the United Kingdom. Arbonne makes no representation that materials contained in the Websites are appropriate or available for use in other locations. Those who choose to access the Websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Arbonne products ordered from the Websites cannot be shipped into another country outside of the United Kingdom. Purchase and/or use of any Arbonne goods or services outside of the United Kingdom are governed by the Terms and Conditions of use and other policies contained on the websites specific to each country where they are available.
3. Arbonne Independent Consultants. Arbonne products are sold through Arbonne's network of Independent Consultants, who are each independent distributors of Arbonne's products and services. Online shopping is fulfilled and sold directly by Arbonne in connection with an Arbonne Independent Consultant. To purchase Arbonne's goods or services, you do not have to become an Independent Consultant. If, however, you are interested in becoming an Arbonne Independent Consultant in the United Kingdom, please click here to register and fill out your Arbonne Independent Consultant Application & Agreement. You must be at least 18 years of age to become an Arbonne Independent Consultant.
4. Independent Consultant Websites. Arbonne Independent Consultants may have their own Internet websites, only as part of the MyArbonne.co.uk program. It is the sole responsibility of each Arbonne Internet Independent Consultant to ensure that its website content is accurate and that it fully complies with all Arbonne rules, policies and procedures, including without limitation, all applicable UK statutory laws and regulations. We do not review these websites. ARBONNE DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATED IN ANY WAY TO ARBONNE INDEPENDENT CONSULTANT WEBSITES. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING INDEPENDENT CONSULTANT WEBSITES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE. YOU SHOULD NOT RELY ON ANY REPRESENTATIONS OR WARRANTIES CONTAINED ON ANY INDEPENDENT CONSULTANT WEBSITE.
5. Testimonials. The testimonials may reflect the actual experience of each individual, are anecdotal only, and may be atypical. We do not review or endorse these testimonials.
6. Online Purchases.
When you register your account online with Arbonne, you will receive an Arbonne identification number (Arbonne ID). Arbonne Independent Consultants, as well as Preferred Clients and Clients who wish to access account information online will also receive a PIN. Please keep your Arbonne ID and PIN secret. You are entirely responsible for any activity under your Arbonne ID. You must promptly notify Arbonne of any actual or attempted unauthorized use of your Arbonne ID.
7. Client Product Guarantee Policy.A forty-five (45) day money-back guarantee is offered on all Arbonne Products. Clients who are not completely satisfied may return products to their Arbonne Independent Consultant for a replacement or full refund within forty-five (45) days from the client purchase date (not including shipping charges). Online client purchases may be returned directly to Arbonne for replacement or full refund within forty-five (45) days from the client purchase date (not including shipping charges). A signed and fully completed Product Return Form must accompany a product return. Please allow four (4) to six (6) weeks for processing. Promotional products and gift items may not be available for replacement, and may, at Arbonne's discretion be exchanged for an item of equal value.
Except as noted in paragraph eight (8) below: (1) the Websites may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, modified, or otherwise, or in any way exploited for personal gain; (2) you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Websites or any Content or components that are available on the Websites; and (3) you may not make commercial use of these pages and/or any other webpage or service provided by Arbonne, including redistribution or copying by means; EXCEPT with the prior, express written permission of Arbonne.
You agree not to interfere or take action that results in interference with or disruption of the Websites or servers or networks connected to the Websites. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites. You may not post, transmit or distribute to or from the Websites any material that is defamatory, libelous, obscene, threatening, harassing, abusive, in violation of applicable law, or that inhibits others from enjoying this service.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
9. Copyright Permission.Permission is granted for viewing these pages on the Internet, subject to the terms and conditions of this Agreement. In addition, Arbonne Independent Consultants are hereby granted permission to download product and botanical images. People or model images cannot be downloaded or copied due to copyright laws. Copy downloaded or taken from Arbonne literature must be used exactly as printed or written. Changing a word or two may change the real meaning or definition. In the event that information is downloaded from the Websites, the information, including any Content, data or files incorporated in or generated by the Websites are owned by Arbonne and Arbonne retains complete title to the information and all property rights therein. All other rights reserved.
10. Trademarks.All Content, product names, trademarks, service marks and logos on the Websites, unless otherwise noted, are wholly owned or validly licensed by Arbonne. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
11. Idea Submissions.If you submit any ideas, suggestions or testimonials to Arbonne, We have the right to use your submission without charge in any manner that We deem appropriate, including posting on the Internet. You may only post ideas and material to the Websites if you have obtained appropriate copyright and other permission to post such materials and to permit Arbonne to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
13. Anti-Spam Policy.Arbonne strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending ten or more messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. Arbonne also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Arbonne, and/or its products and services. Arbonne prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
IF YOU OR ANYONE YOU KNOW IS "SPAMMED" BY SOMEONE WHO IS SELLING OR DESCRIBING ARBONNE'S PRODUCTS OR SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.
14. DISCLAIMER.ARBONNE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO ARBONNE'S PRODUCTS AND SERVICES, THIS WEBSITE, INFORMATION CONTAINED ON THE WEBSITE, THE MYARBONNE.COM PROGRAM OR THE ARBONNE OPPORTUNITY (COLLECTIVELY HEREAFTER, "SERVICE").
THIS SERVICE IS PROVIDED "AS IS." YOU MAY RELY ON THIS SERVICE SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THIS WEBSITE OR THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING INDEPENDENT CONSULTANT WEBSITES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE. YOU SHOULD NOT RELY ON ANY REPRESENTATIONS OR WARRANTIES CONTAINED ON ANY INDEPENDENT CONSULTANT WEBSITE.
THE FINAL SUCCESS OR FAILURE OF ANY ARBONNE INDEPENDENT CONSULTANT DEPENDS UPON HIS OR HER INDIVIDUAL EFFORT. THERE ARE NO GUARANTEES OR PROJECTIONS OF ACTUAL EARNINGS. IT IS ILLEGAL FOR A PROMOTER OR A PARTICIPANT IN A TRADING SCHEME TO PERSUADE ANYONE TO MAKE A PAYMENT BY PROMISING BENEFITS FROM GETTING OTHERS TO JOIN A SCHEME. DO NOT BE MISLED BY CLAIMS THAT HIGH EARNINGS ARE EASILY ACHIEVED.
15. LIMITED LIABILITY. YOU AGREE THAT ARBONNE, ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES , ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THIS SERVICE, BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THIS WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER, OR INFORMATION, YOUR PARTICIPATION AS AN ARBONNE INDEPENDENT CONSULTANT, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. THIS DOES NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ARBONNE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION, REGARDING COMPATIBILITY, OR USEFULNESS WITH RESPECT TO ARBONNE'S PRODUCTS AND SERVICES, ITS WEBSITE, INFORMATION CONTAINED ON THE WEBSITE, THE MYARBONNE.COM PROGRAM OR THE ARBONNE OPPORTUNITY.
YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
16. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ARBONNE, ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS SERVICE, SALE OR INFORMATION REGARDING ARBONNE PRODUCTS, THE ARBONNE OPPORTUNITY, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON'S USE OR ACCESS TO THIS SERVICE BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.
17. Resolution of Disputes. All disputes and claims relating to Arbonne, or its past or present related entities, officers, directors, employees, investors, distributors or vendors, its marketing and compensation plan, its products, the rights and obligations of an Independent Consultant and Arbonne, or any other claims or causes of action relating to the performance of either an Independent Consultant or Arbonne under the Independent Consultant Agreement, or Policies & Procedures, or the purchase of products shall be settled initially through mediation or arbitration as set forth herein. If a dispute arises, it is expected that the parties will attempt in good faith to resolve any such dispute in an amicable and mutually satisfactory manner.
In the event such efforts are unsuccessful, and as a prerequisite to filing a claim in arbitration, either party may serve a notice requesting mediation ("Notice of Mediation") on the other party. Notice of Mediation shall be personally delivered or sent by prepaid registered airmail or overnight courier, and shall be effective on receipt thereof by the party to whom it is addressed. Proof of receipt shall be a receipt signed by any officer or responsible official of the party to whom it is addressed. The Notice of Mediation shall be dated, and without prejudice to any right under this Agreement permitting subsequent modifications, shall specify the claims or issues which are to be subjected to mediation, including the requested remedies sought in the mediation. The parties shall attempt, in good faith, to select a mutually acceptable mediator from the Centre for Effective Dispute Resolution International Dispute Resolution 70 Fleet Street London EC4Y 1EU United Kingdom ("CEDR") in London, United Kingdom. If the parties are unable to agree on a mediator within 15 days of service of the Notice of Mediation, the parties shall request that CEDR submit to the parties a list of seven proposed mediators (the "Mediator List"). Within seven days after service of the Mediator List, each party shall submit a letter to CEDR that ranks four mediators on the Mediator List in order of preference and strikes the remaining three names. CEDR shall then select the mediator on the Mediator List with the highest combined ranking. The mediation shall take place in London, United Kingdom within 45 days after the selection of the mediator. The party that serves the Notice of Mediation shall be responsible for the costs of the mediation. The mediation, and any materials, briefs, statements, documents, or information exchanged at or in anticipation of the mediation, shall be kept confidential and shall not be admissible for any purpose in any legal proceeding.
If differences cannot be resolved by mediation as set forth in the paragraph above, the parties shall be governed by and these terms and conditions shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising herefrom or any other contractual relationship between the parties hereto.
18. Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
19. Unenforceability. If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into this Agreement on the part of any party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
20. Authority to Execute. The party signing this Agreement hereby acknowledges, represents and warrants that they are expressly and duly authorized to execute this Agreement and to legally bind said party to this Agreement.
21. Conflicts. If at any time you have agreed or agree to the Arbonne Independent Consultant Application & Agreement, to the extent of any conflict between the terms of the Arbonne Independent Consultant Application & Agreement and the terms of this Agreement (including, without limitation, any conflict with respect to dispute resolution terms), the terms of the Arbonne Independent Consultant Application & Agreement shall apply and control.
21. Notices. Arbonne Europe Sàrl ("Arbonne") of Bösch 71, Postfach 663, CH — 6331 Hünenberg, Switzerland, VAT number 894518185, is the promoter of this trading scheme in the United Kingdom. The goods that are sold under this opportunity are skin care and colour cosmetics produced or supplied by Arbonne and such other goods or services as Arbonne may market from time to time. You may contact Us by writing or calling Us at the address, email address and/or telephone number listed below:
Arbonne Europe Sàrl c/o Arbonne UK Limited Unit 16 Basset Court, Loake Close, Grange Park Northampton, NN4 5EZ 0800 977 5721
Or you may complete the online form at arbonneinternational.co.uk > Contact Us
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOU RECORDS AND PLEASE CHECK THE WEBSITES FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.
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