TERMS & CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we sell any of the products listed on our website
You should print a copy of these terms and conditions for future reference.
Your attention is drawn to clauses 9 and 11.
1 Information About Us
www.myglow2.com.au is a site operated by the My Glow 2 partnership. We are registered in Australia under the ABN number: 22 634 599 130 and our postal address is PO BOX 913, Lilydale, Victoria, Australia, 3140. Our email address is: firstname.lastname@example.org.
2 Service Availability
We ship worldwide however some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Shipping & Delivery page.
3 Your Status
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old; and,
- You are resident in one of the Serviced Countries.
4 How The Contract Is Formed Between You And Us
- After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
- We will not process your order until payment has been received in full in accordance with the provisions of clause 7.
- If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy
- The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products, which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
- We are entitled to refuse any order made by you for any reason.
- When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
5 Consumer Rights
If you are contracting as a consumer, you may cancel a Contract at any time within seven days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Returns Policy
6 Availability And Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7 Price And Payment
- The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include AUS GST but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
- Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until we have received cleared funds in respect of the full amount stated in the order.
- Prices are subject to change without notice but changes will not affect orders, which we have already accepted.
- It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
- Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Debit, Mastercard. We also accept payments via PayPal.
- The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
- Only one promotion code can be used per order.
8 Our Returns Policy
For details on refunds, please refer to our Returns Policy.
9 Our Liability
- If we do not deliver or if the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
- Make good any shortage or non-delivery or incorrect delivery; or
- Replace or repair any Products that are damaged or defective; or
- Refund to you the amount paid by you for the Products in question.
- We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
- Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
- Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
- Nothing in this contract shall exclude or limit your statutory rights.
- A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
10 Intellectual Property Rights
All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
You agree to indemnify, defend and hold harmless My Glow 2, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
12 Import Duty
- If you order Products from our site for delivery outside Australia, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13 Written Communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15 Transfer Of Rights And Obligations
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16 Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
- If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
19 Entire Agreement
- These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20 Our Right To Vary These Terms And Conditions
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which We may decide.
- You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21 Law And Jurisdiction
These terms and conditions are to be construed in accordance with the Australian laws and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the Australian Courts.
22 After-Sale Service
- Questions, comments or requests regarding these terms and conditions or our Products should be addressed to firstname.lastname@example.org.
- If you have any complaints these should be addressed in writing to PO BOX 913, Lilydale, Victoria, Australia, 3140.
- If you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court).
23 Discount Code Terms And Conditions
Official My Glow 2 Discount Codes entitle you to an extra percentage (specific to the Discount Code in question) off your next online order from www.myglow2.com.au. To claim your discount, when in the 'My Cart' section of your account there is an option to “Apply Coupon”, which allows you to enter the promotional code in order to apply it to the order.
Discount Codes can only be used once per customer, cannot be used in conjunction with any other promotion or offer, remain our property and are not transferable. There is no cash alternative. Discount codes exclude sale, beauty, premium and delivery charges. Discount Codes and related offers are not open to employees of myglow2.com.au and we reserve the right to withdraw them and refuse or restrict any order at any time.
The promoter of myglow2.com.au Giveaway is My Glow 2.
-This Giveaway is open to residences of Australia and Worldwide.
-Employees of the Promoter or any associated company and their immediate family as well as sponsors of the Giveaway and their employees and judges of the Giveaway and their immediate family, or anyone else involved in the organisation of the Giveaway, may not enter the Giveaway.
-Entrants will require access to the internet to enter the Giveaway.
-Entrants remain subject to the Instagram/Facebook/Twitter terms and conditions.
How to enter
-To enter the Giveaway entrants must enter via one of the below methods:Instagram: Follow @myglow2 (on Instagram) and comment on the competition post tagging 2 friends.
-This will equal 1 entry which is automatically captured on our post. Tag must stay for the duration of the competition.
-The winner will be randomly drawn from all entries.
Entries must be made between 7PM AEST on 08.12.19 ("Competition or Competition Period") to be valid. Winner will be announced 15.12.2020 on @myglow2 Instagram page.
-Entries received after the end of the Prize Draw Period will not be valid.
-No third party or automated entries are permitted.
-All entrants (including the winner(s)) must comply with any reasonable directions given to him or her by the Promoter in connection with the Giveaway. Failure to comply with such directions may result in an invalid Entry and/or withdrawal of the Prize.
Winner selection and contact
-The Promoter will select at random at the end of the Competition Period. The decision of the Promoter shall be final. The winner will be randomly drawn on 15.12.2019 at 4PM AEST at My Glow 2. HQ. The Promoter will announce the winner by naming the winner on a @myglow2 Instagram on the 15.12.2019.
-No correspondence will be entered into respect of any decision made in connection with the Giveaway.
-At the end of the Competition Period, the Promoter will announce the winner on Instagram at 4PM AEST and will also contact the winner via direct message on Instagram on 15.12.2019. (“Winner”) whereby the Promoter will ask the Entrant for their name and email address (“Details”). Once the Details have been provided in the manner stipulated herein, the Promoter will provide further details regarding the Prize.
-If any winner fails to provide their Details to the Promoter within 24 hours of the Promoter mention on Instagram and direct message on Instagram, asking them to provide the Details then the Promoter acting in its absolute discretion may:
- Make further attempts to contact that winner.
- If the Prize is declined by a Winner or is withdrawn from a Winner by the Promoter:
-the declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions; and the Promoter may offer the Prize to a new Winner randomly drawn. The Winner will have 3 months from the date of contact to claim the prize. If the prize remains unclaimed the promoter will perform an unclaimed prize draw. This draw will take place at My Glow 2. HQ on 15th March 2020 at 4PM AEST. The unclaimed prize winner will be notified by Instagram message on 15th March 2020 and published in the My Glow 2. Instagram page on 16th March 2020 at 4PM AEST.
-One winner will be given 1 x Rose Quartz and three winners will be given 1 x My Glow 2 Glove, 1 x Smudge Stick and 3 x tumble stones.
-The Prizes are non-transferable and non-refundable and the Winners cannot request any alternative prize.
-The Promoter reserves the right to publish each Winner's name and Entry on the Promoter’s official social media accounts, including Twitter, Instagram and Facebook and on its website found at www.myglow2.com.au
-By entering the giveaway, if you are a Winner you agree to your Entry being published and to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Giveaway without further recompense.
-Any Entry that is deemed by the Promoter, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive or which may otherwise bring the Giveaway or Promoter into disrepute will be excluded from the Giveaway and the Promoter reserves the right to take any further action in respect of such Entry that it deems appropriate.
-The Promoter will fully co-operate with any law enforcement authorities or court order requesting or directing the Promoter to disclose the identity of or to locate anyone posting or linking any content to its Twitter or Instagram pages which infringes any third party rights or is in breach of any of these Terms and Conditions or any applicable law.
Use and display of Entries and copyright
-The copyright subsisting in the Entry must belong to the entrant. Entrants will retain copyright in the Entries they submit. Entrants must not have infringed the rights of any other party or breached any laws when submitting their Entries. If an Entry contains reference to or images of a person, the consent of that person (or their parent or guardian if they are under 18) must have been obtained.
By submitting an Entry:
-You licence and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media including, but not limited to the Promoter’s website, social media accounts, marketing materials, newsletters and promotional material without further compensation, restriction on use, attribution or liability;
-You waive any moral rights or similar rights in respect of your entry to which you may be entitled (at the time of submission or in the future) under the Copyright, Designs and Patents Act 1988 as amended time to time or under any similar applicable laws in force from time to time in force anywhere in the world;
-Except for death or personal injury caused by negligence of the Promoter or its agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter, nor its agents or representatives assume responsibility for:
-any Prize that is not redeemed;
-any personal property;
-any loss of enjoyment or wasted expenditure;
-any system failures or malfunctions of any third party websites;
-any incomplete, lost, delayed or late Entries;
-any failure to fulfil obligations of any third parties involved in this Giveaway;
-any fault, malfunction, damage, loss or disappointment suffered by the participants in the Giveaway howsoever arising from participating in the Giveaway;
-communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this Giveaway;
-inaccessibility or unavailability of the internet, or any website (including without limitation any social media web sites) or any combination thereof through dial up, broadband, mobile internet or WAP connections;
-any injury or damage to a participant which may be related to or arising from the Giveaway or the Prize;if for any reason the Giveaway or any website in connection with the Giveaway is not capable of running as planned for reasons which may include without limitation, infection by computer, virus, tampering, unauthorised intervention, fraud, technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this promotion; and/orany other matter outside of their reasonable control.
-Nothing in these Terms and Conditions affects your statutory rights.
-To the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms and Conditions.
-The Winners agree to indemnify and keep indemnified the Promoter, its group of companies and their officers, employees and agents from and against all liabilities, losses, damages and expenses (including legal and other professional fees) arising out of or in connection with any allegations or claims resulting directly or indirectly from:
-their Entry into this Giveaway; and/or
-their receipt and use of any Prize.
-The Promoter reserves the right to cancel or amend the Giveaway or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Giveaway or these Terms and Conditions will be announced by the Promoter through its Instagram accounts. Subject to legislative approval.
-By entering the Giveaway you accept these Terms and Conditions as in force at the time you submit your Entry.
-Any person who provides their Details to the Promoter in connection with this Prize Draw accepts:
-these Terms and Conditions; and
-the use of their personal data by the Promoter:
-for the purpose of administration of the Giveaway (including publishing the names of the Winners and any administration relating to the Prize);
-andany other purpose for which they have consented.
-Without prejudice, the Promoter reserves the right to exclude any Entry from the Giveaway if it deems it to be ineligible or otherwise invalid and the Promoter shall have complete discretion in this respect.
-No responsibility can be accepted for lost Entries or incomplete Entries. Proof of Entry is not proof of receipt.
-If any provision of these Terms and Conditions (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force.If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Promoter.
-No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law or any abandonment of any such right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
-No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
-Authorised under NSW Permit No. LTPS/18/30252, ACT Permit No. TP 18/02368 and SA Permit No. T18/2128
25 Third Party
By responding #myglow2 you agree to the following:
You grant to My glow 2 and its affiliates and/or related entities a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable right to use your video(s), photo(s) and/or other content posted to Instagram, Facebook, Twitter or Google+, together with your social media handle, social media user name, profile picture, caption and location information you may have included in your content (“User Content”) that you have tagged with any of the Hashtag(s) defined below in any media, including but not limited to on its webpages and social media pages, retailer sites, third party sites, stores for its marketing and/or its advertising. You grant My Glow 2 the right to use your username, real name, image, likeness or other identifying information in connection with any use of your User Content.
My Glow 2 may use, display, reproduce, distribute, transmit, combine with other materials, alter and/or edit the User Content for legal and/or regulatory reasons in any way it sees fit (while maintaining the original sentiment), with no obligation to you whatsoever.
You may directly upload User Content or post User Content to your social media accounts. By uploading User Content and posting User Content that you have tagged with Brand hashtags to social media platforms, you grant to the Brand, its third-party service providers who provide content management services including Olapic, and its retail partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Brand-tagged User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.
You hereby represent and warrant that (i) you own all rights in and to your User Content, (ii) if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (iii) you are not a minor, (iv) you are legally entitled to post the User Content, and the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
You are solely responsible for any User Content that you submit. You are legally liable for the User Content that you submit including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.
The Licensed Parties reserve the right to remove any User Content from the Site, the Brand properties and the Services at any time, for any reason.