AVON JUSTINE WEBSITE TERMS AND CONDITIONS OF USE
1. ABOUT OUR TERMS
1.1 These terms and conditions of use ("Terms") explain how you may use this website and any of its content ("Site"). These Terms apply between Avon Justine Pty Ltd ("we", "us" or "our") and you, the person accessing or using the Site ("you" or "your").
1.2 The Site is not intended for persons younger than 13 years of age. If you are under 13 years of age, you should not provide your personal information on the Site.
1.3 You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.
1.4 The Site is provided by us to you free of charge for information purposes only.
1.5 If you order any goods from the Site, separate terms and conditions will apply as set out in the Terms and Conditions of Purchase.
1.6 If you are an AVON Representative or Business Owner ("Avon Representative"), you also agree to be legally bound by the terms and conditions contained in your agreement with Avon (collectively with any terms and conditions attached thereto or incorporated therein), any applicable AVON policies, codes of conduct or other related guidelines and the Representative Specific Website Terms set out at Clause 17.
2. ABOUT US
2.1 We are Avon Justine (Pty) Ltd, a company registered in South Africa with registration number 1964/002772/07. Our address is Woodlands Office Park, 20 Woodlands Drive, Woodmead, Johannesburg. You can contact us at queries@avon.com or call our relationship centre at +27 87 011 2866.
2.2 If you have any questions about the Site, please contact us by clicking here.
3. USING THE SITE
3.1 The Site is for your own personal use (and for non-commercial purposes (excluding if you are an AVON Representative in the context of your AVON business)).
3.2 We make no promise that the Site is appropriate or available for use in locations outside of South Africa If you choose to access the Site from locations outside South Africa, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
3.3 We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details at the top of this page.
3.4 As a condition of your use of the Site, you agree to comply with our "Acceptable Use Policy" set out at Schedule 1 to these Terms and agree not to:
3.4.1 misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
3.4.2 attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site.
3.5 We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
4. REGISTRATION AND PASSWORD SECURITY
4.1 Use of the Site may require registration, particularly in order to access restricted areas of the Site.
4.2 We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.
4.3 You are responsible for making sure that your password and any other account details are kept secure and confidential.
4.4 If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
4.5 Any personal information you provide to us as part of the registration process will be processed in accordance with our "Privacy Policy" available on this website.
5. INFRINGING CONTENT
5.1 We will use reasonable efforts to:
5.1.1 delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
5.1.2 identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy, when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
5.2 If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
6. YOUR PRIVACY AND PERSONAL INFORMATION
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available on this website, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
7. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
7.1 The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site ("Content") are owned by us and our licensors.
7.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
7.3 Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
7.4 Trademarks: our trademarks, including but not limited to 'AVON' are our trademarks. Other trademarks and trade names may also be used on the Site or in the Content. Use by you of any trademarks on the Site or in the Content is strictly prohibited unless you have our prior written permission.
8. SUBMITTING INFORMATION TO THE SITE
8.1 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
8.2 Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
9. AVON REPRESENTATIVES
9.1 AVON Representatives are independent, self-employed distributors of AVON products and are not otherwise affiliated with AVON or any of AVON's parent companies, subsidiaries of affiliates.
9.2 We are not responsible or liable for the statements, acts or omissions of AVON Representatives, whether through or in connection with the Site or otherwise.
9.3 We do not have control over and are not responsible or liable for any text, images or other information or materials posted or customised by AVON Representatives ("AVON Representative Content") that appear on the Site or any AVON Representatives' personal online sites. We have not taken steps to confirm the accuracy or reliability of any AVON Representative Content or other materials communicated by an AVON Representative to you.
9.4 We do not make any representations or warranties as to the security of any communications between you and any AVON Representative undertaken using AVON Representative Content (for example, email links posted by AVON Representatives) including as to the data privacy or data protection practices of any AVON Representative.
10. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE
10.1 We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
10.2 We may suspend or terminate access or operation of the Site at any time as we see fit.
10.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
11. HYPERLINKS AND THIRD-PARTY SITES
The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party advertising or website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site and is at your own risk.
12. LIMITATION ON OUR LIABILITY
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
12.1.1 losses that were not foreseeable to you and us when these Terms were formed;
12.1.2 losses that were not caused by any breach on our part;
12.1.3 business losses; and
12.1.4 losses to non-consumers.
13. EVENTS BEYOND OUR CONTROL
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
14. RIGHTS OF THIRD PARTIES
No one other than a party to these Terms has any right to enforce any of these Terms.
15. VARIATION
15.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 15.
15.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
16. DISPUTES
16.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
16.2 Relevant South African law will apply to these Terms. If you want to take court proceedings, the relevant courts of South Africa will have non-exclusive jurisdiction in relation to these Terms.
17. REPRESENTATIVE SPECIFIC WEBSITE TERMS
17.1 CONTENT POSTED BY AVON REPRESENTATIVES
17.1.1 AVON Representatives represent and warrant that any information they provide in connection with their use of the Site is true, accurate and complete and that they will maintain and update such information as needed so that the information remains true, accurate and complete.
17.1.2 If AVON Representatives choose to make any of their personally identifiable information or other information publicly available through or in connection with the Site, they do so at their own risk. 17.2 PROVISION OF RESOURCES
17.2.1 We may provide AVON Representatives with certain resources and tools (including, without limitation, assistance with the creation of personalised online sites that contain AVON branding and content and that may share URLs in whole or in part with the Site).
17.2.2 AVON Representatives acknowledge and agree that neither AVON nor any of AVON's parent companies, subsidiaries of affiliates (together "Affiliates") has control over, or is responsible for, any text, images or other information or materials posted by AVON Representatives to the Site or such personalised online sites. Further, neither AVON nor any Affiliate has control over, or is responsible or liable for any customisations made by AVON Representatives to the Site or such personalised online sites, or any materials communicated by AVON Representatives.
17.3 IDENTIFICATION
17.3.1 We may identify AVON Representatives (for example, by means of a badge or other identified) while they use the Site. If AVON Representatives do not want to be so identified, they may not use the Site.
17.4 RULES OF CONDUCT
17.4.1 To the extent that you are an AVON Representative who has been authorised or instructed by us to use the Site to promote the AVON business opportunity, an AVON Representative may:
(a) use the Site to advertise or offer to sell or buy goods or services for a business purpose, or otherwise promote any services, businesses or opportunities; and
(b) reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
SCHEDULE 1
ACCEPTABLE USE POLICY
1. PROHIBITED USES
1.1 You may use the Site only for lawful purposes. You may not use the Site:
1.1.1 in any way that breaches any applicable local, national or international law or regulation;
1.1.2 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
1.1.3 for the purpose of harming or attempting to harm minors in any way;
1.1.4 to bully, insult, intimidate or humiliate any person;
1.1.5 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
1.1.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
1.1.7 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.2 You also agree not to access without authority, interfere with, damage or disrupt:
(a) any part of our site;
(b) any equipment or network on which the Site is stored;
(c) any software used in the provision of the Site; or
(d) any equipment or network or software owned or used by any third party.
2. INTERACTIVE SERVICES
2.1 We may from time to time provide interactive services on the Site.
2.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
2.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
2.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
2.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
3. CONTENT STANDARDS
3.1 These content standards ("Content Standards") apply to any and all material which you contribute to the Site (“Contribution”), and to any interactive services associated with it.
3.2 The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
3.3 We will determine, in our discretion, whether a Contribution breaches the Content Standards.
3.4 A Contribution must:
3.4.1 be accurate (where it states facts);
3.4.2 be genuinely held (where it states opinions); and
3.4.3 comply with the law applicable in South Africa and in any country from which it is posted.
3.5 A Contribution must not:
3.5.1 be defamatory of any person;
3.5.2 be obscene, offensive, hateful or inflammatory;
3.5.3 bully, insult, intimidate or humiliate;
3.5.4 promote sexually explicit material;
3.5.5 include child sexual abuse material;
3.5.6 promote violence;
3.5.7 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3.5.8 infringe any copyright, database right or trade mark of any other person;
3.5.9 be likely to deceive any person;
3.5.10 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
3.5.11 promote any illegal content or activity;
3.5.12 be in contempt of court;
3.5.13 be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
3.5.14 be likely to harass, upset, embarrass, alarm or annoy any other person;
3.5.15 impersonate any person or misrepresent your identity or affiliation with any person;
3.5.16 give the impression that the Contribution emanates from AVON or one of its affiliates;
3.5.17 advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
3.5.18 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; and
3.5.19 contain any advertising or promote any services or web links to other sites.