This website (the "Site") is operated by MONAT Global Australia Pty Ltd (ACN 643 469 818) (referred to herein as "MONAT Australia", "we", "us" and "our"). Your use of the Site is subject to the following terms and conditions.
1. Consent:
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site, the possibility of our use or display of your Submissions (as defined in Section 9 below) and the possibility of the publicity and promotion from our use or display of your Submissions.
2. Additional Terms:
Note that special terms apply to some services offered on the Site, such as subscription-based services, product purchases, rules for particular contests or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these Terms of Use and, in the event of a conflict, prevail over these Terms of Use.
3. Modification:
We reserve the right to modify or otherwise update these Terms of Use at any time. We will endeavour to provide you with reasonable notice of any material changes before the changes take effect, for example, by email to you or notice on our Site. Your continued use of the Site after the changes take effect will be deemed to be your acceptance of the changes. You should visit this page from time to time to review the current terms. We may change the Site or delete Content (as defined in Section 4 below) or features of this Site at any time, in any way, for any or no reason at our discretion.
4. Copyright:
All information, materials, functions and other content (including Submissions as defined in Section 9 below) provided on this Site (collectively "Content"), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by Australian and international copyright laws. The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by Australian and international copyright laws. Except as stated herein or as otherwise provided in an express authorisation from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorised use of any material contained in this Site is strictly prohibited.
5. Trade Marks:
All information, materials, functions and other content (including Submissions as defined in Section 9 below) provided on this Site (collectively "Content"), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by Australian and international copyright laws. The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by Australian and international copyright laws. Except as stated herein or as otherwise provided in an express authorisation from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorised use of any material contained in this Site is strictly prohibited.
6. Use of Site and Content:
We grant you a limited licence to access and make personal use of the Site and the Content, subject to these
Terms of Use. Neither this Site nor any portion of this Site or any Content may be reproduced, duplicated, copied,
sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us in writing,
except that where the Site is configured to enable the download of particular Content, you may download one copy
of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep
intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use
the Content in a manner that suggests an association with any of our products, services, or brands. We reserve
the right to refuse services, and/or cancel orders at our discretion if we believe that user conduct violates
applicable laws or is harmful to our interests.
In the event that we offer downloads of software from
this Site and you download such software, the software, including any files, images incorporated in or generated
by the software, and data accompanying the software (collectively the "Software") are licensed to you by us or
third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software
to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or
otherwise reduce the Software to a human-readable form.
7. Linking:
Links to third party web sites may be provided on this Site. If so, they are provided solely as a convenience
to you. If you use such links, you will leave this Site. We have not reviewed all such third-party sites (if any)
and do not control and are not responsible for any of these web sites and their content. We do not endorse or
make any representations about such web sites or any information or materials found there, or any results that
may be obtained from using them. If you access any third-party web sites linked from this Site, you do so at your
own risk.
No hyperlinks to this Site are permitted without our prior written consent. If you would like to
link to this Site from your web site, please email your request to
compliance@monatglobal.com. Unless you receive our express written consent, your request to link to this
Site shall be deemed denied. Unless otherwise permitted in writing signed by an authorised representative of
MONAT Australia, a web site that links to this Site:
- Shall not imply, either directly or indirectly, that MONAT Australia is endorsing its product(s);
- Shall not use any of our Trade Marks or the Trade Marks of our licensor(s);
- Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;
- Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;
- Shall not present false or misleading information about us or the MONAT Australia opportunity;
- Shall not misrepresent any relationship with us;
- Shall not replicate in any manner any content in the Site; and
- Shall not create a browser or border environment around Site material.
8. Claim of Copyright Infringement:
We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your physical address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or by the law; and
- A statutory declaration made by you that the above information is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to your email address in our records, or by written communication sent by post to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below. To be effective, the counter-notification must be a written communication that contains the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statutory declaration made by you that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
By Post:
MONAT Global Australia Pty Ltd
c/o MONAT Global Corp
Attn: Copyright Agent
Brianna Hernandez
10000 NW 15 Terrace
Doral, Florida 33172
or
By Email: copyright@MONATglobal.com
9. Submissions:
For purposes of these Terms of Use, the word "Submissions" means text, messages, ideas, concepts, suggestions,
artwork, photographs, drawings, videos, audiovisual works, your and/or other persons' names, likenesses, voices,
usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or
other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or
through this Site.
We are always pleased to receive your comments, suggestions, and Submissions regarding this Site, our products
and services, and our opportunity. If you transmit to us, post, or upload any Submissions to or through this Site,
you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce,
modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the
Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
By communicating a Submission to us, you represent and warrant that the Submission and your communication thereof
conform to the Rules of Conduct set forth in Section 12 below and all other requirements of these Terms of Use and
that you own or have the necessary rights, licences, consents and permissions, without the need for any permission
from or payment to any other person or entity, to exploit, and to authorise us to exploit, such Submission in all
manners contemplated by these Terms of Use. You agree that you shall not post or transmit to or from this Site any
unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material,
or any other material that could give rise to any civil or criminal liability under the law. See Section 12 below.
10. Accounts:
Some services on this Site permit or require you to create an account to participate in or to secure
additional benefits. You agree to provide, maintain and update true, accurate, current and complete
information about yourself as prompted by our registration processes. You shall not impersonate
any person or entity or misrepresent your identity or affiliation with any person or entity, including using
another person's username, password or other account information, or another person's name, likeness, voice,
image or photograph. You also agree to promptly notify us of any unauthorised use of your username, password,
other account information, or any other breach of security that you become aware of involving or relating to this Site.
We may suspend or terminate your account and your ability to use the Site or any portion thereof
for failure to comply with these Terms of Use or any special items related to a particular service, for
infringing copyright, or for any other reason whatsoever (where we have reasonable grounds to do so).
11. Public Forums and Communication:
"Public Forum" means an area or feature offered as part of this Site that offers the opportunity for users
to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area,
message board, instant messaging, mobile messaging, social community environment, profile page, conversation
page, blog, or e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not private communications,
and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the
security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through the
Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and
posting the same.
You should be skeptical about information provided by others, and you acknowledge that the use
of any Submission posted in any Public Forum is at your own risk. We are not responsible for,
and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and,
to the extent permitted by law, we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take
any action with respect to any Submissions that you make to the Site.
12. Rules of Conduct:
The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site any Submission that:
- (a)is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
- (b)is bigoted, hateful, or racially or otherwise offensive;
- (c)is violent, vulgar, obscene, pornographic, or otherwise sexually explicit;
- (d)may incite violence; or
- (e)otherwise harms or can reasonably be expected to harm any person or entity;
- (f)is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, incite violence, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
- (g)infringes or violates any right of a third party including: (a) copyright, patent, trade mark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- (h)is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- (i)contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person orentity's use or enjoyment of the Site; or
- (j)does not generally pertain to the designated topic or theme of the relevant Public Forum;
- (k)violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or
- (l)is antisocial, disruptive, or destructive, including "flaming", "spamming", "flooding", "trolling", and "griefing", as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance by you.
13. Removal of Submissions:
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from the Site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
14. International:
The Site is intended for viewing and use in Australia. If this Site is viewed internationally, you are responsible for compliance with applicable local laws.
15. Privacy:
MONAT Australia respects your privacy and the privacy of other visitors to the Site. To learn about our privacy practices and policies, please see our Privacy Policy.
16. Children:
MONAT Australia is committed to the safety of our children. Persons under the age of 18 may not enrol as MONAT Australia Market Partners or register as customers. Children under the age of 13 may not purchase products through any of our Websites. MONAT Australia does not solicit or knowingly collect personally identifiable information from children under the age of 13.
17. Disclaimer of Warranties:
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") IS PROVIDED "AS IS" AND "AS AVAILABLE"
AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT.
WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS
THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS
OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY
CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE
OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY
FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED
TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR EXPRESS WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Content of the Site is not intended to, and does not, constitute legal, professional, medical or healthcare
advice or diagnosis, is not intended to be a substitute for such advice, and may not be
used for such purposes. Always seek medical advice in respect of any questions you may have regarding a medical
condition. You should not act or refrain from acting on the basis of any
of the Content included in, or accessible through, the Site without seeking the appropriate legal,
medical, or other professional advice. Reliance on any information appearing on the Site is strictly at your own risk.
The Site may contain the opinions and views of other users. Given the interactive nature of the
Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.
18. Limitation of Liabilities:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS
OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS,
BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS,
WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEED THE AMOUNT PAID BY YOU,
IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER,
UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS,
DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING
DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY
TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY
TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
19. Governing Law, Jurisdiction and Venue:
This Site is created and controlled by us in Australia. This Site shall be governed and interpreted under the laws in force in New South Wales, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Site shall be filed, and that venue properly lies, only courts located the city of Sydney, New South Wales, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
20. General Provisions:
We make no representations that the Content on the Site is appropriate or available for use in any particular
location. Those who choose to access the Site do so on their own initiative and are responsible for compliance
with all applicable laws including any applicable local laws.
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability
of any remaining provisions.
No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such
provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall
not constitute a waiver of such right or provision.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, TO THE EXTENT PERMITTED BY LAW,
SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
21. Contacting Us:
You may contact us regarding these Terms of Use or the Site by any of the following methods:
By Post:
MONAT Global Australia Pty Ltd
c/o MONAT Global Corp
Attn: Data Protection Officer
10000 NW 15 Terrace
Doral, Florida 33172
or
By Email: compliance@monatglobal.com
22. Revisions:
These Terms of Use may be revised and updated by MONAT Australia from time to time. It is your responsibility to check regularly the latest version of these Terms of Use and ensure that you are familiar with any changes. We will endeavour to provide you with reasonable notice of any material changes before the changes take effect (eg by sending you an email or posting the changes on the Site).
Last Revised: 24 June 2021