- Membership to Club Biotherm is open to all residents of Australia who: (a) purchase any two (2) full sized Biotherm products in one transaction at any participating store; and (b) complete the entry form and return it to any participating store; and (c) are accepted by Biotherm into Club Biotherm.
- Membership is valid for 1 year. Provided a member purchases any two (2) full sized Biotherm products in one transaction (as recorded on the system operated by Biotherm) during that year, the Club Biotherm member's membership will automatically renew for an additional 1 year period at the conclusion of the initial year of membership. Membership of Club Biotherm can continue to be renewed for consecutive 1 year periods each year while Club Biotherm is running. Members of Club Biotherm will receive certain benefits at the discretion of Biotherm. Benefits may include: (a) a membership card; (b) general beauty and health tips from Biotherm skin experts via email, mail and Internet; (c) notification and access to exclusive offers and membership privileges; and (d) the ability to earn reward points which can be redeemed for Biotherm products.
- All benefits, offers and privileges are subject to availability and subject to any further terms and conditions as notified by Biotherm.
- Members will gain reward points each time they purchase a full sized Biotherm product at a participating store. To earn reward points members must present their membership card or key ring at the time of purchase. Members will earn 1 reward point for every $1 (incl GST) spent on Biotherm products. Members can also earn reward points via the "My Energy Stats" page on the Club Biotherm website www.clubbiotherm.com.au (Website). Reward points earned via the Website are limited to 1 point per member per day. Reward points earned via the Wesbite are not dependant on the results of the member's "Energy Stats". Reward points are redeemable by members for all Biotherm products in accordance with the redeemable products featured on the Website. When points have accumulated to 350 points or 500 points or 700 points or 1,000 points members can redeem points on products (as specified on the Website). The redeemable products featured on the Website will be updated from time to time and are subject to change at the discretion of Club Biotherm.
- A member's reward points will expire 18 months from the date which they were credited to the member. Once expired, reward points cannot be re-credited.
- Membership and benefits (including reward points) are not transferable. Benefits (including reward points) cannot be pooled, exchanged or redeemed for cash.
- Members are bound by these terms and conditions, as varied from time to time. Biotherm reserves the right to amend these terms and conditions (including the process and mechanism for earning and redeeming reward points) at any time it sees fit, without limitation. Biotherm may choose to discontinue Club Biotherm at any time and without liability, by notice to members.
- Biotherm may terminate a membership of Club Biotherm at any time by written notice to a member if that member fails to comply with these terms and conditions or abuses any membership privileges. A member may terminate their membership at any time upon written notice to Biotherm.
- Biotherm is not liable for any tax implications that may arise as a result of any benefits provided. Biotherm and its associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence) in connection with membership or administration of, or participation in Club Biotherm, except for any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
- Without limiting clause 9 above, Biotherm is not responsible for any incorrect or inaccurate information either provided by members, or caused by any equipment or programming used by Biotherm or for any technical error that may occur during the administration of Club Biotherm (including the process during which purchases are being recorded for the purposes of Club Biotherm). If rewards points are incorrectly credited (or not credited to a member - as the case may be), that member must notify Club Biotherm as soon as the member becomes aware of the incorrect crediting of points. In the event of an error regarding a member’s reward points, Club Biotherm may credit or deduct reward points as Club Biotherm may deem necessary to rectify that error.
- The information members provide will be used by the Biotherm for the purpose of conducting Club Biotherm and communicating with members in relation to Club Biotherm. This will include providing members with beauty and health tips and other information about Club Biotherm and Biotherm products. Biotherm will also record members' information to determine their eligibility for future membership and exclusive offers. Members consent to the storage of their personal information on Biotherm's database and Biotherm may use this information for future promotional and marketing purposes regarding Biotherm including contacting members via electronic messaging. Biotherm may disclose members personal information to contractors and agents it engages to assist it in running Club Biotherm or communicating with members. By joining Club Biotherm members consent to their information being used in this manner. Biotherm is bound by the National Privacy Principles in the Privacy Act 1988. Members can access the personal information which Club Biotherm holds about them, or obtain a copy of the Club Biotherm’s privacy policy by contacting the Biotherm Privacy Officer on (02) 9888 7711 or at privacyllpda@au.loreal.com.
- Club Biotherm is run by Biotherm, L'Oréal Luxury Products Australia a division of L’Oréal Australia Pty Ltd (ABN 40 004 191 673) of Level 3, 12 Lord Street, Botany NSW 2019.
ABN 40 004 191 673 ("Biotherm"). 2 M/1065213/3
IMPORTANT
Thank you for accessing Biotherm’s website. Use of the Biotherm website is governed by these terms and conditions. Please read these terms and conditions before using the website.
The Biotherm website is operated by Biotherm, a division of L’Oréal Australia Pty Ltd, (of Level 3, 12 Lord Street, Botany NSW 2019). By using the Biotherm website, you signify your acceptance of the terms and conditions in consideration of which Biotherm provides you with access.
Biotherm reserves the right to amend these terms and conditions at any time. Accordingly, please continue to review the terms and conditions whenever accessing or using the Biotherm website. Your continued access to the Biotherm website will constitute your acceptance of any changes or revisions to the terms and conditions.
If you do not accept the terms and conditions, you may not use the Biotherm website.
ENTRY INTO COMPETITIONS
From time to time Biotherm may run competitions and promotions via the Biotherm website. Each competition and special offer is subject to terms and conditions which will be available to you via information provided on the website at the time of entering the competition.
LINKS FROM THE BIOTHERM WEBSITE
The Biotherm website may contain links to other websites and may on occasion display content or information from other websites within frames on the Biotherm website. Websites or pages to which the Biotherm website is linked are for information only and have not been reviewed by Biotherm. Linked third party sites are not under the control of Biotherm and Biotherm has no responsibility for the content of the websites or pages linked or linking to the Biotherm website. Existence of links to other third party sites is not an endorsement by Biotherm in favour of such sites or the products or services contained in any linked site. Biotherm accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites.
EDITING AND DELETIONS
Biotherm reserves the right to review, edit, move or delete any material provided for display or placed on the Biotherm website, without notice.
INTELLECTUAL PROPERTY
The Biotherm website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trade marks, service marks and other material (“Content”) is protected by copyright, trade marks and/or other proprietary rights. The Content includes both content owned or controlled by Biotherm and content owned or controlled by third parties and licensed to Biotherm. All individual articles, reports, and other elements making up the Biotherm website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Biotherm website. Except for the purposes of viewing the Biotherm website, you must not copy, adapt or distribute those materials unless you have first obtained our written consent to do so.
You may not use any of Biotherm’s trade marks, trade names or brands without Biotherm’s prior express written consent and you acknowledge that you have no ownership rights in and to any of those names, brands and marks.
You agree to notify Biotherm in writing promptly upon becoming aware of any unauthorised access to or use of the Biotherm website by any party or of any claim that the Biotherm website or any of the contents of the Biotherm website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
LICENCE AND DOWNLOAD RIGHTS
You acquire no rights or licences in or to the Biotherm website and/or the Content other than the limited right to use the Biotherm website in accordance with these terms and conditions and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Biotherm website.
Download of Content from the Biotherm website is permitted by Biotherm provided that:
- you make no more than one printed copy of such download and no further copies of such printed copy are made;
- you make only personal, non-commercial use of such download and/or printed copy; and
- you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
Additionally, you may not offer for sale or sell or distribute over any other medium the Content or any part thereof. You may not make any part of the Biotherm website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Biotherm website and the information contained therein may not be used to construct a database of any kind, nor may the Biotherm website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Biotherm website.
PERMISSIONS
If you would like information about obtaining Biotherm’s permission to use any of the Content or if you would like to link your website to the Biotherm website, please write to: Biotherm, Level 3, 12 Lord Street, Botany NSW 2019.
NO WARRANTY
Biotherm has provided the Biotherm website as a general information service. All information provided on the Biotherm website is intended for your general knowledge only. It is not intended as a substitute for medical advice or treatment for specific medical or psychological conditions. You should seek prompt medical care for any specific health issues and consult your physician before starting a new fitness or nutrition regimen.
Whilst Biotherm has endeavoured to ensure that all information provided on the website is accurate and up to date, Biotherm takes no responsibility for any error or omission relating to this information.
Biotherm makes no warranties or representation about any Content or information on this Biotherm website, either express or implied, and to the fullest extent permitted by law, excludes (and where law does not permit an exclusion, limits to the extent permitted by law) all:
- warranties and representations about the currency, accuracy, suitability or reliability of any content or information on the Biotherm website; and
- liability for any direct, indirect and consequential costs, losses, damages and expenses incurred in any way (including but not limited to those arising from negligence), connected with any use of or access to the Biotherm website, or any reliance on information contained on the Biotherm website.
The information contained on the Biotherm website is not intended to be comprehensive and should not be relied upon in place of professional medical or beauty advice.
Biotherm further accepts no responsibility or liability for functions contained on the Biotherm website and makes no warranties that the Biotherm website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Biotherm does not warrant that the Biotherm website is compatible with your computer equipment or that the website or its server is free of errors or viruses, worms or “Trojan horses” and Biotherm is not liable for any damage you may suffer as a result of such destructive features.
Biotherm shall not be held responsible for Content provided by third parties. Biotherm is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE BIOTHERM WEBSITE, OR THE INFORMATION ON THE WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITIONS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, BIOTHERM RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You acknowledge that your use of the Biotherm website, including the Content is at your own risk. If you are dissatisfied with the Biotherm website, the terms and conditions, or any of the Content, your sole remedy is to discontinue use of the website.
These terms and conditions do not affect your statutory rights or your legal rights as a consumer. Where terms are implied by statute, they are excluded to the extent permissible by law. If they cannot be excluded, Biotherm’s liability will (where permissible by law) be limited to:
- in the case of the supply of goods: the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired, at Biotherm’s election; and
- in the case of the provision of services: the supplying of the services again, or the payment of the cost of having the services supplied again, at Biotherm’s election.
LOCAL LAWS AND REGULATIONS
The Biotherm website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Biotherm website is prohibited. Those in respect of whom such prohibitions apply must not access the Biotherm website.
Biotherm does not represent that either the Biotherm website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Biotherm website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
The Biotherm website and its use are governed by the laws of Australia and the State of Victoria.
TERMINATION OF ACCESS TO THE SERVICE
Biotherm has the right to terminate or suspend operation of the website, for any or no reason, without notice and without liability.
CHANGES TO THE WEBSITE
You accept that Biotherm has the right to change the content or technical specifications of any aspect of the Biotherm website at any time at Biotherm’s sole discretion. You further accept that such changes may result in your being unable to access the website.