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PRIVACY POLICY
Thank you for visiting mymonat.com. MONAT understands that on-line privacy is very important to you. We have adopted this Internet Privacy Policy as part of our commitment to your privacy. The terms “we”, “us”, and “our” refer to the MONAT Global family of companies and mymonat.com.
This Internet Privacy Policy applies to personal information we obtain from you via mymonat.com (the Web Site). The Internet Privacy Policy describes what personally identifiable information we may collect or obtain about you (Personal Information), provides examples of how we use Personal Information, and explains your options regarding our use and disclosure of Personal Information. Please note that the Internet Privacy Policy applies only to your interactions with us through this Web Site.
1. What Personal Information We Obtain
2. How We Use Personal Information
3. How We Share Personal Information
4. How We Use Cookies
5. How You Can Opt Out of Promotional Emails and Text Messaging
6. Miscellaneous Information (such as changes to this policy and children’s privacy)
7. Data Security.
1. What Personal Information We Obtain
We obtain Personal Information from you -- such as your name, address, account number, shopping history, e-mail address and telephone number -- when you give us that information when shopping or using our services. For example, we will obtain Personal Information about you when you (i) register to use our website; (ii) place an order with us; (iii) participate in advertising promotions; (iv) subscribe to mymonat.com E-mail Updates (our e-mail newsletter); (v) or subscribe to MONAT mobile text messaging updates and promotions. We will also collect Personal Information when you correspond or speak with us. We may also collect Personal Information about you from third parties, such as demographic or marketing firms, to improve our marketing efforts.
2. How We Use Personal Information
We use Personal Information to conduct our business and to provide you with high quality products and services. For example, if you order from the Web Site, we may send you emails and notices about your order and about other merchandise and services that we think may be of interest to you. We may also share Personal Information with other members of the MONAT corporate family. We do not sell or rent the Personal Information we obtain through the Web Site. If you want to opt out of getting promotional emails from MONAT, see Section 5 below.
3. How We Share Personal Information
To provide you with quality service, we may disclose the Personal Information we collect with service providers that perform marketing, promotional and other services for us. Service providers who perform services on our behalf are contractually bound to use your Personal Information only to help us to provide you with products and services from MONAT. We may also provide information to carefully selected outside companies for the purpose of jointly marketing a product or service to you. We may share information about aggregate shopping histories and demographics with consultants and others for purposes such as analyzing retail trends and marketing, but such information does not identify you or any other individual.
We may also disclose your Personal Information when we believe that it is required by law or necessary to operate our business (e.g., to our attorneys, auditors, or accountants), to protect your rights, to protect our rights, or to protect the rights of others. We may also disclose your Personal Information as part of our customer or contacts list if another company acquires MONAT or a portion of our business.
3 mymonat.com Privacy Policy
As do most catalog and Internet retailers, we sometimes use others to perform specific functions on our behalf. When we disclose information to these service providers, we disclose information to help them to perform their service. For example, in order to deliver products to you, we must share some information. We partner with third parties (such as the U.S. Postal Service, United Parcel Service, and Federal Express) to ship products, to ensure delivery, and so that we can obtain feedback, improve the quality of our service, and measure and improve the quality of the service of the third party. In the example of shippers, we provide them some personally identifiable information such as your name, shipping address, email, and phone number.
Similarly, to help you buy products and provide customer service to you, we must provide your credit card number to financial-services corporations such as credit-card processors and issuers. When we submit your credit card number for authorization, we use state-of-the-art data encryption to protect your information. (More on this is below in Data Security.)
Except as described, we do not share or knowingly make any Personal Information available to any third parties.
4. How We Use Cookies
A “cookie” is a small data file stored by your Web browser on your computer’s hard drive. It allows mymonat.com to recognize your computer (but not specifically who is using it) upon entering the site. A cookie cannot retrieve any other data from your hard drive, pass on a computer virus, or capture your email address.
We use cookies to keep track of when you return to the Web Site as well as to identify the pages you click on during your visit to our site and the name of the Web site you visited immediately before clicking to mymonat.com. We may use this information to improve our site design, product assortments, customer service, and special promotions. You can, of course, disable cookies on your computer by indicating this in the settings, preferences or options menus in your browser. However you will not be able to make purchases on our site if you disable cookies.
If you are shopping at mymonat.com and are having difficulty adding items to your shopping cart or completing your order, please check your privacy settings in your browser. We find that “Medium” Privacy Settings will optimize your online shopping experience at mymonat.com. If you are currently using the “Medium High” or “High” privacy settings, you can improve your online ordering experience if you override your current cookie handling practices for specific websites, including mymonat.com. If you prefer not to change your privacy settings or override your cookie handling practices, you can, as always, place your MONAT order by phone at (888) 867-9987.
5. How You Can Opt Out of Promotional Emails and Text Messaging
You may opt out of receiving promotional emails from MONAT at any time by utilizing the unsubscribe link on every email we send. Please allow up to ten days for us to process your request. You can also opt out of mobile phone messaging by the texting “STOP” to 313131 in the US and 393939 in Canada. In the United Kingdom, we do not use mobile phone or text messaging.
6. Miscellaneous Information
Changes to this Internet Privacy Policy: We reserve the right to change this Internet Privacy Policy, and to apply any changes to previously collected personal information. We urge you to periodically check this Privacy Policy for any changes. The “last revised” date will change when we make revisions to the policy. All changes will be effective upon posting or as otherwise stated in the revision. If you cannot accept the terms of the Internet Privacy Policy, as posted, please do not use this Web Site.
Governing Law, Dispute Jurisdiction: The laws of the State of Florida, excluding its choice of law principles, govern all matters arising from or related to the Web Site, including your access and use, and any Internet transaction between you and us.
Children’s Privacy: The MONAT Site is not targeted towards, nor intended for use by, anyone under the age of 18.By using the MONAT Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the MONAT Site. In the event we become aware you are under 18, we will cancel your registration.
7. DATA SECURITY
The Site incorporates physical, electronic, and administrative procedures to safeguard the confidentiality of your personal information, including Secure Sockets Layer (“SSL”) for all financial transactions through the Site. We use SSL encryption to protect your personal information online, and we also take several steps to protect your personal information in our facilities. Access to your personal information is restricted. Only employees who need access to your personal information to perform a specific job are granted access to your personal information. Finally, we rely on third-party service providers for the physical security of some of our computer hardware. We believe that their security procedures are adequate. For example, when you visit the Site, you access servers that are kept in a secure physical environment, behind an electronic firewall.
While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or offline.
Questions?
If you have questions regarding our Internet Privacy Policy please contact us at:
MONAT Global
3470 NW 82nd Avenue
Suite 910
Doral, FL 33122
(888) 867-9987. Monday to Friday: 8 AM – 11 PM | Saturday: 8 AM – 5 PM. Times are Eastern
Or email us at monatsupport@monatglobal.com
Effective Date: August 9, 2016.
Monday to Friday:
9:00 AM – 5:00 PM AEDT
(7:00 PM – 3:00 AM ET)
Saturday & Sunday: Closed
Phone Numbers:
Australia Customer & MP Care (local): 1800 517 427
IMPORTANT NOTE: For your protection, never transmit credit card or sensitive information via e-mail or chat. |
Terms and Conditions
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).
Market Partner Cancellation and Re-Application
A Market Partner may legitimately change organizations by voluntarily cancelling his or her MONAT business and remaining inactive (i.e., no purchases of MONAT products for resale, no sales of MONAT products, no sponsoring, no attendance at any MONAT functions, and no participation in any other form of Market Partner activity, or operation of any other MONAT business) for six (6) full calendar months. Following the six month period of inactivity, the former Market Partner may reapply under a new Sponsor, however, the former Market Partner’s Marketing Organization will remain in the original line of sponsorship.