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Terms of Use

Welcome to Beautiful Glowing Skin. You have found us at www.rojank.com.au (our Website). We are Rojank Australia Pty Ltd (ABN 28 626 957 819), call us Rojank. In these Terms and Conditions, we also call ourselves “we”, “us” and refer to our rights, obligations and things as “Our/Ours”.

 We call you, our website viewer and for some, customers, “You”.

These Terms and Conditions govern:

How We interact with You,

Our terms of sale for our Products; and

Our commitment to You with regards to your privacy and your consumer rights.

The Terms and Conditions also set out Our expectations on Your conduct and obligations when visiting this Website and purchasing Products from Us.

This Website is intended for use by people residing in Australia. The statements made available on this Website do not apply outside Australia.

OVERVIEW

This website is operated by Rojank. Rojank offers this website, including all information, tools and services available from this website to You, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (Terms), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, You agree to be bound by these Terms. If You do not agree to all these Terms, then You may not access the website or use any Services. If these Terms are considered an offer, acceptance and performance of the terms is expressly limited to these Terms.

We may change the Terms by posting updates and/or changes to Our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes. We will endeavour to alert you to any significant changes to these Terms of Use the next time you use the Website where practicable, but we are under no obligation to do so. You should regularly check these Terms of Use to make sure you are familiar with the most current version. Our store is hosted on Shopify Inc. They provide Us with the online e-commerce platform that allows Us to sell Our Products and services to You. To proceed with purchasing products on our Website, You will be required to indicate that You have read, understood and agree to the Terms in effect at that time.

By agreeing to these Terms and/or agreeing to purchase Products from us in accordance with these Terms, you represent that you are at least 18 years of age, or if you are not 18 years of age that you are using Our website and/or purchasing the Products as necessities to maintain your lifestyle.

PRIVACY POLICY

Our privacy policy, setting out how we obtain, store, protect and use your personal information, can be found below. By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy. You also warrant that all data provided by you is accurate and up-to-date. Please note that it is your responsibility to maintain and promptly update any account information you might provide to us for accuracy and completeness. 

TERMS OF WEBSITE USE

Your obligations when using our website:

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

A breach or violation of any of the Terms will result in an immediate termination of your Services. We may also report any breach to the relevant law enforcement authorities and disclose your identity to them.

If, at Our request, You send certain specific submissions (for example contest entries) or without a request from us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, Comments), You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that You forward to Us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that Your comments will not violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

You may link to our home page, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by You.

This Website must not be framed on any other site, nor may You create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Our obligations to you when using our website:

We reserve the right to refuse Service to anyone for any reason at any time.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or to Your downloading of any material posted on it, or on any website linked to it.

We may, in the future, offer new Products, services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and additional Terms specific to the new features and/or services.

NO RELIANCE ON INFORMATION

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at Your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

We may provide You with access to third-party tools over which We neither monitor nor have any control nor input. You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools. Any use by You of optional tools offered through the website is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on the website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are under no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to You.

You expressly agree that Your use of, or inability to use, the Service is at your sole risk.

Other than to the extent required by Australian Consumer Law, the Service is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied. To the extent permitted by law (including the Australian Consumer Law), You acknowledge that any reliance on any such advice, opinions, statements, articles or other information shall be at Your sole risk. Rojank reserves the right to correct any errors or omissions in any portion of this Website. You understand and agree that except as required by law (including the Australian Consumer Law), Rojank will not be held responsible for inaccuracies or errors caused by incorrect information supplied to Us or by manufacturers or suppliers changing product specifications without notice to Us. You agree to make Your own enquiries to verify information provided and to assess the suitability of products before You order Products.

Unless we are not permitted to do so by law (including under the Australian Consumer Law), Rojank excludes all liability to You or any other person for loss or damage of any kind or nature relating in any way to the Website, including without limitation loss or damage You or any other person might suffer as a result of: (a) errors, mistakes or inaccuracies on the Website; (b) acting or not acting on any information contained or referred to on the Website and/or any linked website; (c) personal injury or property damage of any nature resulting from Your access to or use of the Website; (d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers; (e) any interruption or cessation of transmission to or from the Website; (f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or (g) the quality of any product or service of any linked website.

Except as required by law (including the Australian Consumer Law), in no event shall We or any of our employees, directors, officers, agents, affiliates, related entities, vendors or suppliers be liable to You or any other person for any loss or any special, incidental, indirect or consequential damages arising out of or in connection with Our Website, the use or inability to use Our Website or the Contents, or these Terms (however arising, including negligence), including without limitation damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results or computer failure or malfunction, even if Rojank has been advised of or should have known of the possibility of such damages.

INDEMNITY

To the extent permitted by law (including the Australian Consumer Law), You will at all times indemnify, and keep indemnified, Us and Our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by You or by us arising from any claim, demand, suit, action or proceeding by any person against You or Us where such loss or liability arose out of, in connection with or in respect of Your conduct or breach of these Terms.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content made available to You on or through this Website and Social Media remains the property of Rojank or its licensors and are protected by trade mark, copyright laws and treaties around the world. All such rights are reserved by Rojank and its licensors.

 You may store, print and display the content supplied solely for Your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to You or which appears on this Website nor may You use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Rojank with registered trademarks belonging to Rojank. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Rojank.

GENERAL TERMS

These Terms and Conditions and any separate agreements where we provide You Products or Services shall be governed by and construed in accordance with the laws of Victoria. You irrevocably submit to the exclusive jurisdiction of the courts of the Victoria, Australia.

These Terms and Conditions constitute the entire agreement between Rojank and You with respect to Your use of this Website and Your purchase of Products from Us.

We will not be liable for any delay in performing any of Our obligations under these Terms and Conditions if such delay is caused by circumstances beyond our reasonable control. If We do not exercise or enforce any right or provision under these Terms and Conditions, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms and Conditions will only be effective if it is in writing and signed by Us.

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

If any provision of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

You agree and acknowledge that, in the event that We merge, sell or otherwise change control of Our company, Our business or the Website to a third party: (a) We shall be permitted without giving notice or seeking prior consent from You to disclose the personal information and other data that we have collected from You to that third party; and (b) We shall be entitled to assign the benefit of any agreements we have with You to the third party.

Questions about these Terms and Conditions should be sent to us at rosie@Rojank.com.au

TERMS OF USE

All sales of Products and associated services are governed by these Terms unless specified otherwise. You will be required to indicate that You have read, understood and agree to these Terms immediately prior to finalising any orders placed on our website.

AVAILABILITY OF PRODUCTS

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return & Exchange Policies applicable to that Product. The inclusion of any products on this Website at a particular time does not imply or warrant that these Products or services will be available at any time. We will endeavour to include a statement on the Website when we aware that a particular Product is out of stock, but we are under no obligation to do so. We reserve the right to notify you that Products for which you placed orders have become unavailable. In the event that you order a Product from the Website and we later inform you that we no longer stock the Product you had originally ordered: (a) we will not charge you for the Product that we have not supplied to you; (b) we will contact you to discuss whether we are able to provide you with a substitute Product; and (c) except as required by law (including the Australian Consumer Law), we will not be liable to you for any resulting loss.

We have made every effort to display as accurately as possible the colours and images of our Products. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at Rojank’ sole discretion. We reserve the right to discontinue any Product at any time.

MODIFICATIONS

Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Products without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Products or the Service.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made.

ORDER PROCESS

Products displayed on the Website do not constitute an offer to sell. It is an invitation to treat only. Orders placed by You are offers to purchase particular Products in accordance with these Terms at the price specified.

To the extent permitted by law including the Australian Consumer Law, We reserve the right to accept or reject Your offer for any reason (or no reason), including without limitation the unavailability of any Product, limitations on quantities available for purchase, an error in the price or Product description, problems identified by our credit department, or an error in Your order. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it. If you have any problems with your order, you must go through the normal returns & exchange process outlined below (see "Return & Exchange Policies").

PRICING, PAYMENT GST

The prices of Products are shown in Australian dollars and include GST where applicable. All payments must be received in full prior to dispatch. Payment options for Products you wish to purchase will be provided at the point of purchase, which are subject to change without notice. If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the Product against your order. In such instances we do not guarantee that the Product will be available should you try to order it again.

DELIVERY

Subject to these Terms, we will supply the Products shown on your order confirmation. Refer to “Shipping & Delivery” for shipping rates and Terms on Delivery.

TITLE & RISK

We retain ownership of Products You order until payment is received in full for those Products. Risk (including without limitation risk of loss or damage) and title for products purchased from this Website pass to you upon delivery of the items to You.

RETURNS & EXCHANGES

If for whatever reason you are not completely satisfied with your Rojank Products, let us know and we will arrange for an easy returns/exchange.  Refer to “Easy Returns & Exchange” Terms & Conditions.

PROMO CODES

From time to time, Rojank may offer promo codes which may apply to any, or certain specified purchases made through the Website. Each Promo Code will be subject to specific terms & conditions specified at the time the promo code is issued (including the length of time to use the code) in addition to those mentioned in these Terms. There are several ways of receiving a promo code – we may send you one via email if you have signed up for marketing emails and promotions with Rojank; you may find a promo advertised on Rojank Website, or through social media channels; you may hear a radio advertisement with a promo code, or see a promo in our retailer stores.

PROMOTIONS AND COMPETITIONS

For certain campaigns, promotions or contests, additional terms and conditions may apply. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail. By participating in such a campaign, promotion or contest, you are agreeing to the relevant terms and conditions applicable to that campaign, promotion or contest.

All competitions and these terms and conditions will be governed by Victoria law and any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

GIFTS

If the item was marked as a gift when purchased and shipped directly to You, You will receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to You. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to You later, we will send a refund to the gift giver and they will find out about Your return.

EMBRACE NATION LOYALTY PROGRAMME

By signing up to Rojank Embrace Nation Loyalty Program, You will be rewarded for being a loyal customer of Rojank. Refer to “Embrace Nation Loyalty Program” Terms & Conditions.

STATUTORY RIGHTS

Our Products may come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) if you are a consumer and those Products are of a kind ordinarily acquired for personal, domestic or household use and consumption, or cost less than $40,000, and are not re-supplied by you. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. These statutory guarantees give You certain rights that We cannot exclude, restrict or modify, except in the limited circumstances set out under the sub-heading "Limitation of Liability for Statutory Guarantees" below. As outlined more fully in the Australian Consumer Law, if a Product we supply to you fails to meet a statutory guarantee and that failure cannot be remedied or is a "major failure", subject to the provisions of the Australian Consumer Law, You are entitled to return the Product to Us and receive a full refund or replacement (at your election). Alternatively, You may (at Your election) choose to keep the Product and recover from us the difference between the price You paid for the Product and the value of the Product. As outlined more fully in the Australian Consumer Law, if a Product We supply to You fails to meet a statutory guarantee and that failure can be remedied and is not a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to ask Us to remedy the failure. We are entitled to choose how We remedy the failure, including by either: (a) replacing the Products; or (b) by providing a full refund. You accept and acknowledge that the provisions of the Australian Consumer Law will determine: (a) which products are covered by such statutory guarantees; and (b) Our liability to You for any failure of a Product to meet a statutory guarantee (except where Rojank has expressly chosen to limit its liability as permitted by the Australian Consumer Law as provided for under the sub-heading "Limitation of Liability for Statutory Guarantees" below). The statutory guarantees are in addition to any rights You may have under any voluntary and express warranties offered by Rojank. Except as expressly set out under the sub-heading "Limitation of Liability for Statutory Guarantees" nothing in these Terms excludes, restricts or modifies Your rights under the Australian Consumer Law.

If You think you have a reaction to the Product, please let Us know straight away by contacting our beautyguru@rojank.com.au. Please include as many details as possible about the order, the problem and evidence of the reaction with the Product (photo or in-store sighting)

LIMITATION OF LIABILITY FOR STATUTORY GUARANTEES

Where the Products we supply to You are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability to You for failure to meet a statutory guarantee under the Australian Consumer Law (other than our liability for guarantees as to title, undisclosed securities and undisturbed possession, which we cannot limit) is limited to doing one or more of the following (at our election): (a) in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the payment of the cost of replacing the goods or acquiring equivalent goods. (b) in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.

GENERAL TERMS

These Terms and Conditions and any separate agreements where we provide You Products or Services shall be governed by and construed in accordance with the laws of Victoria. You irrevocably submit to the exclusive jurisdiction of the courts of the Victoria, Australia.

These Terms and Conditions constitute the entire agreement between Rojank and You with respect to Your use of this Website and Your purchase of Products from Us.

We will not be liable for any delay in performing any of Our obligations under these Terms and Conditions if such delay is caused by circumstances beyond our reasonable control. If We do not exercise or enforce any right or provision under these Terms and Conditions, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms and Conditions will only be effective if it is in writing and signed by Us.

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

If any provision of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

You agree and acknowledge that, in the event that We merge, sell or otherwise change control of Our company, Our business or the Website to a third party: (a) We shall be permitted without giving notice or seeking prior consent from You to disclose the personal information and other data that we have collected from You to that third party; and (b) We shall be entitled to assign the benefit of any agreements we have with You to the third party.

Questions about these Terms and Conditions should be sent to us at rosie@rojank.com.au