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THE SALON ALLIANCE TERMS OF USE

These terms of use (these “Terms”) apply to both your access to, and your use of, the websites, online services or other electronic locations, materials, content or services (this “Site”) operated by Kao New Zealand Limited (“we” or “us”) or our related companies or affiliates. This includes www.thesalonalliance.com. By using this Site, including any content made available through this Site, you accept and agree to be bound by these Terms and all applicable laws and regulations.


I. Changes

We may change or add to these Terms at any time without notifying you, but we will use reasonable efforts to publish each amendment before it becomes effective.  We will ensure that the latest version of these Terms are linked through this Site.  You are responsible for regularly reviewing this Site to obtain timely notice of any additional terms that may apply. If you continue to use this Site after an amendment, you will be deemed to have accepted the amended version of these Terms.


II. License to use this site

Subject to these Terms, Kao New Zealand Limited grants you permission to access this Site through a personal limited license to use, view and download the materials available on this Site for non-commercial purposes, provided that with respect to any materials obtained from this Site, you may not do any of the following without our prior written consent: (a) modify the materials on this site in any way; (b) use the materials for any commercial purpose; (c) distribute, sell or transmit the materials; (d) publicly display or perform the materials; or (e) remove any copyright or other proprietary notices contained in the materials or on any copies of the materials. Any use of these materials on any other website or networked computer environment for any purpose without our prior written consent is prohibited. The materials on this Site are copyrighted and any unauthorized use of any materials may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any materials you have downloaded or printed from this Site.


III. Privacy Policy and Collection of Personal Information

Our privacy policy applies to your use of this Site and is available at [https://www.thesalonalliance.nz/Member/Privacy.cfm]“Privacy Policy”). The Privacy Policy may be updated from time to time. You may contact us with privacy questions as set out in our Privacy Policy. To the extent permitted by applicable law, by using this Site you consent to the collection, use, disclosure and other handling of your Personal Information as set out in our Privacy Policy. “Personal Information” includes information that is about an individual, which, whether independently or in combination with other available information, can be used to identify that individual. This includes name, address, email address, telephone number, photographs, videos, or sound recordings of individuals as well as any information collected through your Account. All Personal Information collected through your Account will be subject to our Privacy Policy.



IV. Your Account

As part of the functionality of this Site, you may register an Account. You are solely responsible for ensuring that the Access credentials remain secure and that your Account information is accurate, current and complete. This includes promptly notifying us of any changes to your Account information.
This Site is intended for Salons that have a valid account number or, individuals who are (i) of the legal age of majority, (ii) who reside in a jurisdiction where the content of this Site is legally permissible, and (iii) have a valid account number. Any use of this Site by anyone who does not meet those criteria is unauthorized, unlicensed, and will be deemed in violation of these Terms.

We have no obligation to investigate the obligation or source of any access or use of this Site or your Account. You are legally responsible for all activities that occur on your Account, even if the activity is done without your permission. You must immediately notify us of any unauthorized use of your Account or a breach of security with respect to your Account, any password, or any service provided through it. You must also provide reasonable assistance to us, as requested, to stop or remedy those occurrences.



V. Restrictions on the Use of Your Account

You must not register or access an Account on behalf of any individual other than yourself, except for legal entities that are not individuals (such as companies, partnerships, or societies), in which case you may not register or access an Account on behalf of that entity unless you are duly authorized to do act for that entity. In our sole discretion, with or without notice to you, we may take actions to protect against any violations, including terminating your Account, deleting or blocking content, or otherwise prohibiting you from using this Site. Regardless of whether we take action, it does not in any way waive any other legal right or remedy we may have against you.


VI. Third Party Services

Certain components of this Site may be administered and monitored by a third party. This includes our Salon Alliance site. While we may use any information you provide to Vanson via this Site, we are not responsible for any information provided by you to Vanson and it will be governed by your agreement and any applicable terms and conditions with the Vanson. We do not provide guarantees for services provided by Vanson. For such content, Vanson remains solely responsible.



VII. Content

In these Terms, “Content” means all materials and content available on or through this Site. This includes designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work. This also includes source code, processes, designs, technologies, URLs, domain names, trademarks and logos forming any part of this Site. Any of your Content that includes Personal Information is also subject to our Privacy Policy, and in the event of any contradiction between these Terms and our Privacy Policy with respect to Personal Information, the Privacy Policy will prevail.

Except where expressly stated otherwise, all right, title and interest in and to this Site and all Content that you did not provide yourself (“Our Content”) fully belongs to us. Our Content is protected by applicable copyright, trademark, patent, trade secret or other proprietary rights or intellectual property laws and is licensed subject fully to these Terms. You may not use, export or re-export Our Content or any copy or adaptation thereof in violation of any applicable laws or regulations, including export laws and regulations of Canada (including its provinces and territories), in force from time to time.

 

VIII. Content that is Created by You

This Site contains interactive features that allow you to provide Content that we do not claim any ownership over. This includes the Idea Exchange where you may comment, answer surveys and view links to Content. “Your Content” includes any Content that you post, upload, input, provide, submit or otherwise transfer to us or to any third party while using this Site. While we and other third parties and licensors approved by us have the right to use Your Content, we have no obligation to monitor Your Content regardless of any context or disclaimers you provide in connection with Your Content. You are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of Your Content, even if you did not create it.

If you make Your Content available in any way through this Site, we deem that to mean that you: (a) give us and any third party brand or licensor a royalty-free, fully paid-up (meaning we have no obligation to pay you), non-exclusive (meaning you may give it to others), irrevocable and perpetual (meaning that you may not terminate it, which we will explain below), license that is without any territorial or geographic limitation (a “Full License”) to use, copy, distribute, transmit, display, edit, modify, delete, publish and translate Your Content to the extent we reasonably determine it is necessary for us to provide this Site as it may exist in any medium from time to time; (b) give us, and any approved third party brands and licensors, a Full License to use Your Content in order to ensure adherence to, or enforce, these Terms, or to comply with any applicable law; (c) confirm, represent and warrant to us that you have all right, title and interest, as well as the power and authority necessary, to grant a Full License for us to use Your Content as set out above; and (d) agree to indemnify us from any actions, proceedings, claims, liabilities, damages and reasonable expenses (including legal expenses) relating to, or arising from, Your Content, including instances where Your Content (i) infringes any intellectual property rights, or (ii) is deemed inappropriate, profane, defamatory, infringing, obscene or unlawful. We will use commercially reasonable security measures to ensure that our personnel and any third party or licensor only use Your Content in accordance with the Full Licenses granted under these Terms. Your Content does not include any comments, ideas, suggestions or impressions of this Site or products of Kao New Zealand Limited and its affiliates or our products and services (collectively, the “Feedback”). You give us a Full License to use the Feedback for any purpose, regardless of whether the Feedback was actively solicited or not.

If you cannot provide Your Content in accordance with these Terms, we prohibit you from using it in connection with this Site.
You may always contact us regarding Your Content as set out in these Terms, this Site or in our Privacy Policy.

If we receive a complaint relating to your use of this Site, including as it relates to Your Content or your use of any third party content, we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and censor, alter or remove Your Content, or take any other action that is permitted by applicable law or these Terms. Nothing we do (or fail to do) waives or limits any rights or remedies that we have.


IX. Intellectual Property 

This Site and all Content (excluding Your Content) is owned and copyrighted by us and our licensors and is licensed to you in accordance with these Terms only. All rights are reserved. The trademarks, logos and service marks displayed on or through this Site, whether registered or unregistered, are the property of us, our licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without our prior written consent.


X. Prohibited Conduct

Without limiting anything else contained in these Terms, you must not, in connection with this Site, directly or indirectly post, upload, reproduce, facilitate, distribute or otherwise transmit any Content or take any action that:

(i)         violates any applicable law, statute, order or regulation;

(ii)        gives rise to civil liability;

(iii)       is obscene, hateful, inappropriate or objectionable, even if the material or its dissemination is lawful;

(iv)       constitutes defamation, harassment, stalking or abuse or abuse of any conduct that violates the legal rights of others;

(v)        advocates or encourages violence, abuse, hate or discrimination against a person or group based on age, creed, sex, sexual orientation, gender, family status, marital status, disability, race, ancestry, place or origin, ethnic origin, citizenship, colour, record of offence or association with a person identified by one of these grounds;

(vi)       constitutes unauthorized or unsolicited communications or other “spam”;

(vii)      infringes, violates, or misappropriates the personal rights or intellectual property rights of us or any third party;

(viii)     obtains unauthorized access to, or interferes by any means with, any user, system, network, service or account, including evasion of filters or violation of the security or integrity of any network or system;

(ix)       harvests, scrapes, or uses any robot, spider, crawler, script or other automated means not provided by us to access this Site or to extract data, collect information or otherwise interact with this Site;

(x)        distributes computer viruses, malware, cancelbots, Trojan horses, worms or other harmful or disruptive content of any kind to this Site, regardless of intent; or

(xi)       harvests, scrapes, extracts, collects, or stores Personal Information about others without their express consent.


XI. Termination

We may, in our sole discretion, suspend, restrict or terminate your use of this Site, including your Account and Your Content, effective at any time, without notice to you. You acknowledge and agree that our termination, curtailment, or suspension of this Site for any reason may result in restricting, disrupting or suspending your or a third party’s access to your Account and Your Content. We will not be held responsible nor liable for any claims of loss resulting from restrictions, disruptions or suspensions. By using this Site, you agree to release us from those claims. If your use of this Site is suspended or restricted, we have no obligation to forward any of Your Content to you or any third party unless required by applicable law. All provisions of these Terms that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.


XII. General Disclaimers

Your use of this Site depends on the public internet, including networks, cabling, facilities and equipment that is not in our control. Accordingly, (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the internet may not be completely private and your anonymity is not guaranteed.

The Content that you may access while using this Site may contain links to other websites or services. These links are provided solely for your convenience and are not endorsed, investigated or verified by us. As a result, we are not liable for any losses suffered connection with these third-party links including any damages arising from their products, services, content, privacy practices or any third parties named therein. Continuous review of third-party websites and services is not reasonable. However, if we become aware of any legal violations or infringements related to lined third party sites, such links will be removed immediately.

All use of this Site and any Content provided by us is to be used at your own risk. This Site and all Content, including all products and services provided under these Terms, are provided on an “AS-IS” and “AS-AVAILABLE” basis. We make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of this Site or any Content. We expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever.

Notwithstanding any other provision of these Terms, and to the maximum extent permitted by applicable law, in no event will we, our affiliates or our controlling parties, agents, employees, suppliers, licensors, resellers or distributors be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other expenses, damages or losses whatsoever, including (whether direct or indirect) damages for loss of profits, goodwill, opportunity, earnings, use or data, arising from or related to these Terms, this Site, or any Content or software in connection therewith, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable. To the maximum extent permissible under applicable law, we have no liability whatsoever to you for any other expenses, damages or losses. Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. To the extent that any disclaimers, exclusions and limitations in these Terms are prohibited by law, such disclaimers, exclusions and limitations will only apply to the extent necessary to make these Terms consistent with such prohibitions.


XIII. Waiver

No waiver of any provision of these Terms is binding unless it is in writing and signed by us. No failure to exercise, and no delay in exercising, any right or remedy, under these Terms will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of these Terms will be deemed to be a waiver of any subsequent breach of that provision.


XIV. Severability

The invalidity of any particular provision of these Terms does not affect any other provision contained herein, but the Terms are to be construed as if the invalid provision has been omitted.

XV. Notice 

Subject to our privacy policy we may provide you with notifications via email, in hard copy, through your Account, or through conspicuous posting of such notice on this Site, as we may determine in our sole discretion.  We will always comply with applicable anti-spam legislation when doing so.

 
XVI. Dispute Resolution

These Terms and the rights of the parties hereto are governed by, and construed and interpreted in accordance with, the laws of New Zealand. You hereby irrevocably submit to the exclusive jurisdiction of the courts of Auckland, New Zealand in connection with any matter arising out of or in connection with these Terms.

XVII. Relationship with You

No joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms or your use of this Site.

XVIII. Questions and Concerns

If you need technical support for this Site, please contact us. The corresponding function can be found on our web page under "Contact."