TERMS AND CONDITIONS

All products sold on Truebrow.com are sold by TrueBrow™ International.

TrueBrow™ International is a provider of Brow Training and cosmetic products. TrueBrow™ International is proud of its online efforts and is committed to maintaining the highest standards possible. This Terms of Use document allows our valued customers to feel comfortable knowing that TrueBrow™ International recognizes and supports the rights of its customers and users of the Site.

The website truebrow.com (including its forums, wiki and other web resources and other websites, hereinafter referred to as, “Site”) is owned and operated by TrueBrow™ International. This website is for your personal, non-commercial use only. The Site is not intended to offer any medical advice or opinions, either implied or explicit, and should not be used as such or as a substitute for advice from a medical professional. While the Site offers information about TrueBrow™ International courses and products, consumers should always read and consider the content before making use of the information provided. You should always consult a qualified accountant or lawyer before starting any business.

It is the sole responsibility of the Site User (herein referred to as “User”) to ensure they are abiding by the laws and regulations of their particular state, province and/or country.

Access to purchased online training material may take up to 48 business hours from the completion of your enrolment to be delivered. Your login details will be delivered to the email address you provided at the time of your enrolment.

If a physical product is purchased consumers should always read the label before using the purchased product and should consult a dermatologist before using any TrueBrow™ International products.

The material contained within the Site shall only be construed and evaluated according to Queensland Australia law.

NON-COMPETE COVENANT FOR ALL COURSE ENROLEES

For a period of three years post your effective date of enrolment, you will not directly or indirectly engage in any brow training related business that competes with TrueBrow™ International.

Non-solicitation covenant

For a period of three years after your effective date of enrolment, you will not directly or indirectly solicit business from, or attempt to sell, license or provide the same or similar products or services as are now provided to any customer or client of TrueBrow™ International. Further, for a period of three years after your effective date of enrolment, you will not directly or indirectly solicit induce or attempt to induce any employee, contractor or business associate of TrueBrow™ International to terminate his or her employment, contract or business relationship with TrueBrow™ International.

License to Use

Services and products to consumers are provided under a licensing agreement between TrueBrow™ International and practitioners trained by TrueBrow™ International through the training programs offered on this website. Your rights and obligations for your use of TrueBrow™ International techniques, methods and products are further delineated in the licensing agreement which is a condition of the training program.

Confidentiality

You agree that you will not at any time or in any manner either directly or indirectly use for the personal or business benefit or divulge, disclose, display or communicate in any manner any information that is proprietary to TrueBrow™ International. You agree to protect such information and treat it as strictly confidential.

Entire Agreement

This agreement contains the entire agreement between you and TrueBrow™ International regarding the subject matter of this agreement, and therefore are no other promises or conditions in any other agreement whether oral or written.

Sever Ability

We have attempted to limit the non compete provision so that it applies only to the extent necessary to protect legitimate business and property interests. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, the remaining provisions shall continue to be valid or enforceable.

ACCEPTANCE OF TERMS

By using, visiting, or browsing the Site, you accept, without limitation or qualification, these Terms of Use. If you do not agree to these Terms of Use, please do not use our services, purchase our products or visit our Site. These Terms of Use constitute the entire agreement between TrueBrow™ International and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of these Terms of Use.

REMEDIES

You acknowledge that damages for improper disclosure of Confidential Information may be irreparable; therefore, TrueBrow™ International may be entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies available at law or in equity.

CHANGES TO THE TERMS OF USE

TrueBrow™ International reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. You are bound by such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. You can review the most current version of the Terms of Use at any time by clicking on the “Terms and Conditions” hyperlink located at the bottom of the pages on the Site. By using the Site, you signify your acceptance of this Terms of Use. Your use of the Site after changes are made signifies your agreement and assent to be bound by the Terms of Use as they exist at that time.

REFUND POLICY

TrueBrow™ International reserves the right to refuse a refund to anyone who has purchased a course or product. Making a purchase through the Site assumes the user’s complete understanding of this policy.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure. If the failure is minor, we reserve our right to offer to repair only. We reserve the right to not offer a refund or an exchange coupon.

Please note that all sales of our training programs are final, and we do not offer refunds under any circumstances. Once you purchase a training program, you will have access to the course materials, resources, and support for the duration of the course period.

We understand that unexpected circumstances may arise that prevent you from completing the course, but we are unable to offer refunds or credits for partial completion of the program or for any other reason. By purchasing our training programs, you acknowledge and agree to this refund policy.

If you have any questions or concerns about our refund policy or our training programs in general, please feel free to contact us. We are always happy to assist you and provide any additional information you may need.

SHIPPING & FULFILMENT

From time to time our products may reach levels of high demand. We may enter a backorder in such situations. We will always contact you to let you know of the backorder and provide you with an estimated timeframe for production. We reserve the right to substitute a product that is similar to the product ordered.

As an international company we attempt to ship your orders in the speediest way possible. However, we cannot be responsible for delays when met with holidays and production delays. Our goal is to ship your order and have it received within a 1 to 3 week timeframe.

GUARANTEE AND WARRANTY

Products are provided without guarantee. In addition to the other disclaimer of warranties and limitation of liability set forth herein, the TrueBrow™ International product is sold ‘as is’ and without any warranty or guarantee of any kind, whether express or implied. The TrueBrow™ International product is being sold to you with no warranty as to merchantability or fitness for a particular purpose. TrueBrow™ International doesn’t warrant or guarantee anything to you with respect to the TrueBrow™ International product. There is no ‘warranty period’. There is no refund period.

However, without waiving any rights and defenses as described herein, in the event that the TrueBrow™ International product is deemed to be allegedly defective in the sole opinion and discretion of TrueBrow™ International, then the sole and exclusive remedy available to you is to accept a replacement of the TrueBrow™ International product or accept a credit toward the purchase of another product, if any, that may be offered by TrueBrow™ International from time to time at TrueBrow™ International’s sole discretion. The period of time within which you must submit a report by email detailing in what way the TrueBrow™ International product is defective and requesting that a replacement product be offered or shipped is 7 days.

If the sales or promotional material conflict with this “as is” warranty, then the sales and promotional material are herewith incorporated and shall be controlling. However, in no case, shall the warranty period be construed to be longer than the refund period.

SPECIFIC DISCLAIMERS AS TO RESULTS CLAIMS IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT

If claims about results from using TrueBrow™ International’s products were made and considered by you, you understand and acknowledge that such claims may be true for the persons who made the claims, including claims made by TrueBrow™ International about its principals’ own experiences with TrueBrow™ International. If you are purchasing and/or using a TrueBrow™ International product that was promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product, you hereby warrant and agree that there exists some probability that the product will not deliver those same results to any particular person and that a credit (subject to the return of the product to TrueBrow™ International as described herein) is the full remedy for anyone who feels that the product did not deliver the results claimed.

Where this disclaimer and claims made in sales and promotional materials describing details pertaining to TrueBrow™ International are in conflict, the Terms of Use and Purchase Agreement shall be controlling except, and unless, TrueBrow™ International deliberately misled you or if such construction would cause material inequity. The sole burden is exclusively upon you to substantiate any deliberate deception allegedly committed by TrueBrow™ International that, in specified ways, caused you to purchase TrueBrow™ International on one or more occasions. You accept the obligation to reimburse TrueBrow™ International for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event you brings suit against TrueBrow™ International and you do not prevail in court or at arbitration.

No warranties are made whatsoever about TrueBrow™ International products.

You, again, warrant that you have a clear understanding and agreement that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of this TrueBrow™ International product, the maximum amount of liability shall be the purchase price of the TrueBrow™ International product.

RIGHT TO STOP SELLING TrueBrow™ International PRODUCTS TO CERTAIN PURCHASERS

You agree that TrueBrow™ International has the absolute and sole right to continue and/or discontinue the sale of the TrueBrow™ International product at any time, for any reason, with or without notice.

You understand that TrueBrow™ International may discontinue providing customer service to current or prospective purchasers of TrueBrow™ International at any time with or without notice subject only to the terms set forth herein.

INTELLECTUAL PROPERTY

The Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, videos, audio, product names, designs, logos, trademarks and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of Queensland, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of TrueBrow™ International.

ANY AND ALL OF THE INTELLECTUAL PROPERTY IS PROVIDED IN CONFIDENCE TO THE PURCHASERS OF SUCH CONTENT. THIS IN NO WAY GRANTS ANY RIGHTS TO THE PURCHASER TO DISSEMINATE, SHARE OR USE THE INTELLECTUAL PROPERTY FOR ANY PURPOSE OTHER THAN THEIR OWN SELF TRAINING AND KNOWLEDGE. AT NO TIME MAY THE INTELLECTUAL PROPERTY BE SHARED WITH OTHERS, USED OR DISCLOSED IN ANY WAY THAT WOULD BREACH THESE TERMS. THIS INCLUDES THE USE OF THE INTELLECTUAL PROPERTY FOR THE TRAINING OF STAFF INSIDE OR OUTSIDE OF SALONS OR CLINICS.

COPYRIGHTS

The copyright in all materials provided on the Site is owned by TrueBrow™ International or its affiliate(s). Subject to the following exception, none of the material contained in the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of TrueBrow™ International. Site visitors may only view the materials on the Site for personal, noncommercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. TrueBrow™ International may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded materials. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

TRADEMARKS

The trademarks, service marks and logos (“Trademarks”) used and displayed on the Site are either registered or unregistered Trademarks of TrueBrow™ International or its affiliate(s) or used under license. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Site without the prior written consent of the Trademark owner. The name TrueBrow™ International or any of the Trademarks may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Site without the prior written consent of TrueBrow™ International. TrueBrow™ International prohibits use of its name or any TrueBrow™ International logo and Trademarks as a “hot” link to any non- TrueBrow™ International Site, unless establishment of such link is approved in advance by TrueBrow™ International in writing.

Your use of the Site does not provide you with ownership rights to any Intellectual Property viewed through the Site nor does it waive any of TrueBrow™ International’s rights in such information and materials. TrueBrow™ International will aggressively enforce its intellectual property rights to the fullest extent of the law.

LIMITED RIGHT TO USE

The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.

HEALTH DISCLAIMER

Any statements on this site or any materials, brow artistry products, skincare or supplements distributed or sold by TrueBrow™ International have not been evaluated by the Therapeutic Goods Administration. No products offered are intended to diagnose, treat, cure or prevent any disease or ailment. If you are pregnant, nursing, taking medication, or have a history of skin problems, we suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results.

SITE USER CONDUCT

You must be 18 years of age or older to access our Site. As a user of the Site, you agree that in connection with your use of the Site and the content you will not:

* Upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise illegal or objectionable;
* Impersonate any person or entity;
* Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Site;
* Use the Site for any unlawful purpose;
* Upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
* Upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
* Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
* Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
* Interfere with or disrupt the Site, the services, the content or servers or networks connected to the Site, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, the services, and/or the content, the terms of which are incorporated herein;
* Intentionally or unintentionally violate any applicable local, state, national, or international law.

TERMINATION

TrueBrow™ International reserves the right to terminate your access to the Site or any of its products or services if it determines that you do not comply with these Terms of Use; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of TrueBrow™ International’s rights or interests in its Site, products, services, or other property; or for any or no reason whatsoever without prior notice to you. Upon termination, you must cease use of TrueBrow™ International Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise.

USER SUBMISSIONS

TrueBrow™ International or any of its affiliates is free to use, without limitation, any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may send to the Site without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or improving the Site or other web sites. Furthermore, by posting any information on our Site, you grant us a nonexclusive, royalty-free, worldwide, perpetual license to display, use, reproduce, or modify that information.

DISCLAIMER OF WARRANTY

The materials and products contained and sold through the Site are provided “as is” and without warranties of any kind either expressed or implied. 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, or other violations of rights. We assume no liability or responsibility for any errors or omissions in the content of the site, that defects will be corrected, or that any TrueBrow™ International site or the servers that make such materials available are free of viruses or other harmful components; any failures, delays, malfunctions, or interruptions in the delivery of any content contained on the Site; any losses or damages arising from the use of the content provided on the Sites; or any conduct by Users of the site, either online or offline. We do not warrant or make any representations regarding the use or the results of the use of the products or materials on any TrueBrow™ International site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall TrueBrow™ International, its officers, managers, members, employees, contractors, attorneys or agents be liable (jointly or severally) for any direct, indirect, special, incidental or consequential damages of any kind, including, but not limited to, use of the products offered by TrueBrow™ International, loss of use, data, or profit, on any theory of liability, arising out of or in connection with the use or the inability to use the products offered by TrueBrow™ International or the materials on the site, even if TrueBrow™ International or any TrueBrow™ International representative has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

LINKS

The Site may provide links to other World Wide Web sites or resources. TrueBrow™ International has not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any TrueBrow™ International Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any TrueBrow™ International Sites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against TrueBrow™ International with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither TrueBrow™ International nor its affiliates, employees, managers, members, officers, attorneys or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Site. No link to the Site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Site must be to TrueBrow.com. Deep linking to internal pages of this Site is expressly prohibited without prior written consent from TrueBrow™ International.

INDEMNITY

You agree to defend, indemnify, and hold harmless TrueBrow™ International, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Site or your breach of these Terms of Use. TrueBrow™ International shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

CHOICE OF LAW

You agree that any issue or dispute arising out of or in connection with your use of our Site, intellectual property, the Terms of Use, or any matter concerning TrueBrow™ International shall be governed by the laws of Australia and the State of Queensland. You agree that any such issue or dispute shall be brought exclusively in the federal or state courts located in the State of Victoria. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

By using the Site, you agree to comply with all applicable laws and regulations, including, without limitation, those of Queensland. The material provided on the Site is protected by law including, but not limited to, Queensland copyright and trademark law and international treaties. TrueBrow™ International makes no representation that materials contained in the Site are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site, or purchase or use TrueBrow™ International products, in or from other locations outside Queensland do so at their own initiative and are responsible for compliance with applicable local laws.