Terms and Policies | Atomy Australia

Member Agreement

1. YOUR ACCEPTANCE OF THE TERMS

Atomy Oceania Pty Ltd (collectively “Atomy”, “we”, “our”) is a wholly owned subsidiary of Atomy Co., Ltd which owns and operates a networking marketing business worldwide under the brand “Atomy”.

The following are terms and conditions of a legal agreement which govern your rights and obligations as a member of Atomy (Member Agreement). If you do not agree to the terms and conditions set out in this Member Agreement, please do not use any of our services. If you continue to use and access our services after reading this Member Agreement, you agree to be bound by the Member Agreement.

This Member Agreement is also subject to our General Terms of Use and our Privacy Policy available at our website (Site):
https://www.atomy.com/au/home/Common/ProtectPrivacy.

2. MEMBERSHIP

2.1. Eligibility
The following criteria must be met by you as an applicant (Applicant) to be eligible for consideration to become a member of Atomy:

(a) the Applicant must be a natural person and at least 18 years of age;
(b) the Applicant must be sponsored by a current Member of Atomy (Line Sponsor);
(c) the Applicant must complete and submit an online application to become a member of Atomy (Membership Application);
(d) the Applicant must not be an officer or employee of Atomy, its subsidiaries, or related entities;
(e) the Applicant must not be a married spouse or de facto partner of another Member of Atomy; and
(f) any other criteria which may be imposed by Atomy from time to time.

2.2. Acceptance of Membership
Atomy may at its absolute discretion accept or reject any Membership Application as it deems appropriate without having to provide justification or reasons to the Applicant for such decision.

2.3. Member Access & Commencement
You shall become a member of Atomy (Member) when you receive a written confirmation that your Membership Application has been accepted by Atomy. Until such time, you are not permitted to make any purchase of Atomy’s Products and Services (Atomy Products and Services). Your access to our Site after account registration does not mean your Membership Application has been accepted nor that the Membership Application will be considered for acceptance.

2.4. Term of Membership
The term of the membership shall commence from the date of the acceptance of the Applicant’s Membership Application and registration on Atomy’s records (Commencement Date) and continue for a period of twelve (12) months unless otherwise terminated by the parties in accordance with this Agreement (Term).

2.5. Renewal of Membership
A Member’s membership with Atomy will be automatically renewed at the expiry of the Term for a further period of twelve (12) months provided that:

(a) the Member continues to satisfy the eligibility requirements specified in clause 2.1 of this Agreement (or as otherwise specified or modified by Atomy from time to time);
(b) the Member has purchased at least one (1) product from Atomy every six (6) months from the Commencement Date; and
(c) the Member has purchased at least one (1) product from Atomy within 12 months thereafter.

If a Member does not meet any of the above conditions, his/her membership will expire at the end of the applicable Term unless a reinstatement application is made within one (1) month of the expiry of the Term.

2.6. Rejoining
Following automatic termination of membership under clause 2.5 above, a Member may apply to rejoin as a new Member at any time unless he/she was classified as Sales Master, Diamond Master or above under the Compensation Plan, in which case, the Member can only rejoin after a period of at least twelve (12) and twenty-four (24) months, respectively.

A member who voluntarily terminated their membership can also rejoin as a new Member after a period of at least twelve (12) months from the termination date.

2.7. Membership Payment
There is no application or joining fee to become a Member.

2.8. Membership Status
Upon acceptance of the Membership Application by Atomy, the Member will obtain a status of a ‘Consumer’.

Should a Consumer Member wish to make a transition to a ‘Distributor’ status, they must complete and submit an online application a copy of ABN confirmation advice, and a scanned certified copy of one of the following documents (Transfer Application):

(a) Australian or foreign passport; or
(b) Australian Driver’s Licence; or
(c) Australian state or territory issued proof of age card; or
(d) Keypass

Atomy may, at its absolute discretion accept or reject any Transfer Application as it deems appropriate without having to provide justification or reasons to the Member for such decision.

Within five (5) business days of receiving written notice of acceptance of the Transfer Application, the Distributor Member must provide their Australian bank account details (including but not limited to, name of bank, BSB and account number) to Atomy.

2.9. Change of Membership Place to Australia
Should a Member of Atomy whose country of primary membership activity (Nationality) is another country wish to change their Nationality to Australia, they must satisfy the following conditions (conditions which may be amended from Atomy from time to time):

(a) the Member has a status that of a ‘Distributor’; and
(b) the Member does not have any unpaid commissions in their current country of Nationality.

2.10. Line Sponsor Change
Should a Member wish to change their Line Sponsor, they must make a written request to Atomy within ten (10) days of the acceptance of their Membership Application. However, such Line Sponsor change will only be approved provided that:

(a) the proposed new Line Sponsor’s ID number is lower than the Member;
(b) the proposed new Line Sponsor has not already sponsored another member; and
(c) no purchase has been made by the Member.

3. MEMBER BENEFITS

3.1. Access to Atomy Products and Services
Members will have access to the “Shopping Mall” section at the Site and will have access to a range of Atomy Products and Services for purchase as made available from time to time.

The prices displayed on the “My Atomy Mall” are prices which are exclusive to Members and such information must be kept confidential from any and all non-Members.

3.2. Minimum Purchase Requirement
Other than those set out in clause 2.5 above, there is no minimum purchase order requirement to maintain membership with Atomy.

3.3. Member Becomes Line Sponsor
Upon Atomy’s acceptance of a Membership Application and the Applicant being successfully registered in the records of Atomy as a Member, the Member will be provided with a unique Line Sponsor ID to refer other potential members who seek to become a member of Atomy and thereby purchase Atomy Products and Services.

A Member must use their Line Sponsor ID in strict compliance with the terms of this Agreement.

3.4. Compensation Plan
During the Term and any renewal terms, Members will have access to a Members-only commission-based program titled the “Compensation Plan” in accordance with the information made available at: https://www.atomy.com/au/Home/Business/MarketingPlan, which may be specified or modified by Atomy from time to time by:

(a) changing the way that commissions, awards or points are earned by Members;
(b) change the way that commissions, awards or points may be redeemed by Members;
(c) adding or removing commissions, awards or points in whole or in part;
(d) forfeit, cancel or suspend commissions, awards or points in whole or in part;

Benefits
Benefits under the Compensation Plan are be awarded to a Member when:

(a) the Member purchases Atomy products; and
(b) the Member refers other customers to Atomy who become Atomy Members provided:

(i) the referred Member is linked to the Line Sponsor ID of the referring Member; and
(ii) the referred Member completes a purchase of an Atomy Product or Service.

Benefits are awarded as specified in the Compensation Plan. These benefits, commissions and awards are not transferable between Members or to third parties. Members can only claim the benefits specified in the Compensation Plan during the Term (or any renewal terms) and while being a current Member.

The benefits awarded under the Compensation Plan are not proprietary to the Member and cannot be claimed as the Member’s property or assigned, sold, or otherwise transferred to a third party. The benefits indicate an amount that will be paid by Atomy to the Member as an incentive for purchases and/or referrals that convert to sales purchases connected with the referring Member’s Line Sponsor ID. Members must accept the benefit in the form that is provided to them by Atomy and cannot exchange, supplement or convert an award for a monetary payment without the express written authority of Atomy. If commission paid to a Member is returned at no fault of Atomy (e.g. due to the Member not providing correct or up-to-date bank account details), Atomy may deduct any charges, fees and costs incurred as a result from the commission payable to the Member.

Line Sponsor ID
Members are responsible to ensure that any of its referred Members use its own Line Sponsor ID. Atomy takes no responsibility in ensuring that the Line Sponsor ID used by a new referred member is accurate, or is that of the referring Member’s Line Sponsor ID.

3.5. Membership Access & Referral License
Members are granted a revocable, non-exclusive, non-assignable, and a limited referral license to recommend and refer Atomy Services and Products within Australia for the Term (and any renewal term(s)).

At all times, the Members are required to:

(a) act in good faith and provide assistance and co-operation as requested by Atomy (acting reasonably) from time to time;
(b) ensure that any persons the Member refers to Atomy to become members are genuine consumers of Atomy Products and Services and not consumers who intend to resell Atomy Products and Services ;
(c) deal ethically, honourably and fairly with potential customers of Atomy Products and Services;
(d) provide to potential customers true, complete and accurate information in a professional and courteous manner and in accordance with any product instructions, technical information, or usage directions as specified on each product packaging and/or any accompanying documentation;
(e) advise potential customers of any necessary precautions needed to be taken prior to use of any Atomy Products and Services;
(f) abide by all laws within the jurisdiction in which the Member resides;
(g) stay informed and comply with policies, rules, requirements, documentations prepared and published by Atomy and responsibilities of Members at all times and as specified by Atomy from time to time;
(h) maintain in strict confidence the pricing policy and other Member information relating to Atomy Products and Services made available to Members on the Site;
(i) comply with all lawful and reasonable requests of Atomy in relation to the membership, Atomy Products and Services;
(j) promptly inform and report conduct of other Members that the Member reasonably suspects or knows to be in a breach of this Agreement as soon as the breach becomes known to or suspected by the Member.

4. WEBSITE USE
Your use of our Site currently operating under the domain name www.atomy.com/au is governed by the General Terms & Conditions which published and made available under the domain: https://www.atomy.com/au/home/Common/ProtectPrivacy.

5. MEMBER PROHIBITED ACTIONS

5.1. Actions not permitted
Atomy prohibits the use of the Site, Products and Services and its Intellectual Property in any manner other than as expressly allowed by Atomy in the terms of this Agreement. You agree that you will not do any of the acts specified below and without limiting the rights Atomy may have, you agree that Atomy may suspend, terminate or delete your Account and terminate your membership immediately and without notice if you:

(a) Payment: charge or attempt to charge a fee to potential Atomy members in exchange for any of the following:

a. sponsoring for a Membership Application;
b. an offer to assist a prospective member in its Membership Application;
c. training or providing information to a prospective member or customer on Atomy Products and Services;
d. admission tickets or invitations to attend seminars, meetings or other informational events;
e. for any other action that relates to obtaining information about Atomy Membership, products or services;

(b) Accurate Information:

a. lie or mislead Atomy (and, in some circumstances, other Members) about your personal details that you provided in your Membership Application; and
b. attempt to register more than one Membership with Atomy under a different identity including a business name or company name;

(c) Registration of Another Person: register or apply for an Atomy membership for another person without their express written consent;

(d) Registration of Spouse: register your spouse through a separate Membership Application or fail to disclose in your Membership Application that you have a spouse;

(e) Misrepresentation or Misstatement: misrepresent, mislead, or misdescribe Atomy Products and Services or Membership benefits to third parties, prospective members or prospective customers;

(f) Disclosure of Confidential Information to non-Members

a. disclose Atomy Membership prices to any non-Member of Atomy; and
b. disclose Atomy Product or Service information to any non-Member who is not authorised to receive Atomy promotion material, without the prior express written consent of Atomy;

(g) Unauthorised Use of Atomy’s Intellectual Property: use Atomy’s Intellectual Property (defined below in clause 6) including but not limited to its trade mark, logo or other materials in any way that is not expressly authorised in this Agreement;

(h) Selling Products

a. sell or attempt to sell Atomy Products or Services using any unauthorised method, that is, not through the official Atomy Site (or other official Atomy forum) or that is not expressly authorised by this Agreement or as otherwise authorised by Atomy in writing from time to time;
b. For avoidance of doubt, prevented methods of sale include but are not limited to:

i. unofficial and websites or online forums not approved by Atomy such as:

1. bidding or auction sites (such as but not limited to www.ebay.com), social media forums (such as but not limited to Facebook, Twitter, Instagram, Snapchat etc.) , or other websites such as Amazon, AliExpress or other similar sites;
2. social smart device applications (such as but not limited to KakaoTalk Messenger, WeChat, WhatsApp, Viber, Facebook Messenger etc.) or requesting a third-party to do so on your behalf;
3. blogs or websites that are owned or controlled by you and includes any business or company website;

ii. requesting non-Atomy approved websites or third parties to host Atomy Products and Services, or Line Sponsor IDs for display, publications for sale;
iii. retail sales environments such as shopping centres, markets, pop up stalls or shops, street vendors, public areas (such as public streets or car parks). or other similar locations;
iv. personal places of residence, such as your house, or the house of a family member or friend;
v. any other method Atomy prohibits in its sole discretion from time to time;

(i) Conduct between Members and Customers: stalk, harass, threaten, defame, abuse, racially or sexually vilify, bully or harm another individual or Member;

(j) Transactions between Members: enter into unauthorised transactions or illegal transactions of any kind including transactions that may occur between Members;

(k) Competing Products and Services: sell or represent to current and prospective customers of Atomy other non-Atomy products or services that may reasonably be regarded as products or services that compete with Atomy Products and Services;

(l) No Joining other MLMs: accept membership of, apply for, or be a member of any other Multi-Level Marketing (MLM) business during the Term;

(m) Forcing Sales

a. encourage or promote a Member down lines or consumers to purchase Atomy Products and Services in a manner that may be reasonably regarded as coercive, applying excessive pressure or in a manner that is not genuine promotion for the sale of products or services for the dominant purpose of consumer consumption;
b. represent that the purchasing of Atomy Products and Services is necessary to become a Member of Atomy or to obtain information about Atomy Products and Services

(n) Changing of Line Sponsor

a. change or attempt to change sponsors without the express written consent of Atomy;
b. entice offers, solicit, influence or persuade another Member to change or attempt to change their Line Sponsor or line of sponsorship;

(o) Change of Atomy Representative Company: change or attempt to change your Membership to another Atomy centre to obtain similar Atomy Products and Services as offered by Atomy Oceania Pty Ltd;

(p) Respect Member Customer Lines: recruit or attempt to recruit customers, Members, prospective customers or Members that have been introduced to Atomy by, or comprise of the sales lines of another Member;

(q) Publication of Line Sponsor ID: publish your or any Line Sponsor ID on personal websites, internet-based applications, social media applications, social media websites or other media forum including newspaper, magazines, television and radio;

(r) Alteration of Information, Products or Services: alter, modify or change any of the products or services of Atomy (including packaging, accompanying information, and instructions) in any manner (including attempted alteration, changes or modifications) without the prior written authority of Atomy;

(s) Genuine Purchase: purchase Atomy Products and Services with the dominant purpose of benefiting from the Compensation Plan, and not for the purposes of unauthorised reselling of Atomy Products; and

(t) No Broad Advertising and Promotion: not publicly promote or publish invitations to meetings, invitations to learn about Atomy and its Products and Services with the purpose of inducing or soliciting Membership.

6. INTELLECTUAL PROPERTY

6.1. Meaning of Intellectual Property
“Intellectual Property” means all copyright, trade mark rights, logo, patent rights, design rights or any other Intellectual Property Rights subsisting in or created during the development of the Products, Atomy website, Atomy business, and the Trade Marks and any advertising and promotional materials provided to the Member including software, Confidential Information, source and object codes, scripts, records, documents, advertising and promotional materials, media content, specifications, plans, program listings, calculations or drawings and all Confidential Information necessary for, or which may be used in connection with the administration, operation and marketing of the Atomy Products and Services.

6.2. Use
Members agree that all rights in and relating to the Intellectual Property are and remain the property of Atomy and that the Members do not acquire any right, title or interest in any of the Intellectual Property.

Members must:

(a) not register or seek to register any of the Intellectual Property;
(b) not cause any of the Intellectual Property to be prejudicially affected or contested;
(c) not use the Intellectual Property without the prior express written authority of Atomy;
(d) not make any alterations to the Intellectual Property;
(e) not use the Intellectual Property for personal use such as in the Member’s personal business, or personal domain names;
(f) stop using the Intellectual Property upon the termination of this Agreement or Membership or immediately upon a request made by Atomy;
(g) not modify the design, appearance and attributed of any products or services, packaging, promotion or marketing materials;
(h) not register or attempt to register a business name or company name that contains the word “Atomy” or any combination of words that indicates a connection with or is similar to Atomy;
(i) not consent or oppose or assist any other person to contest or oppose any application for registration of the Intellectual Property as trademarks or as business or company names;
(j) not reproduce, in whole or in part, any printed material or audio or visual recordings that have been produced by Atomy unless Atomy provides a prior written authorisation to do so. These materials form part of the Intellectual Property whether registered or unregistered and are considered to be properties of Atomy.

7. CONFIDENTIAL INFORMATION

7.1. Confidential Information Meaning
"Confidential Information” means:

(a) any and all ideas, techniques, systems, processes, trade secrets, designs, inventions, methodologies and procedures developed by Atomy;
(b) any and all information regarding the Atomy relating to their business and business processes, including financial information, accounts, financial records, customer records, business plans, pricing, customer lists and all associated information; and
(c) any and all reports, proposals, memoranda, drawings, diagrams, statements, accounts and other documents created by Atomy;

but does not include information that is already in the public domain at the time this Agreement is executed or which subsequently falls into the public domain lawfully and through no breach of any duty of confidentiality.

7.2. Members’ Obligations in relation to Confidential Information
Members agree that:

(a) they will not use the Confidential Information to conduct or establish a business or assist another to establish or conduct a business that is similar to the business of Atomy in concept, design or execution without first obtaining the prior written approval of Atomy;
(b) they will not disclose the Confidential Information to any other party without the prior written authority of Atomy;
(c) they will take all reasonable steps to ensure the safety and integrity of the Confidential Information to prevent it from disclosure to any unauthorised party;
(d) they will on demand of Atomy, return any Confidential Information supplied by Atomy to the Member in connection with Membership and this Agreement;
(e) this clause survives termination of this Agreement.

8. RELATIONSHIP OF THE PARTIES
Members agree that:

(a) if a Member actively conducts promotion of Atomy with a sole purpose to earn benefits under the Compensation Plan, the Member does so as an independent contractor and is responsible for its own business affairs that includes but is not limited to:

a. establishing customer leads and maintaining its own customer information;
b. setting its own objectives, strategies and scheduling;
c. obtaining, insuring, and using of any necessary equipment, products or services;
d. uniforms or other suitable attire;
e. any expenses connected with operational costs, licensing, insurance and other incidental items;
f. payment and account of any applicable taxes including any GST liabilities or payment and taxes connected to receipt of any Compensation Plan awards, commission payments or other benefits.

(b) the relationship between Atomy and the Member is not one of partner, principal and agent, employee, franchisee, joint venture, securities holder, fiduciary nor beneficiary;
(c) they do not have the power or authority either directly or indirectly or through its servants or agent (if any) to bind Atomy with a customer or other third party or otherwise contract or negotiate or attempt to enter a binding relationship for or on behalf of Atomy.

9. INFORMATION DISCLAIMER

9.1. No Warranty or Representation
Members agree that any information supplied on the Site does not constitute as a warranty or representation but is provided for informational purposes only. Atomy makes no warranty or representation as to the accuracy nor completeness of any information on or linked to the Site.

9.2. Must Seek Advice
Professional advice is required for each particular illness, disease, infection, injury or other medical or health condition and for dosages or usage instructions in relation to any health-related product or service made available for sale on the Atomy website. This information is not to be taken as any sort of medical advice whatsoever, and the Member takes full and total responsibility for what the Member does with this information, and any resulting outcomes from the Member’s actions. Members must also consult with their physical health care provider prior to the purchase and use of any of the Atomy products or services available on the Atomy website. Should you notice any adverse, detrimental, negative or concerning changes to your physical, mental or emotional health upon accessing Atomy Products and Services, you must seek the attention of your independent health care professional.

9.3. No Substitute for Advice
NOTHING CONTAINED ON THE SITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS, ADVICE OR TREATMENT OR HEALTH AND WELLBEING ADVICE OR INFORMATION OR THAT THE USAGE OF PRODUCTS AND SERVICES AVAILABLE ON THE ATOMY WEBSITE ARE SAFE FOR YOUR PERSONAL USE, and you agree to make your own enquiries and seek professional advice for each illness, disease, infection, injury or other medical or health condition, health concern, or suitability of any product or service for your personally and for dosages or usage instructions in relation to any related Atomy Product or Services made available for sale on the Atomy Site. Unless otherwise expressly indicated, Atomy Products are not listed or registered under the Australian Register of Therapeutic Goods (ARTG).

9.4. No Guarantee of Results
Atomy does not guarantee any specific results or benefits will be obtained from using Atomy Services, purchase of Atomy Products, or promotion or referral of customers to become, and the use or consumption of the Atomy Products and Services may expose you to risk of physical harm.

9.5. Acceptance of Risk
You purchase and use the Atomy Products and Services having considered and accepting the potential risks associated with the purchase, and agree to be fully responsible for any adverse consequences that may occur to you resulting from your use of Atomy Products and Services.

10. DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS AND SERVICES
TO THE FULLEST EXTENT POSSIBLE AT LAW, AND SUBJECT TO YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW, WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED, WE EXCLUDE ALL LIABILITY TO YOU OR ANYONE ELSE FOR LOSS OR DAMAGE OF ANY KIND RELATING IN ANY WAY TO THE SITE EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON ITS SITE OR OTHER FORUMS. ATOMY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT FOR THE 'CONSUMER GUARANTEES' (“THE LAW”) OUTLINED IN THE AUSTRALIAN CONSUMER LAW (FOUND AT DOMAIN: https://www.accc.gov.au/). YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ATOMY ARISING FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE PRICE OF THE PRODUCT AND SERVICES ORDERED. IN NO EVENT SHALL ATOMY’S DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE HELD LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO ANY ATOMY PRODUCTS AND SERVICES SOLD.

TO THE EXTENT PERMITTED BY THE LAW, OUR LIABILITY IS LIMITED TO ANY ONE OR MORE OF THE FOLLOWING OPTIONS:

In the case of Atomy Products:

(a) The replacement of products or the re-supply of equivalent products;
(b) The repair of products;
(c) The reimbursement of the cost of replacing the products or of acquiring equivalent products; or
(d) The reimbursement of the cost of repairing the products.

In the case of Atomy Services:

(a) The supply of the services again; or
(b) The reimbursement of the cost of re-supplying the services.

Australian Consumer Law
Atomy Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law.

(a) For major failures with the service, you are entitled:

(i) to cancel your service contract with us; and
(ii) to a refund for the unused portion, or to compensation for its reduced value.

(b) You are also entitled to choose a refund or replacement for major failures with goods.
(c) If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
(d) You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

11. INDEMNITY
Members agree that:

11.1. Claim Meaning
“Claim” means any and all claims, suits, causes of action, liability (including taxation liability), loss (including consequential loss), damages, demand, claim of awards or benefits under the Compensation Plan for the Members, allegation, debt, costs and expenses (including legal fees on an indemnity basis and other professionals’ and experts’ fees, and court and arbitration costs), proceeding or demand of any nature how soever arising, whether present or future, fixed or uncertain, actual or contingent, known or unknown or whether at law (including breach of contract and tort of negligence) , in equity, common law, under statute, or otherwise.

11.2. Exclusion of Liability & Indemnity of Atomy
Members at all times will indemnify and hold harmless Atomy and its officers, employees, agents, consultants, licensors, related entities (as defined in the Corporations Act 2001 (Cth)), partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

1. (a) any material or information that you submit, post, transmit or otherwise make available through this Site;
2. (b) your use of, or connection to, this Site; or
3. (c) your negligence or misconduct, breach of this Agreement or violation of any law or the rights of any person

12. REPUTATION, DISPARAGEMENT & DISREPUTE
Members agree that:

12.1. Lawful Conduct
the Member will always conduct themselves in a manner that is compliant with the laws of the jurisdiction in which they reside or conduct business activity within;

12.2. Positive Conduct
the Member will not conduct itself in a manner that Atomy in its absolute discretion regards as being at risk of bringing Atomy into public disrepute and the Member will endeavour to conduct him/herself in a manner that presents a positive image for Atomy and Atomy Products and Services; and

12.3. Non-disparagement
the Member will not in any way, whether in writing, orally or otherwise, call into disrepute, slander, defame or otherwise criticise Atomy or any of its directors, officers, staff, employees, agents, Atomy Products or Services.

13. SUSPENSION OF RIGHTS, MEMBERSHIP OR BENEFITS
Members acknowledge and agree that Atomy may in its absolute discretion and without prejudice to any rights it has under this Agreement (including termination), suspend, or alter any rights or benefits contained and associated with the Membership including but not limited to purchasing of Atomy Products and Services, referral rights, suspension of rights granted and benefits awarded under the Compensation Plan, non-payment of Compensation Plan benefits, non-awarding of Compensation Plan points or cancellation or suspension of any bonus payments or awards and may do so for any period of time and for any amount or value that Atomy determines as appropriate.

14. TERMINATION & EXPIRY OF MEMBERSHIP AGREEMENT

14.1. Termination by Atomy for Breach
Atomy may terminate this Agreement and any Membership immediately by written notice if the Member is in breach of any term of this Agreement or any other associated agreements, policies and rules.

14.2. Termination by Atomy Without Cause
Members agree that Atomy may terminate this Agreement and any Membership for reasons including but not limited to business closure, legal compliance, fraud prevention, or material changes to operations, by providing a written notice of termination of seven (7) days.

14.3. Termination by Member
Members may terminate its Membership and this Agreement for any reason by providing a written notice of fourteen (14) days terminating its Membership to Atomy by email at: atomyau_cs@atomypark.com or as otherwise specified by Atomy from time to time. Membership termination will be deemed to have been accepted by Atomy at the time of written confirmation from Atomy.

14.4. Effect of Termination
Upon termination or expiry of Membership and this Agreement, Members agree that:

(a) referral rights granted to the Member under this Agreement comes to an end, effective immediately;
(b) any Member benefits, bonuses, points, awards, prizes or other items specified in the Compensation Plan (as provided and updated by Atomy from time to time) shall immediately cease to be redeemable, or recoverable by the Member in any manner whatsoever;
(c) all rights and licenses of the Member to use any of the Intellectual Property (including brand name, trademarks, Confidential Information) shall cease and any Intellectual Property which the Member may have access to shall be reverted to Atomy without demand;
(d) they will stop using and displaying in any manner, the Intellectual Property or anything that imitates or is deceptively similar to the Intellectual Property of Atomy;
(e) cease using any Confidential Information, and return to Atomy all Confidential Information, including copies or reproductions thereof, which are in the Member's possession or control. Where such return is not reasonably practicable, the Member must securely destroy the Confidential Information;
(f) do all things necessary (including executing all documents) reasonably required by Atomy and necessary or desirable to give full effect to the obligations of the Member at the end of this Agreement.

14.5. Member’s Death
Upon a Member’s death, the commissions incurred under its membership may be passed on up to two (2) times to its heirs, or other beneficiaries in accordance with applicable succession laws. Atomy will process such transfer upon receipt of a certified copy of the grant of probate or of letters of administration. However, during a period of transition, Atomy can appoint a manager on such terms and conditions as it sees fit, to maintain the membership until such time as the membership is transferred under this clause.

15. PRODUCTS AND SERVICES

15.1. Price
Atomy reserves the absolute right and discretion to make any changes, without notice, to the Atomy Services and Products shown on the Site at any time including any action to modify, amend, suspend or discontinue all of or any part of the Atomy Services and Products.

Shipping costs will depend upon the location of your nominated delivery address and the Atomy Product purchased. Shipping costs will be shown separately during the checkout process.

Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be exclusive of GST (unless otherwise specified). For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act).

15.2. Purchase
You may elect to purchase Atomy Services and Products. When purchasing, you will be required to provide Atomy with your credit card information. All payments made through the Site will be processed and charged by the third party or company designated by Atomy in accordance with the payment method that you may elect at the time of payment for your order. By making a credit card payment and thereby designating a card to be billed, you confirm that you have the full authority to make such payment and that you are either the holder of such card (i.e., that the card is issued in your name), or you are authorised to use the credit card by the holder.

Please ensure you provide your correct billing address and contact details as exactly provided to the bank institution for your credit card, as incorrect information may cause a delay or cancellation in processing your order.

Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your credit card details at any point in time. In the event that we cannot fulfil your order for reasons beyond our control, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.

15.3. GST
Words or expressions used in this clause that are defined in the GST Act have the same meaning given to them in that Act. Unless otherwise stated, any amount specified in the Terms or the website as the consideration payable for any taxable supply includes any GST payable in respect of that supply. Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with the Terms.

15.4. Refunds, Exchange and Cancellation
All refunds, product exchanges or cancellations of Atomy Services and Products must be made in accordance with Atomy’s Refund & Exchange Policy made available at:
https://www.atomy.com/au/home/Common/ProtectPrivacy.

15.5. Product Availability
At any time after you purchase Atomy Products and Services (Order), if a situation arises beyond our control preventing or restricting our ability to fulfil an Order, we reserve the right at our absolute discretion to, without any prior notice:

(a) decline all or part of your Order;
(b) supply less than the quantity you ordered of any Atomy Product;
(c) refuse to provide Atomy Products to you;
terminate your access to this Site (as appropriate); and/or
(d) remove or edit any content on this Site.

We may also require additional verifications or information before accepting any order of Atomy Products and Services, where your failure to do so may result in refusal or cancellation of your Order.

In the event that we cancel or are unable to fulfil your Order, we will provide a full refund of any payment received using the payment method used for the purchase of the Order.

15.6. Taxes
You acknowledge and agree that Atomy may charge you taxes such as GST for any purchases made through the Site. If for any reason GST is not charged at the time of your Order, you agree to promptly pay any applicable GST or other taxes as required by your local laws and ordinances upon Atomy’s demand.

16. PRIVACY
Atomy is committed to ensuring that you can enjoy the Atomy Products and Services while safeguarding your private information. You must review Atomy’s privacy policy (attached to these Terms and headed “Atomy Privacy Policy”) to ensure you know how you can make the best use of the services without compromising your privacy.

17. GENERAL

17.1. Amendments to Terms
Atomy reserves the right to amend the terms and conditions of this Agreement and its policies whenever Atomy considers it necessary to do so in its absolute discretion.

Atomy reserves the right to amend this Agreement and any other policies at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Atomy will use commercially reasonable endeavours to provide you with at least 24 hours' notice of any material change or modification to any terms and conditions under this Agreement before they become effective, except as otherwise provided for in these terms or unless we need to make immediate changes for reasons we do not have control over or as required by law. When we notify you, we may do so by email or by posting a visible notice on the Site. We may not notify you if a change is not material. If you find a modified term unacceptable, you may terminate this Agreement.

17.2. Incorporation of Policies & Rules
In entering into this Agreement, Members agree:

(a) to comply with all of Atomy’s policies and rules concerning the Atomy Products and Services such as but not limited to, the Privacy Policy and General Terms and Conditions; and
(b) that a breach of the above-mentioned policies or rules also constitutes a breach of this Agreement.

17.3. Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under this Agreement without Atomy’s prior written consent which will not be unreasonably withheld. Your Membership is personal to you and may not be sold or otherwise transferred to any other person.

Atomy may assign, transfer or sub-contract any of its rights or obligations under this Agreement at any time without notice to you.

17.4. Automated Access
Automated Access means access to a computer by an automated process without an interactive user, generally a machine-to-machine access, often triggered from scripts or schedulers.

All Automated Access is also subject to these terms. No automated software may access the Site until the person responsible for the Automated Access has accepted these terms. As such, any attempt to obtain Automated Access will be bound by these terms.

17.5. Severability
The provisions of this Agreement are severable and, if any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

17.6. No Waiver
Waiver of any power or right under this Agreement must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company's right to act with respect to that breach or any subsequent or similar breaches.

17.7. Governing Law and Disputes
This Agreement will be governed by and interpreted in accordance with the laws of the State of Victoria, Australia. You acknowledge and irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
If a dispute arises in relation to this Agreement, the parties agree to first attempt to resolve it in good faith by written notice and discussion. If unresolved within 30 days, either party may escalate the matter to mediation or litigation.

17.8. Electronic Communications
The communications between you and Atomy use electronic means, whether you visit the Atomy Site or send Atomy e-mails, or whether Atomy posts notices on the Site or as part of its services or communications with you via e-mail.

You hereby consent to receive electronic communications from Atomy and agree that all terms, conditions, agreements, notices, disclosures, and other communications that Atomy provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

17.9. Entire Agreement
The terms and conditions of this Agreement and any of Atomy’s policies or rules concerning Membership, Atomy Products and Services, together with any of the other documents specifically referred to or incorporated in this Agreement constitute the entire agreement between the Members and Atomy and supersede all prior understandings and agreements concerning its subject matter.

General Terms and Conditions

TERMS OF USE

Atomy Oceania Pty Ltd (collectively “Atomy”, “we”, “our”) is the authorised representative of a South Korean brand, “Atomy” for States and territories of Australia.

Our Site (hereafter defined) is designed to provide a convenient, private and informative retail experience for Members to purchase products and services.

The following are terms and conditions of a legal agreement which governs your use of our Site currently operating under the domain name www.atomy.com/au (“Site”) (“Agreement”). This Agreement is between you and Atomy. As part of this Agreement, your use of this Site is also subject to our Privacy Policy.

By using our Site, you agree to be bound by the following terms and conditions of this Agreement, so please read carefully. We may change these terms and conditions at any point in time, and changes will be posted on the Site. By continuing your use of the Site, you agree to be bound by any changes made.

If you do not agree to these terms and conditions, please do not use this Site.

INFORMATION DISCLAIMER

No Warranty or Representation
You agree that any information supplied on the Site does not constitute as a warranty or representation but is provided for informational purposes only. Atomy makes no warranty or representation as to the accuracy nor completeness of any information on or linked to the Site.

WEBSITE USE

User information
By registering a User Account with this Site, you are taken to have wholly agreed to this Agreement. You also agree to provide Atomy with:

(a) a valid email address;
(b) accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
(c) any other information that may be required by Atomy during the registration process.

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to Atomy that you are at least 18 years of age and all information provided to us by you, including the information provided by you through our User Account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Multiple Accounts, Unauthorised User Accounts and Automated Account opening
Atomy may, in its absolute discretion, terminate and delete User Account(s) created through the following methods, without notice:

(a) Multiple User Accounts created for a user;
(b) User Accounts created by another Member using another person’s or Member’s personal information, whether such information has been obtained by consent or howsoever; and
(c) User Accounts created and registered by "bots" or other automated methods.

Approval of Registration
Atomy reserves the right to accept or reject any application for registration of an account with this Site at its absolute discretion.

Use
You are responsible for your own access and use of the Atomy Services and accept the following terms:

(a) You must only use this Site through the interfaces provided by Atomy and in accordance with this Agreement and any applicable law.
(b) after you have created a User Account with Atomy, you may use the Site to search, view content and products, purchase products and interact with the material made available on the Site; and
(c) usage of the Atomy Products and Services is for personal use only and is not to be used for any other purpose other than the purpose established by this Agreement.

You must not, without Atomy’s prior authorisation (which may be withheld at our absolute discretion):

(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) this Site or the servers or networks that host this Site;
(b) use (or attempt to use) data mining, robots or similar data gathering and extraction tools on this Site;
(c) share your personal information to another Member;
(d) use another person or Member’s personal information, howsoever obtained, to create any User Account(s);
(e) use alter-egos or other disguised identities when accessing the Site, or utilise any form of indirect and ‘spoofed’ access to the Site;
(f) perform any caching or hypertext linking to any portion of the Site;
(g) interfere (or attempt to interfere) with security-related or other features of this Site; or
(h) reproduce, duplicate, copy, distribute, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site including Atomy Product and Services provided through the Site.

Violations of this Agreement
Without limiting any other remedies available to Atomy at law or in equity, we reserve the absolute right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide Atomy Products and Services to you if:

(a) you breach any provision of this Agreement;
(b) we are unable to verify or authenticate any information that you provide to us; or
(c) we believe that your actions may cause damage and/or legal liability to us, any of our customers or suppliers or any other person.

Acceptance of Risk
You acknowledge and accept that:

(a) Your User Account is not a secure data storage facility for primary information that you wish to retain. Atomy reserves the right to delete content stored using the Site any time without notice. If you want to secure your Content, you should take other measures to ensure safe and secure storage of your Content.
(b) Atomy does not guarantee any specific results or benefits will be obtained from using Atomy Services, purchase of Atomy Products, or promotion or referral of customers to become, and the use or consumption of the Atomy Products and Services may expose you to risk of physical harm.
(c) NOTHING CONTAINED IN THE SITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS, ADVICE OR TREATMENT OR HEALTH AND WELLBEING ADVICE OR INFORMATION AND NO PRODUCT SHOULD BE CONSIDERED AS HAVING THERAPEUTIC BENEFIT UNLESS IT HAS BEEN APPROVED BY THE THERAPEUTIC GOODS ADMINISTATION (TGA) IN AUSTRALIA. You agree to make your own enquiries and seek professional advice for each illness, disease, infection, injury or other medical or health condition, health concern, or suitability of any product or service for your personally and for dosages or usage instructions in relation to any related Atomy Product or Services made available for sale on the Atomy Site.
(d) You purchase and use the Atomy Products and Services having considered and accepting the potential risks associated with the purchase, and agree to be fully responsible for any adverse consequences that may occur to you resulting from your use of Atomy Products and Services.

YOUR USER ACCOUNT WITH ATOMY

Your Responsibilities
You must operate your user account in accordance with Atomy’s directions and in particular, you agree to the following:

(a) upon registration, you will nominate an email and password for your use of the Site and the associated services provided through the Site (including your web browser being directed and landing on our Site);
(b) you are responsible for the accuracy, quality and legal integrity of your data and the means by which you acquire your data;
(c) you may be required to have and maintain an internet or data connection in order to access the Site;
(d) Atomy has no obligation to investigate the source of any access to verify your use of the Site. Each time the password or identification selected by you at registration is utilised to access the Site, it is deemed to be accessed by you or authorised by you, including (without limitation) all communications and transmissions and all obligations (including but not limited to financial obligations) incurred through such access or use of the Site;
(e) you have permission to use and operate your own User Account, but the extent of that use and operation is at Atomy’s sole discretion. We may maintain your User Account differently to the accounts of other users;
(f) your User Account must only be created and operated by you on your own behalf. You must not create nor operate your user Account on behalf of anyone else, including but not limited to an organisation that is not a natural person (“Organisation”). However, if we permit you to open a User Account on behalf of an Organisation, then:

(i) the word “you” in this Agreement includes both you and the Organisation; and
(ii) you represent that you are authorised to represent the Organisation and that you have the full legal authority to bind the Organisation to this Agreement;

(g) Atomy has no obligation to investigate and resolve any complaints in relation to new and additional User Account(s) being created due to your own disclosure of your personal information to another person.
(h) if you connect the services with a Third Party Service (such as, Atomy education centres) with which you have a user account, you authorise Atomy to use information about you available from the Third Party Service and to store your user login information for that Third Party Service;
(i) you take full responsibility for everything done through your User Account and in particular –

(i) you agree to not share the login credentials for your User Account with any other person, or permit any automated use of your User Account without our written consent;
(ii) you agree to use a password for your User Account that is not easily identifiable or ascertainable and likely to remain secure (incorporating upper and lower case letters, numbers and symbols). We are not responsible for any unauthorised activity on your User Account if you fail to keep your account login information secure;
(iii) you agree to notify us straight away if you suspect another party has access to your User Account or if you suspect that another party is conducting activity through your User Account .
(iv) you agree to use commercially reasonable efforts to prevent unauthorised access to or use of the Site; and
(v) you agree to not seek to circumvent our methods intended to control access to the Site;

(j) you must only provide Atomy accurate and complete information about you when you create your User Account . If your details have changed after creating your User Account, you must update the relevant information; and
(k) you agree that Atomy may send you an email or other electronic messages concerning your User Account, Atomy and its commercial partners from time to time. You will have the right to opt out the information sent.

PRICES

Atomy reserves the absolute right and discretion to make any changes, without notice, to the Atomy Services and Products shown on the Site at any time including any action to modify, amend, suspend or discontinue all of or any part of the Atomy Services and Products.

Shipping costs will depend upon the location of your nominated delivery address and the Atomy Product purchased. Shipping costs will be shown separately during the checkout process.

Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be exclusive of GST (unless otherwise specified). For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

PAYMENT METHODS

We accept all major credit cards including Visa and MasterCard. There is no surcharge for Visa or Mastercard transactions with Atomy.

All payments made through the Site will be processed and charged by the third party or company designated by Atomy in accordance with the payment method that you may elect at the time of payment for your Order. By making a credit card payment and thereby designating a card to be billed, you confirm that you have the full authority to make such payment and that you are either the holder of such card (i.e., that the card is issued in your name), or you are authorised to use the credit card by the holder.

ORDERS

Order Constitutes Offer
By placing an order through this Site (“Order”), you make an irrevocable offer to us to purchase the Atomy Products and Services that you have selected pursuant to this Agreement. Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any products or services to you – however, we will use reasonable commercial endeavours to supply your selected Atomy Products and Services to you.

We will not commence processing any Order made through this Site unless and until payment for the Order has been received by us in full.

Order Acceptance Policy
Your receipt of an electronic or other form of Atomy Product or Service confirmation does not signify our acceptance of your Order.

Acceptance of each Order will take place if and when Atomy ships the requested Atomy Product(s) to your nominated delivery address, at the time at which the Atomy Products are despatched by us. Title to, and risk in, the items will pass from us to you at that time.

Right to Cancel or Refuse Order
At any time after receipt of your Order, if a situation arises beyond our control preventing or restricting our ability to fulfil an Order, we reserve the right at our absolute discretion to, without any prior notice:

(a) to decline all or part of your Order;
(b) to supply less than the quantity you ordered of any Atomy Product;
(c) refuse to provide Atomy Products to you;
(d) terminate your access to this Site (as appropriate); and/or
(e) remove or edit any content on this Site.

This may occur, for example, if the product is out of stock, an error in pricing or product information is identified, or if your order appears fraudulent or in breach of these terms.

We may also require additional verifications or information before accepting any order of Atomy Products and Services, where your failure to do so may result in refusal or cancellation of your Order.

In the event that we cancel or are unable to fulfil your Order, we will provide a full refund of any payment received using the payment method used for the purchase of the Order.

Typographical Errors
If there are any errors in the description of any Atomy Product on the Site due to typographical errors or any other errors, we reserve our right to refuse or cancel any orders placed for such Atomy Product and Services. Atomy shall have the absolute discretion to refuse or cancel any such Orders whether or not an Order confirmation has already been provided to you and your credit card charged. If money has already been charged to your credit card for the relevant purchase of the Atomy Product and Services, we will immediately provide a refund to your credit card in the amount of the incorrect price.

DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS AND SERVICES

TO THE FULLEST EXTENT POSSIBLE AT LAW, AND SUBJECT TO YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW, WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED, WE EXCLUDE ALL LIABILITY TO YOU OR ANYONE ELSE FOR LOSS OR DAMAGE OF ANY KIND RELATING IN ANY WAY TO THE SITE EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON ITS SITE OR OTHER FORUMS. ATOMY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT AS REQUIRED BY LAW. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ATOMY ARISING FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE PRICE OF THE PRODUCT AND SERVICES ORDERED. IN NO EVENT SHALL ATOMY’S DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE HELD LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO ANY PRODUCTS AND SERVICES SOLD.

TO THE EXTENT PERMITTED BY THE LAW, OUR LIABILITY IS LIMITED TO ANY ONE OR MORE OF THE FOLLOWING OPTIONS:

In the case of Atomy Products:

In the case of Atomy Services:

(a) The supply of the services again; or
(b) The reimbursement of the cost of re-supplying the services.

Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. These guarantees give you the right to a refund, repair, or replacement in certain circumstances, including where the goods are not of merchantable quality or the services are not provided with due care and skill.

(a) For major failures with the service, you are entitled:

(i) to cancel your service contract with us; and
(ii) to a refund for the unused portion, or to compensation for its reduced value.

Use Of Site

UNDER NO CIRCUMSTANCES SHALL ATOMY OR ANY OTHER RELATED PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR REGISTRATION INFORMATION, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) NEGLIGENT OR WILFUL ACTS OF ATOMY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES OR (vi) ANY OTHER MATTER RELATING TO THE SITE.

INDEMNITY

Definition of “Claim”
“Claim” means any and all claims, suits, causes of action, liability (including taxation liability), loss (including consequential loss), damages, demand, claim of awards or benefits under the Compensation Plan for the Members, allegation, debt, costs and expenses (including legal fees on an indemnity basis and other professionals’ and experts’ fees, and court and arbitration costs), proceeding or demand of any nature how soever arising, whether present or future, fixed or uncertain, actual or contingent, known or unknown or whether at law (including breach of contract and tort of negligence) , in equity, common law, under statute, or otherwise.

Exclusion of Liability & Indemnity of Atomy
By using this Site, you agree to indemnify and hold harmless Atomy and its officers, employees, agents, consultants, licensors, related entities (as defined in the Corporations Act 2001 (Cth)), partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

(a) any material or information that you submit, post, transmit or otherwise make available through this Site;
(b) your use of, or connection to, this Site; or
(c) your negligence or misconduct, breach of this Agreement or violation of any law or the rights of any person.

INTELLECTUAL PROPERTY

Copyright
In this Agreement, the term “Proprietary Content” means:

(a) this Site;
(b) all of its content (including, without limitation, all design, texts, graphics, pictures, video, information, applications, software, music, south, and other files contained therein or related thereto, and the arrangement thereof, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents contained in this Site); and
(c) all software, systems and other information owned or used by Atomy in connection with the products offered through this Site (whether hosted on the same server as this Site or otherwise).

All Proprietary Content is the property of Atomy or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by this Agreement or with the prior written consent of Atomy or other copyright owner (as applicable).

You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks
The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Atomy. These trademarks, service marks and trade dress must not be used, copied or imitated, in whole or in part, without the prior written consent of Atomy.

Copyright claims
If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material from our Site as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material from our Site at our absolute discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material from our Site pending resolution of that legal action.

OUR RIGHTS
We reserve our full rights to electronically monitor the Site without notice or liability.

We may also disclose any Content, records, or electronic communication of any kind for the following purposes without previous notice or liability:

(a) to satisfy any law, regulation, or government request;
(b) if such disclosure is necessary or appropriate to operate the Site;
(c) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors.

APPLICABLE LAW
This Agreement will be governed by and interpreted in accordance with the laws of the State of Victoria, Australia. You acknowledge and irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

Should any part of this Agreement is found to be void, unlawful or unenforceable, then that part will be deemed to be severable from the remainder of this Agreement and the severed part will not affect the validity and enforceability of the remaining provisions of this Agreement.

TERMINATION
The terms and conditions of this Agreement are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to, in our sole discretion, suspend, deny, limit or terminate, your use to all or any part of the Site without prior notice or liability. You acknowledge and agree that we may also deactivate or delete your registration and any and all related information under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

We may change, suspend or discontinue all or any part of the Site at any time, including the availability of any Atomy Products and Services, without prior notice or liability.

Privacy and Security

1. Introduction
This Privacy and Security Policy (“Privacy Policy”) sets out how Atomy Oceania Pty Ltd (“We”, “Our” or “Us”) collects, shares and handles your personal information connected to your use of our services made available through our website: www.atomy.com/au (“Site”) and any associated services provided by us.

Our services ("Services”) include:

• selling products through an online channel provided by our Site;
• provide membership services;
• provide sponsorship services to its members;
• provide education plans and programs for current and potential members and sponsors;
• direct marketing of products;

We respect your privacy and recognise the importance of protecting the privacy of individuals and their personal information. We will ensure the information you provide to us are managed and disclosed in a secure and confidential manner.

This Privacy Policy is prepared so that you are informed as to how we collect and use your information. This Privacy Policy, like our Terms of Service and Conditions, is an integral part of using our Services. Therefore, you must consent to our Privacy Policy to use our Site or Services. You must also be 18 years of age or older to purchase our products or use our Services.

2. Information collected

Personally identifiable information submitted by you
We collect your personal information when you use our Services.

In order to purchase any products, you will be required to provide your name, email address, residential address, telephone number and payment information.

We will also share your personal information with third parties that provide services to us, or products or services directly or indirectly to you, including but not limited to I.H. Hunter Pty Ltd, Australia Post, National Australia Bank and Atomy Education Centre leaders. These third parties will collect and store your personal information in accordance with their own privacy policies and procedures.

If you opt to receive marketing communications from us, you will be asked to provide us with various information such as your name, email address and country of residence.

If you wish to participate in any programs we offer as part of our Services, you may also be asked to submit additional information including, but not limited to, your residential address, mobile number, physical characteristics and your health goals. We will only collect sensitive information in circumstances where you consent to the collection, or where it is reasonably necessary for us to do so for your participation in the Program.

Non-identifying information
When you visit our Site or use our Services, we may collect non-identifying information from you, such as your IP address, interactions with the Site and Services, query information, location, referring URL, browser, operating system, cookie information, usage, data transferred, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your internet service provider or additional records from a third party, such as your wireless provider, such information along cannot usually be used to identify you.

3. Use of your information
We will not sell nor transfer any personally identifiable information to third parties without your consent. However, by using our Service, you consent to us using your personal information for the purposes set out below, provided such use is permitted under the applicable laws:

• enhance or improve our users’ experiences.
• provide our Services to you.
• provide direct marketing services to you, including emails or SMS notifications about our Services, and periodic newsletters.
• contact you to provide information on any significant changes.
• process your transactions.
• contact you and to respond to inquiries.

You may choose to opt-out from receiving marketing-related communications at any time by contacting us at atomyau_cs@atomypark.com.

4. Accessing, editing and removing your information
If you have any questions or wish to review, change or delete any of your information submitted, please contact us directly at atomyau_cs@atomypark.com.

Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your information, please contact us at atomyau_cs@atomypark.com.

After you have submitted your request to us, please be aware that we may keep inaccessible copies of your information for a commercially reasonable period of time.

5. Cookies and tracking

Cookies
We use cookies on our Site and Services. Cookies help us determine your preferences and allow us to track your advertisements. Additionally, some or all of our cookies may be accessible by third parties to help improve your experience. For this reason, we ask that you have cookies enabled while using our Site or Services.

Google Analytics and Google Adwords
We use Google Analytics. This is a web analytics service provided by Google, Inc. (“Google”), whereby website traffic and usage data is transmitted to and stored by Google in the U.S. Google uses this information to evaluate website usages and provides us with reports that help us understand website traffic and usage. Google will not associate your IP address with any other data it holds. By using our Site, you consent to the processing of your information by Google as described in Google’s Privacy Policy.

We also use Google AdWords and remarketing services to display specific advertisements for users that have previously visited our Site when those users visit other websites that have Google Display network implemented. Along with other third-party vendors, including Google, we use first-party cookies (such as Google Analytics cookie) and third-party cookies (such as DoubleClick cookie) to display these advertisements.

When creating remarketing lists, we do not use any sensitive information about our users. As AdWords advertisers, we are restricted from performing the following actions:

i. Running ads that collect Personally Identifiable Information (“PII”) including, but not limited to, email addresses, telephone numbers and credit card numbers.
ii. Creating a remarketing list or ad text that specifically targets users in ways which are “prohibited”.

You can opt out of Google Analytics from display advertising and also customise Google Display ads through the Ads Preferences Manager by visiting www.google.com/settings/ads.

Social Interfaces
We also utilise social media platforms including Facebook, Instagram and YouTube. If you intend to “like” or “share” information from our Site via these platforms, we recommend you also review their privacy policies. If you are a member of Facebook or Instagram or YouTube, such interfaces may allow them to connect your visits to our Site with other personal information.

6. Third-party access to your information
We work with third-party individuals and organisations to assist us in providing our Services to you (including contractors, web hosts and others). During this process, we may delegate our authority to collect, access, use and distribute your information. This may include providing your information to third parties that are located outside of Australia. Where we disclose your personal information to third parties located outside of Australia, we will take reasonable steps to ensure those entities are bound by privacy protections equivalent to those set out in the APPs.

In agreeing to this Privacy Policy, you agree that every authorisation you grant to us under this Privacy Policy is also granted to any third party we may hire, contract or otherwise retain the services of in operating, maintaining, repairing, improving or preserving our Site and Services. Whilst we take reasonable steps to ensure third parties treat your personal information in accordance with the applicable laws, we are not responsible for their conduct where they act outside out authority or breach their own legal obligations.

The following is a non-exhaustive list of third-party individuals and organisations that we may store, share or transfer your information with:

• AdSense
• MailChimp
• WP Engine
• Amazon Web Services
• Brevo
• Fiserv

We may also post links to third party websites on our Site, which may include information that we have no control over. When accessing a third-party website through our Site, you acknowledge that you are aware that these websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third-party websites. Please be aware that this Privacy Policy and any other policies in place, in addition to any amendments, does not create rights enforceable by third-parties. We bear no responsibility for the information collected or used by any advertiser or third-party website. You must review their terms of service and any privacy policy to understand how they collect information.

7. Disclosure of Personal Information

Law Enforcement
We may disclose your information to authorities if we are compelled to do so by a court order, if there has been a violation of any laws, the Terms of Service or this Privacy Policy. Additionally, we may disclose your information if we form a reasonable belief that you have violated the law or the terms of our Terms of Service or Privacy Policy, or if we believe that a third party is at risk of bodily harm.

We may release your information to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe you have violated any Australian laws or any other country having jurisdiction over us, our Site, Services or our Terms of Service.

Permitted General Situation
We may use or disclose your personal information if a ‘permitted general situation’ (as defined in APP Chapter 6) arises in relation to the use or disclosure of information. Examples of such situation involve preventing a serious threat to health or safety, taking appropriate action for a suspected unlawful activity and/or serious misconduct, and/or locating a missing person.

You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under situations listed in this paragraph whether it is to individuals or entities and to any state or national authorities, as required by law.

8. Commercial and non-commercial communications
If you decide to provide us with your contact information, you agree to receive communications from us. However, you may unsubscribe from certain communications by notifying us that you no longer wish to receive these communications, and we will take reasonable steps to remove you from our database where you have the right to request this under our Agreement, our Privacy Policy and/or applicable law.

9. Security measures
We take reasonable steps to protect your personal information against unauthorised access, loss, use, modification or disclosure through our technical and/or organisational security measures.

Once the purposes of collection and use of personal information are achieved and hence is no longer required, we will take reasonable steps to remove and/or delete personal information in a secure manner. If any of your information is required for a longer period of time by any applicable law, or you agree to the extended retention of such information, we will securely store and use such information for the intended purposes.

10. Your Australian privacy rights
We are bound by the Privacy Act 1988 (Cth) (“Privacy Act”) and the relevant Australian Privacy Principles (“APPs”). If you have any queries or concerns regarding the information we collect, you may contact us at atomyau_cs@atomypark.com and we will endeavour to respond to you within a reasonable time.

11. Age compliance
We do not collect or process any information for any persons under the age of 18. If you are under 18, please do not submit any information to us without parental consent. If you believe that someone under the age of 18 has submitted information to us without parental consent, please contact us at atomyau_cs@atomypark.com immediately.

12. Amendments
We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed on this Privacy Policy and/or we may contact you. If we make material changes to this Privacy Policy, we will notify you where reasonably practicable. Continued use of the Site or Services after changes are published will be deemed acceptance of those changes. If you do not agree, you must immediately cease using our Site and Services, and notify us of your refusal to agree by emailing us at atomyau_cs@atomypark.com

Click here to e-mail the ATOMY Privacy Officer

Refund & Exchange Policy

Atomy Refund, Return and Exchange Policy
The rights set out in this returns policy (“Policy”) are in addition to your statutory rights under the Competition and Consumer Act 2010 (Cth) including the Australian Consumer Law because we want you to be satisfied with your purchase. Nothing in this Policy is intended to exclude any of your statutory rights as a consumer under the Australian Consumer Law. If there is any inconsistency between this Policy and your rights under the law, your legal rights will prevail.

Please read the following carefully to ensure you are fully aware of your rights under this Policy and our obligations to you.

By placing an order or making a purchase at our Site (defined under our General Terms and Conditions, which is accessible via the following web address: https://www.atomy.com/au/home/Common/ProtectPrivacy), you acknowledge and agree to be bound by the terms set forth below along with our Privacy Policy and Terms of Use of our Site.

Australian Consumer Guarantees
Atomy’s Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with our Services, you are entitled:

a) to cancel your service contract with us; and
b) to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with our Products.

If a failure with our Product or a Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the Product and to cancel the contract for the Service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in our Products or Services.

Returns, Refund and Exchange Process
You must notify Atomy to process any return, refund or exchange any Atomy Products or Services by writing to us at [atomyau_cs@atomypark.com].
In case of Atomy Products:

a) If you send the Product(s) back to us without first notifying us, we may contact you and ship the Atomy Product(s) back to you and you will be solely liable for the costs associated with the shipping unless the Product was defective or otherwise being returned by exercising your rights under the Australian Consumer Law.
b) Where Atomy’s written confirmation for return of the Product(s) has been obtained, you must organise for the return of the Product(s) to our address for return, [Suite 1, Level 1, 8 Nexus Court, Mulgrave VIC 3170, Australia] (which may be changed from time to time), to be delivered during office hours. You acknowledge that any costs associated with the return (i.e., return method, packaging costs) must be paid solely by you unless the Product was defective or otherwise being returned by exercising your rights under the Australian Consumer Law.

A. Change of Mind
If for any reason, you are not satisfied with Atomy Products or Services you have purchased, you can contact us at [Suite 1, Level 1, 8 Nexus Court, Mulgrave VIC 3170, Australia] to discuss a return or refund, where Atomy’s decision shall be subject to the below non-exhaustive criteria (as applicable) (Return and Refund Specifications). Atomy may, in its absolute discretion, accept or decline a change of mind return request that does not meet all of the Return and Refund Specifications.

Atomy Services

a) You must provide proof of purchase at the time you request the refund of the Service, such as a receipt of payment or online tax invoice;
b) You must make your request for refund of the Service within 30-days from the date of purchase noted in the proof of purchase and before the completion of delivery of Service;

Atomy Products

a) You must provide proof of purchase at the time you request the return of the Product, such as a receipt of payment or online tax invoice;
b) You must return the Product within the 30-days from the date of purchase noted in the proof of purchase;
c) The Product must be unused and undamaged;
d) The Product packaging must not be tampered with, opened, damaged or in a condition other than as originally provide to you at the time of purchase; and
e) The Product must be in its original packaging including manuals, pamphlets and all accessories.

Unless otherwise directed by Atomy, you are responsible for any and all costs of shipping of the Products to be returned to Atomy’s return address (which may be changed from time to time).

Atomy is not required to accept change of mind returns for Products or request for refunds for Services that do not comply with the above Return and Refund Specifications. For avoidance of doubt, the Return and Refund Specifications only apply to change of mind returns and do not apply to Products and Services which are being returned or requested for refund because they are faulty or otherwise returned by exercising your rights under the Australian Consumer Law.

B. Faulty Products and Services
Atomy will accept Product returns and provide you with an exchange, refund or repair, or process refunds for a Service, where:

a) the Product or Service is faulty or not of acceptable quality, or
b) the Product or Service is significantly different to those shown or described to you, or
c) the Product or Service is not fit for its intended purpose, or
d) the Product or Service is unsafe, and
e) you are able to present your proof of purchase.

You will not be required to pay return shipping costs for the Products that are faulty, not of acceptable quality, or otherwise returned pursuant to your rights under the Australian Consumer Law.

Atomy may elect to return the Product to the manufacturer to determine the nature of the problem.

Atomy reserves the right not to offer an exchange, refund or repair where the fault is a result of your misuse or neglect.

Products presented to Atomy for repair may be replaced by refurbished Products of the same type rather than being repaired. Refurbished parts may be used to repair Products.

Damage via Postage
Even though great care is taken in the postage process, if your ordered Product(s) arrives damaged, please contact our Customer Service Team within five (5) business days of receiving your Product(s) for us to assess the damage and to work out a solution. Atomy may request you to provide proof of damage such as by photographing your Product(s) and delivery packaging, to aid a speedy resolution.

Notice
Where possible, please notify Atomy at [atomyau_cs@atomypark.com] of any faulty Products within 30 days from receipt of delivery. If you need to return a Product outside of the 30 day timeframe, please let us know at [atomyau_cs@atomypark.com].

Faulty Products do not have to be returned in its original packaging, but you must take reasonable steps to appropriately package the Product to avoid damage during the return shipping process.

For avoidance of doubt, Atomy is not required to accept any returned Products that, as a result of your negligence, misuse or tampering is, damaged, missing parts or in unsellable condition. Such Product shall be returned back to you, and you shall be responsible for any and all costs of the shipping.

Shipping
No return shipping costs for faulty Products shall be borne by you. We will provide you with a return label for any faulty Products. Please contact us at [atomyau_cs@atomypark.com] to obtain a return label for shipping of faulty Products.

Compensation Plan Awards
When you receive a refund for any Atomy Product(s), you acknowledge that any awards that would otherwise be rewarded under the Compensation Plan (refer to Member Agreement) to a Member shall not be applied or if already applied, be retracted by Atomy.