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Conditions of Use

FAQ

Shipping & Delivery:
At this time, we ship our merchandise to all locations with a postal service via Australia Post or courier service.
How long will it take to get my order?

Gel Treatment Packs: orders will be dispatched same or next business day from the receipt or your order and payment.  Orders are shipped via Express Post takes 1 - 2 business days depending on your location.

Starter Kits: orders will be dispatched within 1-5 business days from receipt or your payment.
Shipping takes 1 - 6 business days depending on your location.

All dispatch times are subject to slight variation.
 

International Shipping:
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.

Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Wiz Bang Promotions Pty Ltd is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.



Credit Card Security:
For your privacy and protection all our credit card transactions are done using secure Paypal. Paypal is one of the worlds most trusted and secure third party credit card facilities. When you pay with us using Paypal we never come in contact with or have access to your credit card details. Visit Paypal Security for more information.


Cancellations: 
Orders may only be cancelled prior to dispatch and only at the discretion of Wiz Bang Promotions Pty Ltd management. 
 

General Refunds: 
We  want you to be 100% happy so if you don't get what you ordered we will replace or refund the item at our cost.  Goods that are ordered incorrectly can be exchanged however the cost of postage will be the customer’s responsibility. We recommend our customers choose carefully as there is no refund on custom printed and or personalized stationery. We take no responsibility for incorrect addresses provided to us resulting in lost or delayed orders. Where a refund is requested as a result of a customer error a 30% restocking fee is applicable excluding postage.  Returns are at the discression of Wiz Bang Promotions and must be sent back to us within 7 days.


Gel Kits:
All gel pens are individually checked prior to dispatch.  Occasionally gel kits may get hot in transit in summer months although all care is taken.  If you receive gels that are leaking, or don't seem to be performing as they should, please let us know straight away so we can replace them for you.


Faulty Items:
If you get something that isn't quite right please let us know as soon as possible.  We will usually ask for a photo of the fault and will arrange to exchange the item as quickly as possible for you.


Starter Kit Returns:
If teeth whitening isn't for you, you may return your starter kit within 7 business days or receiving it.  We will happily refund you less products used and delivery.  LED lamps and teeth shade guides must be returned with no damage or marks and in saleable condition with original packaging.  Approval for returns must be obtained before items are sent to us.  You may also return remaining gel kits for a refund however these will not be resold.


 
COPYRIGHT

All content appearing on this Web site is the property of:

Wiz Bang Promotions Pty Ltd T/A Celebrity Whitening

Copyright ©  Wiz Bang Promotions Pty Ltd. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright ©. All rights reserved.


USE OF SITE

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Wiz Bang Promotions Pty Ltd and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Celebrity Whitening believes that customer conduct violates applicable law or is harmful to the interests of Wiz Bang Promotions Pty Ltd and its subsidiaries.


Warranties
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Celebrity Whitening.com.au makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Wiz Bang Promotions Pty Ltd SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Wiz Bang Promotions Pty Ltd BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

-- OR Depending on State -- 

The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Wiz Bang Promotions Pty Ltd.

The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Wiz Bang Promotions Pty Ltd is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.

The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Wiz Bang Promotions Pty Ltd.

The inclusion of material on this server does not imply any endorsement by Wiz Bang Promotions Pty Ltd, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Wiz Bang Promotions Pty Ltd tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.


MISCELLANEOUS

VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Wiz Bang Promotions Pty Ltd and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Celebrity Whitening shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Celebrity Whitening with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Wiz Bang Promotions Pty Ltd with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Celebrity Whitening. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

WHEREAS the Company wishes to market the Products (the "Products") through the Distributor, it is agreed as follows:


DISTRIBUTION AGREEMENT

1.    DEFINITIONS

When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined: 

“Agreement” means this agreement, the Schedules attached hereto and any documents included by reference, as each may be amended from time to time in accordance with the terms of this Agreement;

“Accessories” means products or associated items offered for use or resale by company.

“Affiliate means” any company controlled by, controlling, or under common control with Company. 

“Customer” means any person who purchases or leases Products from Distributor. 

“Delivery Point” means Company's facilities or premises. Delivery point means Distributor's facilities or premises. 

“Exhibit” means an exhibit attached to this agreement. 

“Goods” products offered for sale by company. 

“Pricing” means any pricing on the company’s website or promotional material.  

“Products” means Goods and Accessories offered for sale or resale by the company. 

“Term of this Agreement” means a period of 12 months unless terminated by company.

“Trademark” means any trademark, logo, service mark or other commercial designation, whether or not registered, used to represent or describe the Products of Company, as set forth in Exhibit A.

“Website” means www.celebritywhitening.com.au/ and/or www.mobilesmile.com.au/

 

2.    APPOINTMENT OF DISTRIBUTOR

1.1    Appointment

Company hereby appoints Distributor as Company's distributor of products.  Distributor accepts that position. 

 

RELATIONSHIP OF PARTIES 

a.    Distributor is an independent contractor and is not the legal representative or agent of Company for any purpose and shall have no right or authority (except as expressly provided in this Agreement) to incur, assume or create in writing or otherwise, any warranty over any of Company's employees, all of whom are entirely under the control of Company, who shall be responsible for their acts and omissions. 

b.    Distributor shall, at its own expense, during the term of this Agreement and any extension thereof, maintain full insurance under any Workmen's Compensation Laws effective in the state or other applicable jurisdiction covering all persons employed by and working for it in connection with the performance of this Agreement, and upon request shall furnish Company with satisfactory evidence of the maintenance of such insurance. 

c.    Distributor accepts exclusive liability for all contributions and payroll taxes required under Australian Laws and State Unemployment Compensation Laws or other payments under any laws of similar character in any applicable jurisdiction as to all persons employed by and working for it. 

d.    Nothing contained in this Agreement shall be deemed to create any partnership or joint venture relationship between the parties. 


2.    COMPETING PRODUCTS 

Distributor agrees that it will not distribute or represent any Products which compete with the Products during the term of this Agreement or any extensions thereof. 

 

3.    ADVERTISING

Distributor shall be entitled, during the term of the distributorship created by this Agreement and any extension thereof, to advertise and hold itself out as an authorised Distributor of the Products. At all times during the term of the distributorship created by this Agreement and any extension thereof, Distributor may use the Trademarks in advertisements and other activities conducted by Distributor to promote the sale of the Products. 

a.    Distributor shall submit examples of all proposed advertisements and other promotional materials displaying the trademark for the Products to Company for inspection and Distributor shall not use any such advertisements or promotional materials without having received the prior written consent of Company to do so. 

b.    Distributor shall not, pursuant to this Agreement or otherwise, have or acquire any right, title or interest in or to Company's Trademarks, logos or written content.  

 

4.    TRAINING AND DISTRIBUTOR INDEMNITY

The company does not indemnify any persons including but not limited to third party, distributor or technician for the provision of any goods, services or training provided.  Distributor shall reimburse Company for all reasonable out-of-pocket expenses incurred by Company in providing technical or legal assistance.

 

5.    CONFIDENTIAL INFORMATION

Written Technical data, drawings, plans and engineering in technical instructions pertaining to the Products are recognized by Distributor to be secret and confidential and to be the property of Company. 

Those items shall at all times and for all purposes be held by Distributor in a confidential capacity and
shall not, without the prior written consent of Company, 
(i) be disclosed by Distributor to any person, firm or corporation, excepting those salaried employees of Distributor who are required to utilise such items in connection with the sale of Products during the term of the distributorship created by this Agreement or any extension thereof, or 
(ii) be disclosed to any person, firm or corporation, or copied or used by Distributor, its employees or agents at any time following the expiration or termination of the distributorship created by this Agreement or any extension thereof. The Company may require as a condition to any disclosure by Distributor pursuant to this Section that any salaried employee to whom disclosure is to be made sign a secrecy agreement, enforceable by Company, containing terms satisfactory to Company.

 

6.    TERMS OF PURCHASE AND SALE OF PRODUCTS

a.    Distributor shall purchase its requirements for the Products from Company. Such requirements shall include Products that is sufficient to enable Distributor to perform its obligations. 

b.    Each order for Products submitted by Distributor to Company shall be subject to the written acceptance of Company, and Company may, in its own discretion, accept or reject any order for Products without obligation or liability to Distributor by reason of its rejection of any such request. 

 

7.    CANCELLATION OF ORDERS

All cancellation of orders by Distributor shall be in writing, or if not initially in writing, shall be confirmed in writing. If Distributor cancels an order, which has been accepted by Company, Distributor shall reimburse Company for any cost incident to such order incurred by Company prior to the time it was informed of the cancellation.

 

8.    PURCHASE PRICE 

The prices for Goods, and any discounts applicable thereto, are provided on Company’s website and subject to change without notice. 

 

9.    PRICE CHANGES

Company reserves the right, in its sole discretion, to change prices or discounts applicable to the Products or withdraw products from sale without notice.

 

10.    DELIVERY: TITLE AND RISK OF LOSS

In the event that Company is requested to assist Distributor in arranging for transportation outside of options offered by company, Distributor shall reimburse Company for all costs applicable to the Products following their delivery to Distributor, including, without limitation, insurance, transportation, loading and unloading, handling and storage. Distributor shall pay all charges, including customs duty and sales tax, incurred with respect to the Products following their Delivery to the carrier or forwarder. 

 

11.    INSPECTION AND ACCEPTANCE 

Promptly upon the receipt of a shipment of Products, Distributor shall examine the shipment to determine whether any item or items included in the shipment are in short supply, defective or damaged. Within 2 days of receipt of the shipment, Distributor shall notify Company in writing of any shortages, defects or damage which Distributor claims existed at the time of delivery. Within 2 days after the receipt of such notice, Company will investigate the claim of shortages, defects or damage, inform Distributor of its findings, and deliver to Distributor Products to replace any which Company determines, in its sole discretion, were in short supply, defective or damaged at the time of delivery. 

 

12.    PAYMENT

Upon ordering of Products, Company may submit to Distributor Company's invoice for those Products. Distributor shall pay each such proper invoice prior to the dispatch of goods. Payment shall be made in Australian Dollars to a bank account to be notified in writing by Company to Distributor or via Credit/Debit or PayPal.

 

13.    ENTIRE AGREEMENT 

This Agreement contains the entire understanding of the parties and there are no commitments, agreements, or understandings between the parties other than those expressly set forth herein. This agreement shall not be altered, waived, modified, or amended except in writing signed by the parties hereto and notarised. 

 

14.    ARBITRATION
 
Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by arbitration to be held in the Gold Coast, Queensland, in accordance with the law in this jurisdiction, and judgment upon the award rendered by the arbitrators may be entered in any Court having jurisdiction thereof. 

 

15.    SECRECY 

Distributor agrees not to disclose or use, except as required in Distributor's duties, at any time, any information disclosed to or acquired by Distributor during the term of this contract. Distributor agrees that all confidential information shall be deemed to be and shall be treated as a sole and exclusive property of the Company.

 

TRADE NAME LICENSE AGREEMENT


1.    GRANT OF LICENSE 

Licensor hereby grants to Licensee and Licensee hereby accepts the right, privilege and nonexclusive license to use the Name solely in connection with Teeth Whitening Products, Services and Distribution (the “Business”). Licensee shall use the Name at all times for the Business and no other purposes. Licensor represents and warrants that, to the best of its knowledge, it owns the rights to the Name.

 

2.    TERM 

The term of the license hereby granted shall be effective upon the date of execution of this Agreement and shall continue for 1 year, unless sooner terminated in accordance with the provisions hereof.

 

3.    LICENSE FEE 

No Licensee fee is required as the license is automatically granted free of charge with the distributor agreement and will be renewed annually providing the terms of the distributor agreement are met. 

 

4.    NONEXCLUSIVITY 

Nothing in this Agreement shall be construed to prevent Licensor from granting any other licenses for the use of the Name or from utilizing the Name in any manner whatsoever.

 

5.    GOOD WILL 

Licensee recognizes that there exists great value and good will associated with the Name, and acknowledges that the Name and all rights therein and good will pertaining thereto belong exclusively to Licensor, and that the Name has a secondary meaning in the mind of the public.

 

6.    LICENSOR’S TITLE AND PROTECTION OF LICENSOR’S RIGHTS

a.    Licensee agrees that it will not during the term of this Agreement, or thereafter, attack the title or any rights of Licensor in and to the Name or attack the validity of the license granted herein.

b.    Licensee agrees to assist Licensor to the extent necessary in the procurement of any protection or to protect any of Licensor’s right to the Name, and Licensor, if it so desires, may commence or prosecute any claims or suits in its own name or in the name of Licensee or join Licensee as a party thereto. Licensee shall notify Licensor in writing of any infringements or imitations by others of the Name which may come to Licensee’s attention, and Licensor shall have the sole right to determine whether or not any action shall be taken on account of any such infringements or imitations. Licensee shall not institute any suit or take any action on account of any such infringements or imitation without first obtaining the written consent of the Licensor to do so.

c.    Licensee agrees to cooperate fully and in good faith with Licensor for the purpose of securing and preserving Licensor’s rights in and to the Name, and Licensor shall reimburse Licensee its reasonable costs for such cooperation (unless Licensee is in breach of this Agreement). It is agreed that nothing contained in this Agreement shall be construed as an assignment or grant to the Licensee of any right, title or interest in or to the Name, it being understood that all rights relating thereto are reserved by Licensor, expect for the license hereunder to Licensee of the right to use and utilize the Name only as specifically and expressly provided in this Agreement. Licensee hereby agrees that at the termination or expiration of this Agreement, Licensee will be deemed to have assigned, transferred and conveyed to Licensor any trade rights, equities, good will, titles or other rights in and to the Name which may have been obtained by Licensee or which may have vested in Licensee in pursuance of any endeavors covered hereby, and that Licensee will execute any instruments requested by Licensor to accomplish or conform the foregoing. Any such assignment, transfer or conveyance shall be without other consideration than the mutual covenants and considerations of this Agreement.

 

7.    INSPECTION 

Licensor, or its nominee, shall have access to the Business during normal business hours and to books and records of Licensee for the purpose of ensuring compliance with this Agreement.

 

8.    USE OF NAME 

Licensee shall have no right to affix the Name to any building, sign, merchandise or other item without first obtaining Licensor’s express written consent, which consent shall be within the reasonable discretion of Licensor.

 

9.    TERMINATION 

a.    Licensee may not terminate this Agreement.

b.    The license rights granted hereunder may be terminated by Licensor upon immediate notice without the opportunity to cure should any of the following events occur:

i.    If Licensee shall: (A) admit in writing its inability to pay its debts generally as they become due; (B) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (C) make an assignment for the benefit of its creditors; (D) consent to the appointment of a receiver of itself or of the whole or any substantial part of its property; (E) on a petition in bankruptcy filed against it, be adjudicated as bankrupt; (F) file a petition or answer seeking reorganization or arrangement under the bankruptcy laws or any other applicable law or statute; (G) become subject to a final order, judgment or decree entered by a court of competent jurisdiction appointing, without the consent of Licensee, a receiver of Licensee or of the whole or any substantial part of its property or approving a petition filed against Licensee seeking reorganization or arrangement of Licensee under the bankruptcy laws or any other applicable law or statute; or 

ii.    Licensee shall fail or refuse to perform any other obligation created by this Agreement of Licensee breaches any term or condition of this Agreement or any other agreement between Licensee and Licensor or its affiliates; or

iii.    Licensee has made any misrepresentations relating to the acquisition of the license granted herein, or Licensee or any of Licensee’s shareholders, officers, directors, or managing personnel engages in conduct which reflects unfavorable on the Name or upon the operation and reputation of the Licensor’s business; or

iv.    Licensee or any of Licensee’s shareholders, officers, directors, or managing personnel is convicted of a felony or any other criminal misconduct which is relevant to the operation of the business of Licensee.

In the event of termination of this License for any reason, Licensee shall immediately cease all use of the Name and shall not thereafter use any name, mark or trade name similar thereto. Termination of the license under the provisions of this Section 9 shall be without prejudice to any rights which Licensor may otherwise have against Licensee.

 

10.    COMPLIANCE WITH LAWS AND REGULATIONS

Licensee shall, and shall cause its shareholders, officers, directors, and managing personnel to, comply with all laws, rules and government regulations pertaining to its business and shall not violate any laws which would create an adverse effect on the Name.

 

11.    RELATIONSHIP OF PARTIES 

Licensee shall not in any manner or respect be the legal representative or agent of Licensor and shall not enter into or create any contracts, agreements, or obligations on the part of Licensor, either expressed or implied, nor bind Licensor in any manner or respect whatsoever; it being understood that this Agreement is only a contract for the license of the Name.

 

12.    NAME OWNERSHIP 

Licensee agrees that the Name is the sole property of Licensor and that Licensee has no interest whatsoever in such Name, and Licensee shall use the Name only for so long as the license granted hereby remains in full force and effect. Licensee shall not take any actions, or aid or assist any other party to take any actions, that would infringe upon, harm or contest the proprietary rights of Licensor in and to the Name.

 

13.    OTHER LICENSEES 

Licensee agrees not to interfere in any manner with , or attempt to prohibit the use of the Name by, any other Licensee duly licensed by Licensor. Licensee further agrees to execute any and all documents and assurances reasonably requested by Licensor to effectuate the licensing of the Name to any other party and agrees to cooperate fully with Licensor or any other Licensees of Licensor to protect Licensor’s lawful authority to use the Name.

 

14.    INDEMNIFICATION AND INSURANCE 

a.    Licensee agrees to defend, indemnify and hold harmless Licensor, its officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of operations of the Business and from Licensee’s breach of any of the terms contained herein.

b.    Licensee agrees that it will obtain, at its own expense, liability insurance from a recognized insurance company which is qualified to do business in the State of [STATE/PROVINCE], providing protection of a minimum amount of $10,000,000 which is standard in the industry for businesses similar to the Business for the benefit of Licensor and its affiliates and their officers, directors, agents, and employees (as well for Licensee) against any claims, suits, loss or damage arising out of or in connection with the Business. As proof of such insurance, a fully paid certificate of insurance naming Licensor as an insured party will be submitted to Licensor by Licensee for Licensor’s approval within thirty (30) days after the date of execution of this Agreement. Any proposed change in certificates of insurance shall be submitted to Licensor for its prior approval.

 

15.    NOTICES 

All notices and statements and all payments to be made hereunder, shall be given or made at the respective addresses of the parties as set forth below such party’s name unless notification of a change of address is given in writing, and the date of mailing shall be deemed the date the notice or statement is given.

 

16.    NO JOINT VENTURE 

Nothing herein contained shall be construed to place the parties in the relationship of partners or joint venturers or of franshisor/franschisee.


 
17.    NO ASSIGNMENT OR SUBLICENSE BY LICENSEE 

This Agreement, all rights and duties hereunder are personal to Licensee and Licensee shall not, without the written consent of Licensor, which consent shall be granted or denied in the sole and absolute discretion of Licensor, be assigned, mortgaged, sublicensed or otherwise encumbered by Licensee or by operation of law. 


18.    NO WAIVER, ETC. 

This Agreement may not be waived or modified except by an express agreement in writing signed by both parties. There are no representations, promises, warranties, covenants or undertakings other than those contained in this Agreement with respect to its subject matter, which represents the entire understanding of the parties. The failure of either party hereto to enforce, or the delay by either party in enforcing, any of its rights under this Agreement shall not be deemed a continuing waiver or a modification thereof and either party may, within the time provided by applicable law, commence appropriate legal proceedings to enforce any or all of such rights.


19.    GOVERNING LAW  

This Agreement shall be construed under the laws of the State of QUEENSALND, AUSTRALIA.


20.    SEVERABILITY  

Whenever possible each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this Agreement.


21.    SURVIVAL 

All obligations of the Licensee shall survive the termination of this Agreement.


22.    ATTORNEYS’ FEES 

Should any litigation be commenced between the parties to this Agreement concerning this Agreement, or the rights and duties of either in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such relief as may be granted, to its attorneys’ fees and costs in the litigation.

 

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