Terms and Conditions

Overview

The Platform is operated by Her Black Book Pty Ltd (ACN 646 601 407) ("we", “us”, “our" and “HBB”).

Definitions

Throughout this Agreement, unless otherwise stated:

“Account” means an account created by a User on the Platform.
"Agreement” means these terms of use.
“Content” means all content appearing on the Platform.
“Platform” refers collectively to HBB’s:

mobile application – “Her Black Book”;
website – https://www.herblackbook.com/; and
browser extension, as may be updated or changed by HBB from time to time.

“Feedback” means any and all comments, reviews, feedback or other suggestions relating to, or in connection with, the Platform by a User.
“Inactive Account” means an Account in which no successful transactions have been made via the Platform for 6 consecutive months.
“Merchant Partner“ means any entity advertising their products or services through the Platform.
“User” means any entity accessing or using the Platform.
“you” refers to you as a User of the Platform, and “your” has a corresponding meaning.

Application

By visiting or using the Platform or creating an Account with us you agree to be bound by the terms of this Agreement.
If you do not agree to all of the terms in this Agreement, then you may not access or use the Platform.
We reserve the right to update, change or replace any part of the Agreement by posting updates and/or changes here or on the Platform. Your continued use of, or access to, HBB’s Platform following the posting of any changes constitutes acceptance of those changes.

Accounts

You may be prompted to create an Account on the Platform to make use of all of its features. When registering for an Account, you will be required to provide certain information, which may include (but is not limited to):

your name and contact details;
a user ID; and details necessary to link your Account to your separate PayPal account.
All information provided through the Platform must be accurate, complete and correct to the best of your knowledge. Without limitation, you must not pretend to be someone other than yourself, or otherwise mislead us as to your identity. You must promptly update your information as needed.
Each Account is for a single user only. You must not give any one else access to your Account and you must promptly notify us of any unauthorised use of your Account or any breach of security in respect of the Platform of which you become aware.

You are solely responsible for:

maintaining the confidentiality and security of your Account, user ID and password; and
for all activities on the Platform which occur under your Account.
We reserve the right to limit the access to the Platform to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis at any time.

Membership

Once you have created an Account you can choose to continue as a “guest” and access the Platform free of charge. You also have the option to upgrade and become a paid member of the Platform. The options and benefits available to members are set out at [https://www.herblackbook.com/pages/faq].

If you choose to become a member, you will be required to provide your financial information, including your bank or PayPal account details.
At the end of your membership period, your membership will automatically renew for the same length of time unless you cancel your membership through the Apple App Store or Google Play Store (as relevant) or through the settings in your Account if that feature is added. Any cancellations or changes to your membership must be made at least 24 hours before the start of a new billing period to avoid any new charges being incurred.

Obligations

Each party must:

act efficiently, honestly and fairly and with due care and skill in relation to its obligations under this Agreement; and
comply with all relevant laws that are applicable to its obligations under this Agreement.

Merchant Partners

You agree that:

HBB is not the agent of any Merchant Partner and that the Merchant Partners operate independently and not under HBB’s control;
your participation in offers or promotions of, or correspondence with, a Merchant Partner is solely between you and that Merchant Partner; and
all sales occur outside the Platform directly between you and the Merchant Partner and are subject to any terms agreed by you and the Merchant Partner.
To the maximum extent permitted by law, HBB does not assume any liability, obligation, or responsibility for:
any correspondence, offer or promotion offered by a Merchant Partner;
changes to a Merchant Partner’s platform or the withdrawal, modification or termination of any promotion by a Merchant Partner offered on the Platform, or for any effect on any accrued cashback or other rewards caused by such withdrawal, modification or termination, and
any content, product and/or service on, or acquired through, a Merchant Partner’s platform, including but not limited to the availability, quality, merchantability or fitness for purpose of such products or services or that such content, product and/or services are not in breach of any laws or regulations.

Competition Summary Terms and Conditions

You could win a $1k shopping spree to spend through Her Black Book retail partners

Spend it at any of our 700+ brands including: Net-a-Porter, Zimmermann, The Iconic, Anna Quan, Bec & Bridge, Farfetch, Nike, Sephora and more

There are 2 ways to enter:

Download the app + register (1 entry)

The Details:

🖤: Open to Australian residents only, 18 years and over.

🖤: Receive 1 x entry for downloading the Her Black Book app and registering your details.

🖤: Receive 3 x additional entries when you upgrade to an annual Her Black Book membership at $24.99 a year. 3 or 6 month memberships will not receive an extra 3 entries.

🖤: Existing users who downloaded the Her Black Book app prior to the competition start date (17th October 2022) will automatically receive 1 x entry in the draw.

🖤: Existing users who subscribed to a $24.99 Annual Membership prior to the competition start date (17th October 2022) will automatically receive 3 x additional entries in the draw.

🖤: Competition closes 11:59pm AEST 14th of November 2022.

🖤: Winner will be selected at random on 16th November 2022 from a combined database of Her Black Book downloads (1 entry each) and annual members (3 entries each).

🖤: Winner will be notified directly by the Her Black Book team via their registered email and has 10 days to confirm their prize. If we cannot contact the winner for confirmation within 10 days, a redraw will occur. Should a second winner not claim the prize the prize will be forfeited.

🖤: Once the prize is claimed, we will share a photo and tag the winner via our Instagram Stories.

🖤: Prize is non refundable or transferable.

🖤: Prize must be used within 60 days.

🖤: Her Black Book Pty Ltd will load $1,000 cash to the winners ‘Wallet’ in the Her Black Book app so you can be among the first to experience the feel good factor of Her Black Book’s cashback wallet!

🖤: Be entering this competition, you are agreeing to the Terms & Conditions, including having your name and image shared on social media

🖤: Her Black Book will not be held liable for any purchases including shipping + customer care once orders have been placed with the retailers; responsibility of the order and tracking will be passed onto the retailers customer care team as per their sites terms and conditions of purchasing online.

🖤: The prize will be paid for in full by HER BLACK BOOK PTY LTD.

This prize is in no way sponsored, endorsed, administered by or associated by Instagram owned by Meta Inc.

T&Cs are subject to change.

Cashback

Eligibility for cashback

Provided you have, and maintain, an Account, while using the Platform, as a User, you may have the opportunity to earn cashback on purchases of eligible products from Merchant Partners (Eligible Products). In general, cashback is earned on net purchase amounts of Eligible Products excluding shipping and handling.
In order to be eligible to receive cashback, you must:

have cookies enabled when accessing the Platform and the Merchant Partner’s website or platform;
use the same tab and browser to access the Platform and the Merchant Partner’s website or platform;
complete the purchase of the Eligible Product on the Merchant Partner’s website or platform before the cookies from the Platform expire or you clear your cookies. Visiting another website or platform before completing the purchase of the Eligible Product, or waiting too long after redirection, may automatically clear the cookies which will void any entitlement to cashback;
not engage in any fraudulent or dishonest conduct in the course of the purchase of the Eligible Product; and
comply with the terms of this Agreement and any other terms and conditions stipulated by HBB or the Merchant Partner.
You acknowledge and agree that specific terms as to the eligibility, amount, and/or redemption of cashback may apply to certain Eligible Products and that you must agree to any such terms as part of your eligibility to receive cashback on purchase of that Eligible Product.

Exclusions

Notwithstanding the foregoing, you acknowledge and agree that:

you will not be eligible for cashback where an Eligible Product is returned for any reason;
if you return an Eligible Product after receipt of the cashback, you must reimburse the cashback;
the cashback may be subject to exclusions or conditions, as specified in any terms and conditions provided by the Merchant Partner or the promotion; and
no entitlement to the cashback arises until such time as HBB receives the full amount from the Merchant Partner.

You acknowledge and agree that the Merchant Partners (and not HBB) are responsible:

for providing HBB with all information as to the eligibility or exclusion of cashback; and
for paying all cashbacks to HBB for HBB to distribute to you.

As a result of clause 5.2(b), to the maximum extent permitted by law, HBB hereby disclaims any and all liability in connection with:

any incorrect information or failure to include information on the list of cashback eligibility criteria or exclusions by the Merchant Partner; and
any failure of the Merchant Partner to transfer the cashback amount to HBB.

Earning cashback

Subject to clauses 7.1 and 7.2, after you have completed the purchase of an Eligible Product from a Merchant Partner:

the relevant cashback will appear in your Account as a ‘pending’ amount;
the Merchant Partner will transfer the cashback amount to HBB in accordance with its standard terms, which are normally up to 90 days’ after sale, subject to any returns; and
once HBB has received payment from the Merchant Partner, the relevant amount will appear in your Account as ‘available’ and you will be able to transfer that amount out of the Account via PayPal.

From time to time, HBB may offer you alternative ways to earn cashback in accordance with relevant terms and conditions. You must comply with any such terms and conditions in order to be eligible to receive such cashback.

Account balances

You are responsible for regularly checking your Account to ensure cashback has been properly credited and that your Account balance is up to date.
You must notify HBB of any omissions, incorrect entries or discrepancies concerning any transaction with a Merchant Partner within 30 days after that transaction has been completed. HBB reserves the right not to correct any omissions, incorrect entries or discrepancies brought to its attention after the 30-day period.
HBB reserves the right to make top-ups and deductions from the balance in a User’s Account to ensure compliance with the terms of this Agreement, including to rectify situations where:

a User returns an Eligible Product after receipt of the cashback;
where cashback has been incorrectly credited into a User’s account or;
a User has acted fraudulently, dishonestly, or in contravention of the terms of this Agreement.

Redeeming cashback

Subject to any terms applying to the redemption of cashback from a specific Eligible Product under clause 7.1(c), you may redeem your cashback where:

it is marked as available in your Account; and
the dollar value of the cashback is more than or equal to the minimum redemption amount as set by HBB from time to time. The current minimum redemption amount is $10.

All redeemed cashback will be transferred from your Account to your PayPal account linked to your Account.

Nature of cashback

You acknowledge and agree that:

until redeemed, your Account does not entitle you to any proprietary rights in respect of any cashback or other benefit in your Account; and
the cashback accrued in your Account does not constitute money held on trust by HBB for your benefit.

Inactivity

If your Account becomes an Inactive Account, any accumulated cashback and other benefits will expire.

Feedback

You can provide us with Feedback at any time through the Platform.
You hereby grant HBB a non-exclusive, royalty-free, irrevocable, unrestricted, and worldwide licence and permission to use, copy, sell, distribute and make derivative works based upon the Feedback in any manner HBB determines, including the development, manufacture, marketing and maintenance of the Platform, without any further obligation to you.

Limitations of use

In accessing and using the Platform, including when providing Feedback, you must not, and must not attempt to:

store or transmit:

unlawful, defamatory, false, misleading, untrue, abusive, obscene or tortious material;
material in violation of any third-party rights; or
harmful codes, malware or viruses;

harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate HBB or any other User of the Platform or any Merchant Partner;
interfere with or disrupt the integrity or performance of the Platform or the experience of any other User on the Platform or any Merchant Partner;
scrape, copy, modify, create derivative works of, reverse engineer, decompile or otherwise extract the source code of the Platform or any of its Content or gain unauthorised access to the Platform or HBB’s networks;
sell, rent, sub-licence, republish, redistribute or otherwise exploit the Platform or its Content or otherwise use the Platform or its Content to create a competing service; and
use the Platform for any unlawful purpose or in any way that would violate any law.

Exclusions and limitations of liability

To the extent permitted by law, you acknowledge and agree that:

our Platform and Content is provided on an “as is” basis;
the Platform and its Content may contain errors and inaccuracies and we reserve the right, but are not obliged, to correct any errors or inaccuracies and to update information at any time without notice;
we make no representations or warranties of any kind, express or implied, about Platform or its Content, including as to their completeness, accuracy, reliability, security, suitability, fitness for a particular purpose or availability;
your use of the Platform and Content is at your own risk; and
we take no responsibility for, and expressly exclude all liability which may arise in relation to:

your access to, use of (or inability to use) or reliance on the Platform or Content;
your interactions with Merchant Partners, including their products, conduct, representations or warranties.

Without limiting the foregoing, HBB excludes all indirect, incidental, special or consequential loss or damage, loss of profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue arising from or in connection with this Agreement.
If the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010) (“ACL”) applies to our services, then our services come with guarantees that cannot be excluded under the ACL. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Indemnity

You agree to indemnify, defend and hold HBB and its affiliates, partners, officers, agents, employees, contractors, licensors, service providers and suppliers harmless from and against any claim or demand, including reasonable legal fees, made by any third party due to, or arising out of or in connection with, your breach of this Agreement or for any materials in any form whatsoever provided by you or through your Account.

Privacy

Privacy Policy

The Privacy Act 1988 ("Privacy Act") applies to HBB’s collection, use and disclosure of all personal information (as defined in the Privacy Act) in relation to this Agreement and includes personal information collected through the Platform. Please refer to HBB’s Privacy Policy here for further information.

Direct Marketing

The Platform allows for Users to view and receive marketing materials relating to Merchant Partners. As part of your use of the Platform, you agree that we may use the information you provide to us to offer you products and services through the Platform, your email address, and/or text messages that we think may be of interest to you (“Direct Marketing”) in accordance with the terms of our Privacy Policy. You can unsubscribe to Direct Marketing through the links included in the Direct Marketing.
We will never provide your information to third parties for marketing purposes without receiving your consent.

Termination

We may terminate this Agreement on 30 days’ prior written notice, for convenience.
We may, without notice to you and in our sole discretion, issue you a warning, restrict your activities through the Platform, temporarily suspend, indefinitely suspend or terminate your Account with us and/or refuse to provide the Platform to you immediately if:

in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement or any terms and conditions connected with this Agreement, your Account or your use of the Platform;
we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, third parties (including Users and Merchant Partners) or us or our directors, employees or agents;
your Account becomes an Inactive Account; or
we are required to do so by law.

You may immediately terminate this Agreement at any time by providing notice to us or by deleting the Platform from all devices under your control.
If this Agreement is terminated for any reason:

the obligations and liabilities of the parties (including all obligations to pay all amounts, subject to clause 7.7) incurred prior to the termination date shall survive the termination of this Agreement; and
all your rights to access and use the Platform automatically cease.

General

Contact: You can contact us in relation to this Agreement and the Platform, including any questions, complaints or claims, at hello@herblackbook.com.
Severability: If any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
No waiver: The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Entire agreement: The Agreement constitutes the entire agreement and understanding between you and us and govern your use of our Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
Assignment: You may not assign or transfer any rights or obligations pursuant to this Agreement without HBB’s prior written consent.
Relationship: No joint venture, partnership, employment or agency relationship exists between you, HBB or any third party as a result of the agreement between you and us or your use of the Platform.
Governing law: This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia and of any court that may hear appeals from any of those courts, for any proceedings in connection with this Agreement.

Apple Terms

This clause 15 only applies if you access the Platform through Apple’s App Store (“App Store”).
You acknowledge and agree that:

this Agreement is between you and HBB and not with Apple and that, as between HBB and Apple, HBB is responsible for the Platform and its Content;
notwithstanding clause 15.2(a), Apple and its subsidiaries are third-party beneficiaries of this Agreement and Apple has the right (and will be deemed to have accepted the right), to enforce this Agreement against you as a third-party beneficiary thereof;
Apple’s Licensed Application End User License Agreement (Apple Terms) are incorporated by reference into this Agreement, for purposes of which, you are “the end-user”. In the event of a conflict between the Apple Terms and the terms of this Agreement, the terms of this Agreement shall prevail;
the licence granted to you to use the Platform is non-transferable license to use the Platform on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Platform such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
HBB, and not Apple, is responsible for:

providing any maintenance and support services with respect to the Platform;
any express or implied warranties to the extent not effectively disclaimed. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be HBB’s sole responsibility.;
addressing any claims you or any third party relating to the Platform or the end- user’s possession and/or use of the Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation; and
the investigation, defense, settlement and discharge of any such claim in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights; and

you must comply with applicable third party terms of agreement when using the Platform.

You represent and warrant that (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Refer a Friend terms

Her Black Book rewards you with a bonus for every qualified new member (up to a total of 10 new members) you have referred. Her Black Book also rewards your friend on signing up. Details of the bonuses can be found here: https://www.herblackbook.com/pages/faq
What is a qualified referral?

A "qualified” referral is a friend you have referred to Her Black Book who:

(i) signs up using your unique referral code on Her Black Book,

(ii) does not have, and has never had, a free or paid membership to Her Black Book and

(ii) subscribes to a free or paid membership on Her Black Book. Any cancellations or refund requests in respect of the paid Her Black Book membership will not count as a qualifying referralWhen and how do I receive the bonus?The relevant bonus for you and your friend will be credited into your respective Her Black Book “Wallets” a maximum of 60 days after your friend signs up or purchases the paid Her Black Book membership.

Under what circumstances will the bonus not be provided?

Her Black Book reserves the right in its sole and absolute discretion to disqualify any member at any point of time from earning the referral bonus.

The following is a non-exhaustive list of activities that are not permitted and that will disqualify you from earning referral bonuses:

(i) self-referral,

(ii) posting your referral link on any Her Black Book merchant's Facebook or forum page,

(iii) keyword bidding for the purpose of generating traffic to pages containing your referral link, or

(iv) any similar activity determined by Her Black Book in its sole discretion to be inconsistent with the purpose of Her Black Book Refer-a-Friend Programme.

Any infringement of the above terms and conditions would result in the loss of all bonuses.

Repeat offences would result in the closure of your Her Black Book account.

Can these terms change?

Her Black Book reserves the right to alter the terms and conditions of this promotion by posting a new version of these terms. Please check back regularly.

How can I get further information?

If you have any further queries, please do not hesitate to click here contact@herblackbook.com and we will be glad to assist you!