DATED: 27 May 2015
In these terms and conditions, “we” “us” and “our” refers to Perfect Beauty Spot Pty Ltd (ACN 603 806 935), the owners and operators of this website (www.perfectbeautybynicole.com.au). Your access to and use of all information on this website including purchase of our services are provided subject to the following terms and conditions.
We reserve the right to amend these terms and conditions at any time. Your use of the website after any amendments will represent your agreement to be bound by the amended terms and conditions. We therefore recommend that each time you access our website you read these terms and conditions.
1. You are a user if you access, use or rely on our website in any way.
3. If you book Beauty Spot’s services or products online for redemption at the Perfect Beauty Spot Premises, you agree to ensure that the details you provide for the purposes of making a booking with us are true and accurate at all times and you undertake to update these details should they change.
Our Website Services
4. All prices are in Australian Dollars and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
5. Unless otherwise stated explicitly, all products and services referred to on this website are only available for redemption or use at our premises. The products advertised are for use at the premises only and are not available for purchase online.
6. Our website and services must not be used to conduct or facilitate unlawful activities, or accessed via any methods that are unlawful in your jurisdiction.
7. When using any communication methods provided by the website, you must ensure that the communication does not defame, harass, or cause other harm to another party, even if that party is not the recipient of the communication. You agree to indemnify us of any claims, damages, losses caused to another party as a consequence of your communication.
8. You must not attempt to gain unauthorised access to the website or any computerised system related to it. Unauthorised access includes, but is not limited to, access by: bypassing security mechanisms, exploiting flaws in software or hardware, signal interception, using another user’s security credentials without permission, or physical access without our explicit prior written consent.
9. If you breach any of our User Conduct terms, we may report your behaviour as criminal misconduct to law enforcement authorities. You agree to indemnify us of all liability in connection with such termination and/or report.
10. While we endeavour to take reasonable care in keeping this website up-to-date, we do not warrant the accuracy or completeness of its contents. In particular, you acknowledge and accept that the website content may include technical inaccuracies and typographical errors; and there can be reasonable delays between when changes are made to our products and services and when the website content is updated to reflect those changes.
11. Despite our reasonable efforts in maintaining access to the website, there may be times when the website is inaccessible or its performance is degraded. To the maximum extent allowed by the law, we accept no liability from any losses or damages arising from accessibility or performance issues of the website.
12. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by, any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
Linking or References to our Website
13. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
14. You must not disparage Perfect Beauty or its goods and services on any medium including but not limited to:
(a) Any website or page operated by you;
(b) Your blog or other social media platforms; or
(c) In any print material you publish.
15. If your promotional materials or other mediums contain links to Perfect Beauty’s website, none of following can be contained on any of your materials under any circumstances:
(a) Illegal, sexually explicit or suggestive, pornographic, or otherwise offensive, disturbing or distasteful material;
(b) Content promoting gambling or betting activities, promotions, websites, or locations;
(c) Instructions on the manufacture, cultivation, supply and/or use of illegal drugs;
(d) Instructions on the manufacture, supply and/or use of other dangerous materials including weapons;
(e) Any material that promotes harassment, hatred and/or discrimination based on age, race, religion, gender, sexual preference or any other factor as per the relevant legislation;
(f) Defamatory, abusive, threatening or otherwise offensive messages or statements (whether aimed at Perfect Beauty or a third party); or
(g) False or misleading information about the products and services of Perfect Beauty or a member, partner, employee or representative of Perfect Beauty.
Intellectual Property Rights
16. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
17. When you visit our website, we give you a limited licence to access and use our information for personal use.
18. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
19. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
20. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
21. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any way without the respective rights-holder’s written permission.
22. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
23. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
24. All Intellectual Property rights extend to any works derived from the contents of our website.
25. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose.
26. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
27. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
28. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material. We are not responsible for any errors or omissions in such material, or liabilities arising from their use.
Statutory Guarantees and Warranties to Consumers
29. Schedule 2 of the Competition and Consumer Act 2010, known as the Australian Consumer Law (“ACL”), prescribes certain rights and responsibilities of businesses and consumers in Australia. These include statutory guarantees which businesses must give to consumers.
30. More information regarding the ACL can be found at: http://consumerlaw.gov.au
31. If you are a consumer of our goods or services within the meaning of the ACL, then we give you a warranty that if the goods or services we supply to you are defective at the time of supply, then:-
(a) We will replace the goods or any part of them that is defective; or
(b) Provide again or rectify any services or part of them that are defective; or
(c) Wholly or partly recompense you if they are defective.
Limitation of Liability
32. If you are not a consumer within the meaning of the ACL then this clause applies to you. If you are a consumer within the meaning of the ACL then this clause has no effect whatsoever to limit our liability or your rights. If you are not a consumer:
(a) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the re-supply of the services or payment of the costs of re-supply;
(b) We accept no liability for any loss whatsoever, including consequential loss suffered by you, arising from services we have supplied;
(c) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us; and
(d) We do not participate in any way in the transactions between our users.
33. By accessing our website, you agree to indemnify and hold us faultless from all claims, actions, damages, costs and expenses, including legal fees arising from or in connection with your use of our website.
34. These terms and conditions are to be governed by and construed in accordance with the laws of the state of New South Wales in Australia. Any claim made by either party against the other which in any way arises out of these terms and conditions, will be heard in New South Wales and you agree to submit to the non-exclusive jurisdiction of New South Wales Courts.
35. If any provision in these terms and conditions is invalid under any law, those provisions will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
36. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.