Terms and Conditions

Our website at www.beautysculptingclinic.com.au gives you an opportunity to browse and purchase services offered by BEAUTY SCULPTING CLINIC PTY. LIMITED (ACN 635 403 048) trading as Beauty Sculpting Clinic (together we, us, our).

These Terms and Conditions (Terms) govern and form the basis of your use of our website at www.beautysculptingclinic.com.au (Site) along with the information published on our social media handles including Facebook and Instagram that are linked to the Site and our services (Services), our Privacy Policy, Disclaimer and Waiver and the terms contained within, as available on the Site, and our Consent Forms, available upon request, altogether form a binding contractual agreement between us and you (Agreement).

The Agreement supersedes all prior agreements, conduct, representations, and understandings. You confirm you have not entered into this Agreement based on any representation that is not expressly incorporated into this Agreement.
The Agreement, especially these Terms, are important and should be read carefully. Any questions regarding them must be directed to us in writing at beautysculptingclinic@gmail.com before using or relying on any information on the Site and/or using our Services.

1 ACCEPTANCE OF TERMS

1.1 By using our Site whether or not you have purchased or engaged our Services either directly or indirectly, and irrespective of your capacity as an individual, as an employee of a business, or as a business, you acknowledge that you have read and understood these Terms and agree to be bound by them.

2 VARIATIONS TO THE TERMS

2.1 We reserve the right, in our sole discretion, to vary, change, amend and delete all or parts of these Terms.

2.2 All variations, amendments, updates and general changes to these Terms will directly be posted on the Site.

2.3 Your continued use of our Services and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.

2.4 Should you object or disagree to these Terms, your only remedy is to contact us at beautysculptingclinic@gmail.com and immediately discontinue the use of our Services and the Site and raise a dispute in accordance with clause 22 of these Terms.

3 SITE TERMS

3.1 To book our Services through our Site, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.

3.2 Subject to your compliance with these Terms, we grant you a non-exclusive and non-transferrable right to access and use our Site and for your own personal use. You must not exploit any of its content including blog posts, descriptions and reviews for any commercial benefit. Any other use of our Site is expressly prohibited.

3.3 You must not use our Site to:
(a) provide or upload false or misleading information, create a false identity or use or attempt to use another person’s Site account;
(b) hack into any part of our Site through password mining, phishing, or any other means;
(c) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;
(d) circumvent the Site’s structure, presentation or navigational function so as to obtain information has chosen not to make publicly available through the Site;
(e) act in a manner that negatively affects other users, including through a denial-of-service attack or a distributed denial-of-service attack;
(f) transmit any unsolicited advertising, promotional materials or other materials that contain any solicitation with respect to Services that are not deemed Services, unless expressly authorised by us; or
(g) attempt to modify, reverse engineer, or reverse-assemble any part of our Site.

3.4 Without limiting clause 3.3 above, you must comply with all applicable laws, regulations, codes or standards when using the Site.

4 BOOKING APPOINTMENT

4.1 Before you use our Services through our Site or otherwise, you may be required to book an appointment.

4.2 You must provide accurate, complete and up-to-date information, as requested, and it is your responsibility to inform us of any changes to the information you have provided.

4.3 You may book our Services by completing the form available on the Site or by contacting us on the relevant phone number provided on the Site.

4.4 All bookings are subject to acceptance by us within our sole discretion.

4.5 We may at any time request documents to verify your identity and payment details either at, or after, the appointment booking.

4.6 We charge a booking deposit of 50% of the Service purchase price. This amount will be applied against the cost of the specific Service that has been booked.

4.7 Full payment of our Services must be made immediately upon completion of our Services.

4.8 You must ensure and maintain the security and confidentiality of your booking details, including any username, phone number and email address.

4.9 By using our Services, you acknowledge and agree that: 
(a) you are solely responsible for protection and confidentiality of any information that may be issued to at the time of booking the appointment; and
(b) you will not reveal (or cause to be revealed through any act or omission) your confidential information to any other person, other than yourself.
To the extent that you provide personal information, we will treat such information strictly in accordance with our Privacy Policy as provided on our Site.

5 TERMINATION, REFUNDS AND CANCELLATION POLICY

5.1 We reserve the right to suspend or terminate your use of our Services with immediate effect if you breach these Terms, as determined by us in our sole discretion.

5.2 We reserve the right to terminate our Services and these Terms immediately at our discretion in the event that we fail to receive payment from you.

5.3 You acknowledge and agree that your booking deposit will be non-refundable if you terminate, cancel, or do not attend your appointment.

5.4 Refunds are not provided for your booking deposit or our Services other than in accordance with the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act, 2010 (Cth).

5.5 Any cancellation or refund request will be assessed on a case-by-case basis, in accordance with the following:

(a) any applicable terms for the Services booked, including this Agreement you have entered into with us, or the description of the Services booked as published on our website from time to time; and
(b) the costs associated with the Services booked.

5.6 Refund requests must include proof of purchase showing the date of purchase of our Services, a description of the Services, the price paid for the Services, the reason why refund is sought, and must be made in writing to us at beautysculptingclinic@gmail.com.

5.7 Nothing in these Terms is intended to exclude or limit your rights as a consumer in accordance with the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law set out in Schedule 2 of this Act (ACL) whereby any refunds or claims in respect of our goods and/or services is limited to the following, at our option, unless otherwise compelled to do so by law or a Court of competent jurisdiction, as follows:
(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and

(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

6 SERVICES AVAILABILITY AND CHANGES

6.1 We may withdraw and/or re-offer any Services listed on the Site, including through any means of access to the Site if the Services:

(a) become unavailable; or
(b) were incorrectly described or listed.

7 DISCOUNTS, PROMOTIONS AND OFFERS

7.1 Occasionally, we may offer you the opportunity to use our Services at a discounted or promotional price on the Site, subject to these Terms.

7.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published on the Site.

8 PRICES

8.1 All prices for our Services are in Australian dollars (AUD) and as displayed on the Site.

8.2 All prices for our Services are inclusive of GST unless indicated otherwise.

8.3 All prices are subject to change without notice, except as displayed on the Site or confirmed verbally at the time of purchase.

8.4 All Services are offered for sale subject to availability. If a Service is not being offered at a certain point in time, we may contact you to offer a substitute. If you do not accept a substitute Service and you have already paid for a Service that is no longer being offered, we will cancel your booking and issue a credit in the amount charged.

9 INTELLECTUAL PROPERTY RIGHTS

9.1 References to intellectual property rights means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future. Such Intellectual Property Rights include business, company or trade names, domain names, trade secrets, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information, whether registered or unregistered, and the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration.

9.2 The Site and Services are protected by intellectual property rights. You agree not to cause or permit anything which may damage or endanger our Intellectual Property Rights or our title to such Intellectual Property Rights or assist or allow others to do so.

9.3 All information on the Site, including, but not limited to, registered and unregistered trade marks, business names, service marks, logos, templates, information, text, software, information architecture, coding, graphics, photos, videos, sounds, music, interactive features and the like (our IP) are owned by us and are subject to copyright and other Intellectual Property Rights under law.

9.4 We shall at all times retain all title, rights and interest in and to the Site, including but not limited to:
(a) The Intellectual Property Rights subsisting in the Site;
(b) Any modifications to, and additions to, the Site;
(c) Information or data, source codes and other information technology relating to or connected with the Site;
(d) Marketing information relating to or connected with the Site; and
(e) Technical information, including trade secrets, drawings, plans, encryptions, codes and Services descriptions and information relating to or connected with the Site.

9.5 You acknowledge and agree that no right, title or interest in our IP is transferred or granted to you, other than the rights granted expressly by these Terms.

9.6 You undertake not to:
(a) Take or permit or omit any action which would or might:
i. Constitute an infringement of our IP;
ii. Invalidate or put in dispute our title in our IP or any part of it;
iii. Oppose any application for registration or invalidate any registration of our IP or any part of it including, without limitation, a registration of a patent, registered design or trade mark worldwide;
iv. Support any application to remove or undo the our title in our IP or any part of it; or
v. Assist any other person directly or indirectly in any of the above;
(b) Use, copy, reproduce, distribute, export, adapt, alter, modify, translate, create derivate works, or publicly display any of the information on the Site anywhere in the world, without the prior written consent of UAH.

9.7 The trade marks, logos, and service marks displayed on the Site and Services are either registered or unregistered trade marks belonging to us. Such trade marks, whether registered or unregistered, must not be used by you in connection with any Services or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.

9.8 You agree that we will own the information you upload to the Site.

9.9 This clause survives the termination of this Agreement.

10 GENERAL DISCLAIMER AND WAIVER

10.1 You acknowledge that we do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding our Services other than provided for pursuant to these Terms.

10.2 You use of the Site and Services is at your own risk.

10.3 The Services purchased through the Site are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind.

10.4 All possible care has been taken in the preparation of the Site. However, specification and particulars in relation to our Services on the Site are subject to change without prior notice. We will make every effort to ensure that Services are accurately depicted on the Site, however, you that they may differ from what is displayed on the Site. We will not be held liable for any errors or omissions.

10.5 The Site is intended to provide general information and relevant information for booking appointments only. Any content and information on the Site are not the be taken as a guarantee that you will achieve the same or similar results with our Services.

10.6 Nothing on this Site purports to offer specific personal, medical, legal or financial advice. Use caution and always seek medical and professional advice before acting on any information or using any Services that we provide online.

10.7 The use of any information provided is solely at your own risk.

10.8 We make no warranty, representation, or guarantee regarding the suitability of our Services for any particular purpose.

10.9 We make no warranty, representation or guarantee regarding the outcome, benefit and effect of using our Services for any particular purpose, including the purpose advertised on the Site.

10.10 We do not assume any liability whatsoever arising out of the Site or use of any Services, outside of any requirements under law. You shall not rely on any data and Services specifications provided by us. It is your responsibility to independently determine suitability of any Services and to test and verify the same.

10.11 We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold us harmless for any loss suffered as a result of our recommendations and information supplied in connection with our Services and in accordance with the Site and further acknowledge and agree that the indemnities under clause 12 are considered reasonable.

10.12 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL (or any liability under them) which by law may not be limited or excluded.

10.13 We expressly exclude all liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by:

(a) Your use of our Services;
(b) Any planned or foreshadowed system downtime of the Site;
(c) Non-performance of the Site;
(d) Any reliance on the Site;
(e) Any incorrect data entry made by you on the Site;
(f) Any incorrect data or content, errors, mistakes or inaccuracies on the Site;
(g) Any loss or corruption of your data at any time;
(h) Any defects, errors and bugs in the Site;
(i) Any unauthorised access to or use of the Site;
(j) Any misuse, abuse or alterations to the Site;
(k) Any interruption or cessation of transmission to or from the Site;
(l) Your acts or omissions, including your wilful damage, negligence or abnormal working conditions;
(m) An event outside of our reasonable control;
(n) Any viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Site by any 3rd party, which is beyond our control; and/or
(o) Loss of privacy and confidential information.

10.14 Subject to the other terms of this clause, our maximum aggregate liability owed to you for any loss or damage or injury arising out of or in connection with your use of the Site or our Services, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.

10.15 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by Law, including but not limited to, those rights under the ACL.

10.16 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.

10.17 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of income, profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.

10.18 Without limiting any of the above you acknowledge and accept all of the terms contained in our Disclaimer and Waiver.

10.19 This clause applies to the fullest extent permitted by Law and survives termination of these Terms.

11 YOUR OBLIGATIONS

11.1 You agree:

(a) to only use our Site and Services in accordance with these Terms and to not use them for any commercial purposes;
(b) to follow any instructions provided on Services, through the information provided on our Site and in-person correctly and carefully;
(c) that your use of our Site and Services will not violate any laws in Australia and when accessed in another jurisdiction, the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws of New South Wales, Australia;
(d) that photographs and video footage may be taken during the performance of our Services and will be retained as a private record for the clinic and practitioner, however you can request to opt out when filling out our Consent Forms;
(e) that photographs and video footage may be taken during the performance of our Services and may be used for marketing purposes without any remuneration to you, however you can request to opt out when filling out our Consent Forms;
(f) that in using the Site or Services you must not post any inappropriate, threatening, harassing, defamatory, obscene or offensive comment;
(g) to let us know as soon as practicable if you are unable to attend your appointment or need to reschedule;
(h) to make payment of our Services promptly as requested by us; and
(i) to act in good faith.

12 INDEMNITY

12.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:

(a) your use of our Site and Services;
(b) any claim made against us or you by a 3rd party arising out of or in connection with your use of our Services, our Site or these Terms;
(c) any breach of these Terms by you, including any failure to pay any fees;
(d) any conduct taken by you constituting intellectual property infringement of our IP or any copying, reproduction, circulation, distribution or publication of our IP being contrary to Law;
(e) any reliance by you or a 3rd party on the Site; and
(f) the enforcement of these Terms.

12.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law;

12.3 We are not responsible, and expressly limit our liability to the extent permitted by Law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance on or use of the Site; and

12.4 This clause survives the termination of this Agreement.

13 NO DISPARAGEMENT

13.1 At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us or any of our Services nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.

13.2 Should you breach this clause, you hereby indemnify us in accordance with clause 12 above.

14 FORCE MAJEURE

14.1 We will not be in breach of these Terms or liable to you for any Loss that you may incur as a direct result of any temporary unavailability of the Site or our failing to perform our obligations or being prevented, hindered or delayed in performing our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.

14.2 If a Force Majeure Event occurs, we will notify you in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.

14.3 On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.

14.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.

14.5 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including, but not limited to:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;

(d) epidemic, pandemic, health emergencies, disease;

(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(f) interruption or failure of utility Services (including the inability to use public, private telecommunications networks, servers or 3rd party hosting platforms); and

(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;
however does not include a lack of funds.

14.6 References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses howsoever arising or caused, including, without limitation, negligence.

15 LINKED WEBSITES, AFFILIATES OR SPONSORS

15.1 Any links to other websites on the Site, which are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked websites will be subject to the terms of use and service contained within each such websites.

15.2 As affiliates of certain services we may also receive compensation for recommending, endorsing or promoting services as featured on the Site or in the course of delivering our services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.

15.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.

16 SEVERABILITY

16.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

17 NO ASSIGNMENT

17.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.

17.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 weeks.

18 SUB-CONTRACTING

18.1 We are free to sub-contract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.

19 ENTIRE AGREEMENT

19.1 These Terms, our Disclaimer and Waiver and the terms and policies contained within contain the entire understanding and agreement between the parties as to the subject matter of these Terms.

19.2 No oral explanation or information provided by a party to another affects the meaning or interpretation of these Terms or constitutes any collateral agreement, warranty or understanding.

20 NO ADVERSE CONSTRUCTION

20.1 The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.

21 BINDING ON SUCCESSORS

21.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

22 DISPUTE RESOLUTION

22.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

22.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

22.3 In the case of claims against us, all notices are to be provided to beautysculptingclinic@gmail.com.

22.4 If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

22.5 Once a mediator is appointed, the parties agree that:
(a) The costs of the mediator shall be borne equally between the disputing parties.
(b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

22.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

22.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

22.8 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

22.9 This clause survives termination of these Terms.

23 APPLICABLE LAW

23.1 These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises between us.

24 YOUR FEEDBACK

24.1 We welcome enquiries or feedback on the Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.

24.2 If you have questions or comments regarding the Site or our Services, please email us at beautysculptingclinic@gmail.com © Progressive Legal Pty Ltd – All legal rights reserved (2022). These Terms were last updated on 11 November 2022.