- Terms & Conditions
Last updated 13 March 2016
Terms & Conditions
- We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
- Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
- You may not:
(a) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
- If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
Privacy and Personal information
- By using:
(a) the BeautynHealth.com.au and any of their associated services and functionality;
- This Agreement is formed between you and Beauty n Health (referred to in this Agreement as "We", "Us" and "Our").
- Anyone who uses the Website is referred to in this Agreement as "you" and "your".
- If you do not agree to any terms and conditions of this Agreement, you must not use the Website.
- We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to be bound by the changes.
- You must be a registered member to make bookings and access some features of the Website.
- When registering and activating your account, you will provide us with personal information such as your name and address, and a valid email address. You must ensure this information is accurate and current.
- You represent and warrant that:
(a) you are at least eighteen (18) years of age;
(b) you possess the legal right and ability to enter into a legally binding agreement with us; and
(c) you will use the Website in accordance with this Agreement.
Your Use of the Website
- The only authorised access point to the Website is via www.beautynhealth.com.au, We will not be responsible in any way for access outside this access point.
- You agree to use the Website only for purposes that are permitted by:
(a) this Agreement;
(b) any applicable law or regulation; and/or
(c) generally accepted practice or guidelines.
- You must not (or attempt to):
(a) access any part of the Website by any means other than through the interface provided by us;
(b) engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website;
(c) use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except our prior written consent.
(d) interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; or
(e) use, copy, or distribute content except as permitted by this Agreement, by law or with our prior written consent.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- You are solely responsible for the activity that occurs on your account and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
- If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must contact us immediately and take immediate steps to re-secure your account (including by changing your password).
Termination of Services
- We may stop (temporarily or permanently) providing access to the Website to you at our discretion and without prior notice.
- We may terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account.
- We will not be liable to you or any third party in the event of us taking actions under clauses 5.1 and 5.2.
Changes to the Website
- We reserve the right to change the Website at any time for improvements or upgrades as deemed appropriate for Beauty n Health.
Information on this Website
- Information about services on the Website is based on material provided by suppliers.
- You understand and agree that except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by suppliers changing product specifications without notice to us.
- You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the voucher or goods.
- Depictions of services are created or chosen by us for promotional purposes, and may not be an exact representation of the service to be received.
Disclaimer and Liability
- We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
- Unless we are not permitted to do so by law (including under the Australian Consumer Law), we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the Website;
(b) you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website;
(c) personal injury or property damage of any nature resulting from your access to or use of the Website;
(d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(e) any interruption or cessation of transmission to or from the Website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
(g) the quality of any product or service of any linked sites.
- We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party merchants of goods and services.
- Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
- Except as required by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
- It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the service merchant to be insured or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any booking or services. We accept no liability in this regard.
- You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.