Terms of Use
About the Website
Welcome to luxelips.com.au, the Website for Luxe Lips Aesthetic Clinics.
This Website is operated by the Luxe Lips team. Access to and use of the Website, or any of its associated Products or Services, is provided by the Luxe Lips team. Please read these terms and conditions carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its Services, immediately.
Luxe Lips Aesthetic Clinics reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Luxe Lips team updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by the Luxe Lips team in the user interface.
Your obligations as a Member
As a Member, you agree to comply with the following:
- You will use the Services only for the purposes that are permitted by: the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
you have the sole responsibility for protecting the confidentiality of your account and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You are to agree immediately, notify the Luxe Lips team of any unauthorised use of your account or email address or any breach of security of which you have become aware;
access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of the Luxe Lips Aesthetic Clinics providing the Services;
you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of the Luxe Lips Aesthetic Clinics;
you will not use the Services or Website for any illegal and/or unauthorised us which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited emails or unauthorised framing of or linking to the Website;
you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by the Luxe Lips team for any illegal or unauthorised use of the Website and associated images; and
- (viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
Payment
Where the option is given to you, you may make payment by way of: PayID, bank transfer, Afterpay, Zippay and Zip Money.
All payments madden the course of your use of the Services are made by the accounts team at the Luxe Lips Aesthetic Clinics. In using the Website the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Luxe Lips Aesthetic Clinics terms and conditions which are available on their website.
You acknowledge and agree that where a request for payment is returned and denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the provided Services.
You agree and acknowledge that the prices of Services at the Luxe Lips Aesthetic Clinics can vary at any time.
Refund Policy
The Luxe Lips Aesthetic clinics will only provide you with a refund of the booking deposit in the event that they are unable to provide the Services, or if the appointment is cancelled at least 24 hours prior to the commencement of your booking.
Copyright and Intellectual Property
The Website, the Services and all of the related products of the Luxe Lips Aesthetic Clinics are subject to copyright. The material on the Website and associated social media pages is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Service and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by the Luxe Lips Aesthetic Clinics or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by the Luxe Lips Aesthetic Clinics, who grant to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device’s cache memory; and
print pages from the Website for your own personal and non-commercial use.
The Luxe Lips Aesthetic Clinics do not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by the Luxe Lips team.
- The Luxe Lips Aesthetic Clinics retain all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer to you any:
business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
- You may not, without the prior written permission of the Luxe Lips Aesthetic Clinics and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or playing public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition extends to materials on the Website, which freely available but not in the public domain.
Privacy
- The Luxe Lips Aesthetic Clinics take your privacy very seriously and any information provided through your use of the Website and/or Services is subject to the Luxe Lips Aesthetic Clinic’s Privacy Policy, which is available on the Website.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Laws (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
The Luxe Lips Aesthetic Clinics will not be liable for any special, indirect or consequential loss of damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guaranteee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise).
- Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Luxe Lips Aesthetic Clinics make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of the Luxe Lips team) referred to on the Website, including (but not limited to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of date, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website)
costs incurred as a result of you using the Website, the Services or any products of the Luxe Lips Aesthetic Clinics; and
the Services or operation in respect to links which are provided for your convenience.
Limitation of liability
The Luxe Lips Aesthetic Clinics’ total liability arising out of or in connection with the Services and these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that the Luxe Lips Aesthetic Clinics, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
- The Terms will continue to apply until terminate by either you or by the Luxe Lips team as set out below.
- If you want to terminate the Terms, you may do so by:
providing a full day’s notice of your intention to terminate and;
closing your accounts for all the services which you have used.
Your notice should be sent to us, in writing, via text message, email or Instagram message, via the Contact Us link on our homepage.
The Luxe Lips Aesthetic Clinics may, at any time, terminate the Terms with you if:
You have breached any provision of the Terms or intend to breach any provision;
The Luxe Lips Aesthetic Clinics are required to do so by law;
The provision of the Services to you by the Luxe Lips Aesthetic Clinics is, in the opinion of the Luxe Lip team, no longer commercially viable.
- Subject to local applicable laws, the Luxe Lips Aesthetic Clinics reserve the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts the Clinic’s name or reputation or violates the rights of those of another party.
Indemnity
You agree to indemnify the Luxe Lips Aesthetic Clinics, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach fo the Terms.
Dispute Resolution
Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice: A party to he Terms claiming a Dispute has arisen under the Terms, must give written notice to the other party dealing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- Resolution: On receipt of that Notice by that other party, the parties to the Terms must:
Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the owner of the Luxe Lips Aesthetic Clinic;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Melbourne, Australia.
Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clauses are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation: If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
- The Services offered by the Luxe Lips Aesthetic Clinics are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
Governing Law
The Terms are governed by the laws of Melbourne, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties, having taken the opportunity to obtain independent legal advice, declare the Term are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
