Booking Terms And Conditions
By making a booking, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; together these form an "Agreement" with us, Parasol Factor Pty Ltd t/as Beautiful Skin Day [ABN 651603600]. If you don’t agree, you cannot make a booking.
BOOKING OUR SERVICES
The Booking Fee must be paid to secure the Booking for your skin consultation. We do not book any dates until the Booking Fee has been paid in clear funds. All Booking Fees are non-refundable.
YOUR OBLIGATIONS
You agree to provide us with various information at least 48 hours prior to your Booking (“Information”). You represent and warrant that:
- All Information you provide is current and correct (you must promptly inform us of any updates to the information); and
- You will respond promptly to any of our requests for further information*.
- For all online appointments, you must have sufficient technology set up, including access to equipment with audio-visual capabilities for our sessions; eg Zoom and a good internet connection;
Any personal information you provide for your Booking is used subject to our Privacy Policy which you can read here. You acknowledge and agree that we rely on the Information you provide to perform the Services.
*Where we contact you and receive no reply within 14 days, your Booking may be forfeited.
CONFIDENTIALITY
When performing the Services, we will have access to your Confidential Information. We agree to keep it confidential and secure. We will not disclose or permit any person or third party to access the Confidential Information. This includes any social media posting.
RELIANCE ON ADVICE
We are not health professionals or medical doctors. We strongly recommend that you seek independent medical advice in relation to any health or medical information we provide. For example, we do not provide any diagnosis or treatment. Any health or medical information is not a substitute for professional advice, and any reliance on this information is made at your sole risk. Your participation in the services is always voluntary.
PAYMENT TERMS
All Booking Fees must be made via our payment processor at the time of booking. Where you pay by card, bank or payment processing fees will be charged to you.
You authorise us to deduct all our fees from your credit card provided. Where any payment is not made, interest will be charged at the rate of 11% per annum. Any legal collection fees will be billed to you.
CANCELLATIONS AND REFUNDS
Where you wish to cancel a Booking, you must provide us as much notice as possible, and email us at hello@beautifulskinday.com. A Cancellation Fee may apply where less than 72 hours notice is provided.
If you are not on time for an appointment, we will have to reduce your skin consultation time and the full fee will still apply.
To the extent permitted by law, all Booking Fees are non-refundable. We do not provide any refunds for cancelled Bookings as we have put aside time, attended to preparation, and have been unable to book in other clients. This includes, but is not limited to, cancellations by you due to relationship breakdowns, personal, family, or financial situations, unforeseen circumstances, or illness. We also do not provide refunds for your change of mind, or where you failed to provide us with adequate information.
RESCHEDULING
You may reschedule 1 appointment per month to a mutually convenient alternative time. Any rescheduling to other dates and times are at our sole discretion and are subject to availability. You must contact us at hello@beautifulskinday.com to request a rescheduling.
CONSUMER GUARANTEES
Our Services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a Service, you are entitled to:
- Cancel this Agreement with us and to a refund of the unused portion, or
- To compensation for it's 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 this Agreement and obtain a refund for the unused portion.
INTELLECTUAL PROPERTY
We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the performance of the Services. You must not use any Materials for any purpose other than your sole personal use. Any Materials we provide you must not be reproduced or resold without our prior written permission which will be given at our absolute discretion and will be the subject of license fees.
MARKETING
Where you provide us with testimonials and photos and/or videos, we may use the testimonials, photos and videos for marketing and information purposes, or for publications exhibitions and professional awards. This includes, but is not limited to, on social media.
You must seek our consent prior to photographing or recording us during the skin consultation or using any of our photos or videos.
TERMINATION
We may refuse to provide Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, and/or do not pay our invoices we may immediately refuse to deliver the Services. This includes where you have not provided, in a timely manner and within 48 hours of your booking, the information we require to conduct the skin consultation. We can also stop offering our Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Services. We will, however, endeavour to notify you if we suspend or stop our Services.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of the Services, including, but not limited to, any errors or omissions in any Website content, price changes or discontinued Services, or reliance on our information. To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: -
- The supply of equivalent Services; or
- The payment of the cost of the Services.
In any case, our liability to you will not exceed the amount actually paid by you to us.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including where you provide incorrect information.
FORCE MAJEURE
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
IF THERE IS A DISPUTE
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire agreement between you and us and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms and other terms and conditions on our website, these Terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities intended to survive this Agreement will survive termination of this Agreement.
DEFINITIONS
“Australian Consumer Law” mean Schedule 2 of the Competition and Consumer Act 2000.
“Booking” means the booking of your online skin consultation.
“Booking Fee” means the fee we require at the time of booking to secure your Booking and is the total fee for your skin consultation.
“Cancellation Fee” means 20% of the Booking Fee where less than 72 hours prior notice is provided.
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.
“Confidential Information” means any information disclosed in your skin consultation, or where provided to us, any personal information as defined under the Privacy Act 1988 (Cth) and any information you let you know is confidential or is marked as confidential, however, it does not include information already in the public domain, or that is required to be disclosed by law.
“Force Majeure Event” means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.
“Information” means the information we require from you before your Booking in order to provide the Services, and may include any skin concerns, products you use or prefer, images of your skin, goals, budget preferences, values and health information.
“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered.
“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
“Materials” means any of our templates, or copy, images or any materials provided to you as part of the Services.
“Services” means the online skin assessment, education and consultation services we agree to provide to you.
“We, us, or our” means Parasol Factor Pty Ltd 651603600 and includes any of our directors, officers, employees, agents, partners, or contractors.
“Website and services” means www.parasolfactor.com.au, www.parasolfactor.com, www.parasolfactor.au, and everything available on this website including, but not limited to, all services.