Terms & Conditions
Effective date: 1st January 2022
Thank you for choosing SkinQueen Society! These Terms and Conditions govern the relationship between the Parties. By clicking “accept” you agree to these Terms and Conditions.
These Terms and Conditions (the ‘Terms’) are read in conjunction with the information on the Booking Page (the ‘Booking Page’) and Course Information Page of the website (the ‘Information Page’). The Information Page can be accessed here.
- Parties You are the Client, and your details are set out on the Booking Page of the website. - AND - SkinQueen Pty Ltd (ABN: 66492705895).SkinQueen offers a self-guided course that assists businesses to learn more about skin physiology and skin concerns. (the ‘Course’) in a group and individual setting, over a 8-week period titled SkinQueen Society. (the ‘Services’). You have engaged SkinQueen to provide the Services.
- The Engagement
2.1. SkinQueen agrees to perform the Services for You, for the Fees, Terms and on the Date/s as set out on the Information Page.
2.2. SkinQueen agrees to commence the Services on the Commencement Date, upon acceptance of these Terms and Conditions, and upon payment of the required Fees as set out on the Booking Page.
2.3. The Commencement Date is outlined on the Information Page. 2.4. A portion of the Course is self-guided, but SkinQueen will also work with you in a group setting to achieve your goals.
2.5. Both Parties agree that the Services will be provided online.
2.6. SkinQueen offers an upgrade to the Services where participants will receive additional courses. If You choose to upgrade the Services, this will be reflected in the Fees.
3.1. You agree to pay SkinQueen the Fees as set out on the Booking Page.
3.2. The Fees payable to SkinQueen to perform the Services may be adjusted from time to time as agreed by the Parties in writing on account of changes in relation to the nature of the Services to be Performed by SkinQueen.
3.3. You agree that if you are making payment through a payment plan, your original method of payment will be directly debited as per the payment plan.
3.4. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
- Cancellation and Termination
4.1. You must notify SkinQueen of an intention to cancel the Services as soon as practicable through email to [email protected] and abide by the following (‘Cancellation Policy’).
4.2. The Course is non-refundable. This means that if you wish to terminate the Course, early, all unpaid amounts of the Fees are non-refundable. If You are unable to attend a group session, you will not be provided with a refund.
4.3. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, SkinQueen reserves the right to immediately collect all outstanding amounts of the Fees without notice by charging your method of payment, and your access to the Services will be revoked.
4.4. In the event that any payment under the Terms is not made in full on the due date, SkinQueen is entitled to charge You interest at the rate of 4.5% per annum, calculated daily.
4.5. You agree that if you default on any payments due and payable under the Terms, any costs incurred by SkinQueen Society for steps taken to enforce payment terms will be recoverable and payable by you.
4.6. SkinQueen may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
4.7. SkinQueen reserves the right to terminate your involvement in the Services for breach of these Terms with 7 days’ notice by e-mail.
4.8. If SkinQueen terminates the Services, you agree to pay SkinQueen for the portion of the Services completed up to the date and time of termination.
4.9. SkinQueen will only provide You with a refund of the Fees in the event that SkinQueen Society is unable to continue to provide the Services (the 'Refund').
- Delivery of Course and License Information
5.1. Each purchase of the Services grants to you access to the Course through Kajabi, the Membership Portal (the ‘Membership Portal’).
5.2. When you purchase the Course, SkinQueen Society grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).
5.3. The Licence is valid for lifetime (‘Licence Term’).
5.4. The Course is intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Course materials, booklets, and access to any other aspect of the Course.
- Warranty Period for the Services
6.1. SkinQueen Society will use its best efforts and take all reasonable steps to help You achieve the desired results. However, SkinQueen Society makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results. 6.2. The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, You are entitled to cancel Your Service contract with SkinQueen Society, and are entitled to a refund for the unused portion, or to compensation for its reduced value.
7.1. You are solely responsible for creating and implementing Your own business, marketing, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and Your group sessions and interactions with SkinQueen. As such, You agree that SkinQueen is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Services provided by SkinQueen.
7.2. You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Course.
- Liability and waivers
8.1. SkinQueen total liability arising out of or in connection with the Services or 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.
(a) A waiver of any right, power or remedy under these Terms must be in writing signed by the Party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given.
(b) The fact that a Party fails to do, or delays in doing, something the Party is entitled to do under these Terms does not amount to a waiver.
- Disclosure and Use of Confidential Information
9.1. All obligations of confidence set out in these Terms continue in full force and effect after completion of services.
9.2. SkinQueen must not disclose any Confidential Information to any third Party without your prior consent.
9.3. This Agreement prohibits the disclosure of Confidential Information by SkinQueen with exception to the following circumstances: i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms has consented to the disclosure of such information to the professional adviser; ii. the disclosure is required by applicable law or regulation; or iii. if the confidential information is already in the public domain at no fault of SkinQueen.
- Copyright and Intellectual Property Rights
10.1. Intellectual Property Rights (a) You agree that any works, items, materials or information of whatever nature produced or developed by SkinQueen or under SkinQueen ' direction pursuant to or in the Course of providing the Services will remain the sole and complete property of SkinQueen, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information). (b) If You have fully complied with these Terms and if the works, items, materials or information referred to in clause 10.1(a) have been produced by SkinQueen as part of the Services, SkinQueen grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date. (c) There is no assignment of Intellectual Property Rights by SkinQueen to You pursuant to these Terms. (d) Nothing in these Terms affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.
10.2. Indemnification You hereby indemnify and agree to keep indemnified SkinQueen against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.
- Force Majeure
(a) If circumstances beyond SkinQueen control prevent or hinder its provision of the Services, SkinQueen is free from any obligation to provide the Services while those circumstances continue. SkinQueen may elect to terminate these Terms or keep the Agreement on foot until such circumstances have ceased.
(b) Circumstances beyond SkinQueen’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
(c) For the sake of clarity, if in SkinQueen reasonable opinion, the provision of the Services will be affected by the COVID-19 Pandemic, SkinQueen may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, SkinQueen will not be liable for any losses or damage due to the COVID19 Pandemic. If You choose to terminate an agreement due to the COVID-19 Pandemic, cl. 4.2. will apply.
- Dispute Resolution & Mediation
SkinQueen hopes that a dispute does not arise, however in the unlikely event that it does, the following clause will apply.
(a) If a dispute arises out of or relates to the terms of these Terms, either Party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) A Party to these Terms claiming a dispute (the Dispute) has arisen under the terms of these Terms, must give written notice to the other Party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the Notice).
(c) On receipt of the Notice by the other Party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.
(d) If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Queensland.
(e) It is agreed that mediation will be held in Queensland, with the venue to be agreed.
(f) The parties agree to be equally liable for the Fees and reasonable expenses of a mediator and the cost of the venue of the mediation and 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.
(g) All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
(h) In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute.
You agree that any testimonials that may be provided by you from time to time may be used by SkinQueen for marketing purposes.
- No partnership or agency
Nothing contained or implied in these Terms will create or constitute, or be deemed to create or constitute, a partnership between the parties. A Party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
- Governing Law & Jurisdiction
15.1. This Agreement is governed by the laws of Queensland, Australia.
15.2. In the event of any dispute arising out of or in relation to the Services, SkinQueen agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Queensland, Australia.
Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provisions in any other jurisdiction.
- Entire Agreement and Modifications
Both You and SkinQueen confirm and acknowledge that these Terms, the Booking Page and the Information Page of the website constitute the entire Agreement between You and SkinQueen and shall supersede and override all previous communications, either oral or written, between the parties.
If you have any questions, concerns or complaints about these Terms and Conditions, please contact us:
- By email: [email protected]
- By visiting this page on our website: www.skin-queen.com