Terms of Use

AGREEMENT BETWEEN USER AND AF AESTHETICS

This website is owned and operated by AF Aesthetics Pty Ltd trading as AF Aesthetics (“AF Aesthetics ”).

Your access to and use of the information on this website, along with our Privacy Policy and other notices on our website, are governed by and subject to these terms and conditions of use (“Terms”) and all applicable law. The AF Aesthetics website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the AF Aesthetics website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

AF Aesthetics reserves the right to update or change the terms, conditions, and notices at any time without notice to you by publishing the new terms or conditions on our website. By continuing to use this website you confirm that you have read and accept the Terms as they apply from time to time. If you do not accept these Terms, you must immediately refrain from accessing or using our website.

LINKS TO THIRD PARTY SITES

The AF Aesthetics website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of AF Aesthetics and AF Aesthetics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AF Aesthetics is not responsible for webcasting or any other form of transmission received from any Linked Site. AF Aesthetics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or approval by AF Aesthetics of the site or any association with its operators.

AF Aesthetics makes no representations or warranties about the truth, accuracy, completeness, security or currency of the content or information contained on the website including the competence, character or identity of any third party listed or identified on this website. You access Linked Sites at your own risk.

Further, AF Aesthetics has no control over Linked Sites and will not accept any responsibility or liability for any injury, loss or damage suffered by you arising from or caused by any Linked Sites. If you choose to leave the AF Aesthetics website via links to other unaffiliated sites, including those of advertisers, we are not responsible for the privacy practices of those sites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the AF Aesthetics website, you warrant and represent to AF Aesthetics that you will not use the AF Aesthetics website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the AF Aesthetics website in any manner which could damage, disable, overburden, or impair the AF Aesthetics website or interfere with any other party’s use and enjoyment of the AF Aesthetics website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the AF Aesthetics websites.

PROTECTION

Given the nature of the internet, AF Aesthetics cannot guarantee that any data transmission is totally secure, free from viruses, malicious computer code, fault or other conditions which could damage or interfere with your computer systems. It is your responsibility to ensure that you have sufficient protections in place to protect your computer and systems and to scan any materials from this website for viruses or other defects or corruptions that may cause damage to or interfere with your computer or systems. AF Aesthetics does not warrant that its website is free from viruses, defects or other corruptions and accepts no liability that may arise as a result of use, directly or indirectly, of this website. AF Aesthetics will also not be liable and accepts no responsibility for any interruption to your access to this website.

AF Aesthetics does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once AF Aesthetics or its third party receives your transmission, AF Aesthetics and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact us immediately.

YOUR ACCOUNT

If you use this website and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register on the website, you agree that any information you provide to us will be current, accurate and complete. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorised use of your account and/or password(s), or other breach of security.

You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website. All rights reserved.

USE OF COMMUNICATION SERVICES

The AF Aesthetics website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

AF Aesthetics has no obligation to monitor the Communication Services. However, AF Aesthetics reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AF Aesthetics reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

AF Aesthetics reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AF Aesthetics does not control or endorse the content, messages or information found in any Communication Service and, therefore, AF Aesthetics specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised AF Aesthetics spokespersons, and their views do not necessarily reflect those of AF Aesthetics.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO AF Aesthetics OR POSTED AT ANY AF Aesthetics WEBSITE

AF Aesthetics does not claim ownership of the materials you provide to AF Aesthetics (including feedback and suggestions) or post, upload, input or submit to any AF Aesthetics website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AF Aesthetics permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. AF Aesthetics is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in AF Aesthetics’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY

While AF Aesthetics endeavours to ensure that all information on this website is current and accurate, the information on this website may become outdated over time. AF Aesthetics undertakes no obligation to correct or update any content or information on this website. AF Aesthetics makes no representations or warranties that this website and/or its contents are accurate, complete, reliable, current or error-free. AF Aesthetics is not responsible for typographical errors or omissions relating to pricing, text, photography or any other contents on this website.

To the extent allowable under the Competition and Consumer Act 2010 or any other applicable law, we:

(a) exclude all conditions and warranties implied into these Terms;

(b) exclude consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss or revenue, loss of data and loss of profits);

(i) in the case of goods:

(A) the replacement of the goods or the supply of equivalent goods;

(B) the repair of the goods;

(D) the payment of having the goods repaired; and

(ii) in the case of services:

(E) the supply of the services again; or

(F) the payment of the cost of having the services supplied again; and

(d) limit our liability in respect of any other claim under or in connection with these Terms, whether the claim is based in contract, tort (including negligence), statute or otherwise, to the amount paid to us by you under these Terms and reduce that liability to the extent that you cause or contribute to the loss the subject of the claim.

You must take all reasonable steps to minimise any loss you suffer or are likely to suffer and that is the subject of a claim against us under these Terms. If you do not take reasonable steps to minimise that loss, then our liability to you for the relevant claim will be reduced accordingly.

We will not be liable under these Terms to the extent that liability is caused by:

(I) any breach of your obligations under these Terms or a negligent act or omission by you; or

(II) any delay in performance or breach of these Terms which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosing our website.

You agree to indemnify AF Aesthetics and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any content or information that you provide via this website or any damage that you may cause to this website. This indemnity includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

Each indemnity in these Terms is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these Terms for whatever reason.

TERMINATION

AF Aesthetics may terminate your access to and use of this website at any time without giving any explanation or justification.

AF Aesthetics has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to and use of this website.

COPYRIGHT AND TRADEMARK NOTICES:

AF Aesthetics is the owner of the copyright of this website and the content contained on the website. This includes all written and other material, illustrations, designs, photographs, video clips, icons, images of people, places and/or products posted on this website. You may use the website for personal use only and must not use it for commercial purposes. You are not authorised to and must not adapt, distribute, print, transmit, reproduce, modify, display, perform or publish any part of this website or the content contained on it without the express written permission of AF Aesthetics.

This website is the exclusive property of the AF Aesthetics and is protected by Australian and international copyright laws. Any unauthorised use of any content or materials on this website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes.

TRADEMARKS

The website may contain registered trademarks owned by AF Aesthetics and may also contain trademarks owned by other parties. You are not authorised to copy, imitate or use these trademarks (in whole or in part) without the express written permission of AF Aesthetics or the relevant other party.

You agree that all the materials displayed on or available through this website, including without limitation any and all names, design, text, logos, data, information, graphics, underlying software, displayed on or available from this website are protected by copyright, trademark and other intellectual property laws and are available for your personal use only.

COOKIES

Our website contains cookies. A cookie is a small text file that is sent back to your computer’s hard drive from a host website. They record your preferences in relation to your use of a site and provide us with other information about your inquiry that allows us to recognise you in the future. Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser). The cookies on our sites do not read the information on your hard drive. They do not make your computer perform any actions or make your computer send information to any other computer via the internet.

PRIVACY

We have adopted a privacy statement and you should refer to it to fully understand how we collect and use your information. The privacy statement explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

APPLICABLE LAW

Although this website may be accessed worldwide, content is only intended for residents in Australia. By accessing, browsing or using this website, you agree that these Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia.

Regardless of where you access this website, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or state courts located in New South Wales, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and us.