Vanish Skin Clinic

Terms and Conditions

 1.        USE

 

 This website is owned and operated by Belle et Jeune Pty Limited

ACN 154 586 991.  By browsing and using our website and/or registering for an account you are agreeing to comply with and be bound by the following terms and conditions of use.

 

(a)        A reference to “Belle”, “we” or “us” in these Terms and Conditions includes Belle et Jeune Pty Limited, its directors, officers, employees and agents.

 

(b)        The information and settings provided in this website are correct at the time of publishing.  Belle takes no responsibility for the accuracy of the information and graphics.  Some information is obtained from our suppliers and third parties.  We take every possible precaution to deliver accurate information, but cannot be held responsible for minor variances that may occur in such information.  In the event that any errors or omissions on the website are brought to our attention, we shall endeavour to rectify those errors or omissions as soon as possible.  However, we will not be responsible for any consequential loss suffered by any users of the website as a result of our errors or omissions.

 

(c)        The content of the pages of this website is for your general information and use only.  We reserve the right to amend or update our website without providing notice to you.

           

(d)        This website contains material which is owned by or licensed to us.  This material includes, but is not limited to, information, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.

 

(e)        Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

           

(f)        From time to time this website may also include links to other websites.  The linked sites are not under the control of Belle and Belle is not responsible for the content of any linked site or any link contained in a linked site. Belle reserves the right to terminate any link at any time. Any links are provided as a convenience to you only and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this website you do so entirely at your own risk. Belle disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked site.

 

(g)        You may not create a link to this website from another website or document without our prior written consent.

 

2.         COPYRIGHT

 

Unless otherwise specified, all materials on this website are the property of Belle and are protected by the copyright laws of Australia and throughout the world by the applicable copyright laws. The use of any such material on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorised use may violate copyright, trade mark and other similar laws. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than as follows:

 

(a)        You may print or download to a local hard disk extracts for your personal and non-commercial use only, provided you keep intact all copyright and other proprietary notices.

 

(b)        You may copy the content to individual third parties for their personal use, but only if you acknowledge this website as the source of the material.

 

(c)        Other than as outlined in (a) and (b) above no materials on this website, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without prior written permission from Belle.

 

 3.        TRADE MARKS

 

The trade marks, service marks and logos of Belle and others used in this website (Trade Marks) are the property of Belle and their respective owners. You have no right to use any such Trade Marks, and nothing contained in this website or these Terms and Conditions grants any right to use (by implication, waiver, estoppel or otherwise) any Trade Marks without the prior written permission of Belle or the respective owner.

 

 4.        SYSTEM INTEGRITY

 

(a)        You must not, by the use of any device, software, action or instruction, interfere or attempt to interfere with the proper working of the Website or any activities being conducted on the Website.

 

(b)        You must not disclose or share any confidential information, including your password to or with any third parties or use any such information for any unauthorised purpose.

 

(c)        You are solely responsible for your transmissions through the Website.

 

(d)        You must be open and honest in all your communications through the Website.

 

(e)        You must not use the Website for illegal purposes.

 

(f)        You must comply with all relevant laws, regulations, policies and procedures in relation to your use of the Website.

 

(g)        We reserve the right to determine whether or not you are in default of the Terms and Conditions and may, in our sole discretion, immediately terminate your Account and use of the Website when we believe that you are in default of the Terms and Conditions.

           

(h)        We agree to always act reasonably when exercising our right to terminate your Account in relation to the Website.

 

 5.        REGISTRATION

 

(a)        Access to and use of password protected or secured areas of this website is restricted to authorised users only. You must register to obtain an Account to access such areas.

(b)       The granting of an Account is at the sole discretion of Belle.

(c)        You must be able to enter a legally binding contract for you to be able to register an Account and use the Website.

(d)        You must be open and honest when registering your details and obtaining an Account.

 

(e)        It is your obligation to update your details on your Account.

 

(f)        We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete, accurate and current information.

 

(g)        Upon registering your Account you will receive a user name and password. 

 

(h)        You are responsible for the security of your user name and password and Account.

 

(i)         We will assume that anyone using your user name and password is authorised by you.

 

(j)        You must notify us immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.

 

(k)       You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any materials you are exposed to through this website.

 

                             (l)         We will contact you by email for the following purposes:

                       

                             (i)         newsletters and other promotional events and offers;

 

(ii)        updates regarding current transactions or business dealings involving Belle and you;

                       

                             (iii)       requests to participate in customer feedback.

 

 (m)     We accept no liability for any loss or damage incurred if, for whatever reason, you do not receive contacts such as those outlined above.

 

 (n)       When you register your Account you may provide us with personal data, which we will use in accordance with our Privacy Statement.

 

            (o)        We will not sell your information to other mailing lists.

 

 6.        YOUR INFORMATION

 

(a)        “Your Information” includes any information you provide or communicate to us at any time, including when you register to use the Website and any material provided by you which is posted or displayed on this website.

 

(b)        You are solely responsible for Your Information and we may assume that Your Information is being legally and validly used and is correct.

 

(c)        We may deal with Your Information if, in our absolute discretion, it is necessary.

 

(d)        Except for any disclosure by you for technical support purposes, specified in our Privacy Policy or is clearly marked by you to the contrary, Your Information will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to Belle will be deemed the property of Belle and Belle shall be entitled to full rights of ownership, including without limitation, unrestricted rights to use or disclose such in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you.

 

(e)        You must ensure that Your Information:

 

(i)         is true, accurate and complete;

 

(ii)        is not false or misleading;

 

(iii)       does not infringe any other person’s rights or privacy;

 

(iv)       is not contrary to any applicable law or industry code of practice;

 

(v)        is not defamatory, threatening or harassing;

 

(vi)       is not obscene or pornographic; or

 

(vii)      does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

 

(f)        You must not do or allow to be done anything involving the Website which:

(i)        may be contrary to any applicable law or industry code of practice, or

          

(ii)        is prohibited by these Terms and Conditions.

 

7.         OUR RIGHTS

 

(a)        We may refuse you the right to use the Website if you give information which is untrue, inaccurate or incomplete; or

 

(b)        If we believe that you have engaged in any form of misleading and deceptive conduct you may, in the sole discretion of Belle, be permanently suspended from the Website and any associated accounts and Websites.

 

(c)        Although not obliged to Belle will have the right to review your communications on this website to determine whether you comply with these Terms and Conditions. Belle will not have any liability or responsibility for the content of any communications you make on or via this website, or for any errors or violations of any laws or regulations by you. Belle will comply with any court order in disclosing the identity of any person making communications on or via this website.

 

 (d)       Belle may suspend, cancel or terminate your access to the Website if you breach or fail to observe the Terms and Conditions or for any other reason at Belle’s absolute discretion.

 

 (e)       We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Account if you breach these Terms and Conditions or if we are unable to verify or authenticate any information you provide to us.

 

 (f)       If we suspend your access to the Website, you may not register again.

 

 

8.         FALSE OR MISLEADING CONDUCT

 

(a)        You must not use a false name in respect to your Account or any forms you complete on our website.

 

 (b)       We may refer fraudulent users to the police and to your internet Website provider.

 

(c)        You may be sued for any losses suffered by any person arising out of any illegal action.

 

9.         LIABILITY AND INDEMNITIES

 

9.1       Our Liability to You

 

(a)        We are not responsible for any loss, liability or damage incurred by you as a result of the sending or receiving or the failure to send or receive any communications due to any reason whatsoever.

 

(b)        We provide the Website without any express or implied warranty.

           

(c)        In no event shall Belle be liable for any direct, indirect, special, incidental or consequential losses or damages including, without limitation, loss of profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this website or any linked site, damages resulting from use of or reliance on the information or materials presented on this website, whether based on warranty, contract, tort or any other legal theory even if Belle has been advised of the possibility of such damages.

 

(d)        We do not guarantee continuous, uninterrupted or secure access to the Website.

 (e)       You acknowledge that the internet can be an unstable and, sometimes, insecure environment and that the Website may at times not be available.

 

(f)        We do not guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Website.

 

(g)        We do not guarantee the preservation of any record, particularly after the provision of the Website to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.

 

(h)        We are not liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising due to us exercising our discretion as outlined in these terms and conditions.

 

10.       INDEMNITIES

 

(a)        You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Website.

 

(b)        You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (“the Indemnified Parties”) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in the Agreement including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.

 

(c)        You further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis, made by any third party due to or arising out of a breach of the Terms and Conditions by you, or the infringement by you, or other user of the Website using your user name and password, of any intellectual property or other right of any person or entity.

 

 

11.       PRIVACY

 

(a)        Our Privacy Statement (as it appears from time to time) is available on the Website.

 

(b)        We will take all reasonable steps to abide by this policy and all users of the Website agree to the policy when using this Website.

 

(c)        If you do not agree to the collection of this information and the other information specified in the Privacy Statement, then you may not use the Website.

 

(d)        By registering with the Website and accepting these Terms and Conditions, you also consent to:

 

(i)         the collection of a variety of personal information which is specified in greater detail in the Privacy Statement, including your name, address, contact details, and your use of our Website generally;

 

(ii)        the use of your personal information for certain purposes as specified in greater detail in the Privacy Statement, including internal use for improving the Website, meeting our obligations under State and Federal laws, statistical analysis of usage of our Website to improve the Website, to utilise our content and product offerings and deliver promotional material to you and administrative purposes connected with the Website.

 

(e)        We may disclose your information in the circumstances specified in the Privacy Statement.

 

12.       COMPLAINTS, CONCERNS & SUGGESTIONS

 

If you have any complaints, concerns or suggestions about this Website please contact Belle Technologies Pty Ltd to address the issue.  We also value your feedback and suggestions, please email This email address is being protected from spambots. You need JavaScript enabled to view it..

 

13.       GENERAL

 

If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood or other event beyond the reasonable control of the other party.

 

These Terms and Conditions are current as at 2 November 2014.

 

Belle may update these Terms and Conditions at any time with or without notice to you. You are responsible for ensuring that you are aware of and comply with these Terms and Conditions as applicable from time to time.

 

14.       DISCLAIMER

 

 Belle assumes no responsibility for accuracy, correctness, timeliness or content of the materials on this website. You should not assume that the materials on this website are continuously updated or otherwise contain current information. The materials provided on this website are provided “as is” and any warranty (express or implied), condition or other terms of any kind, including without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or title is hereby negatived to the extent allowable by law.

 

 15.      APPLICABLE LAWS

 

These Terms and Conditions are governed by the law in force in the state of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning these Terms and Conditions.