HAIR, BEAUTY, LIFE CO
TERMS & CONDITIONS
Welcome to the website of Lyndle Bryan trading as “HAIR, BEAUTY, LIFE CO" (ABN 14 886 684 684) (“we", “us" or the “Company”).
This website is located on the web via the domain https://hairbeautylifeco.com and includes all of the files and content located in that domain (“this Site").
Agreement to these Terms and Conditions
By accessing this Site you agree to be bound by these terms and conditions (“Terms and Conditions"). These Terms and Conditions constitute a binding agreement between you and Hair, Beauty, Life Co and govern your use of this Site. If you do not agree to these Terms and Conditions, you should not use this Site.
Restrictions on use
Your use of this Site is subject to the rules set out in Schedule 1 below.
Violations of these Terms and Conditions
Without limiting any other remedies available to Hair, Beauty, Life Co at law or in equity, Hair, Beauty, Life Co reserves the right to, without notice:
temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide services to you if:
you breach any provision of these Terms and Conditions;
Hair, Beauty, Life Co is unable to verify or authenticate any information that you provide to us; or
Hair, Beauty, Life Co believes that your actions may cause damage and/or legal liability to Hair, Beauty, Life Co, any of its customers or suppliers or any other person; and
remove or block access to any information and/or materials (in whole or in part) that Hair, Beauty, Life Co, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Terms and Conditions.
You indemnify and hold harmless Hair, Beauty, Life Co and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
any material or information that you submit, post, transmit or otherwise make available through this Site;
your use of, or connection to, this Site; or
your negligence or misconduct, breach of these Terms and Conditions or violation of any law or the rights of any person.
In order to make a booking through this Site, you must agree to these Terms and Conditions and provide Hair, Beauty, Life Co with:
your full name;
a valid email address;
accurate contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
any other information that may be required by Hair, Beauty, Life Co during the booking process.
You represent and warrant to Hair, Beauty, Life Co that all information provided to Hair, Beauty, Life Co by you is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Approval of bookings
Hair, Beauty, Life Co reserves the right to accept or reject any booking through this Site at its discretion.
Changes to Non-Bridal Bookings
Hair, Beauty, Life Co understand that sometimes you may need to change your booking. We kindly request forty eight (48) hours’ notice so that we can offer that time slot to another client. Your deposit will be held for your next booking. However, if you do not provide us with forty eight (48) hours’ notice or you fail to attend your appointment, you may send a friend or family member in your place, or your deposit will be forfeited.
The employees of Hair, Beauty, Life Co pride themselves on providing you with exceptional service and quality customer care. All of our stylists are professional, educated and experienced and will provide you with the best hair and makeup services possible.
We do not issue refunds on home salon services. However, should you have any questions or concerns about the service you have received, please notify the stylist within three (3) days of your service. If you are not satisfied with the work performed, we require that you contact us so that your hair can be visually inspected. We will make every effort to correct any problems to your satisfaction by rescheduling you with the stylist who performed the initial service, or with another stylist of your choice, at no additional charge to you.
All bridal hair and or makeup packages are non-refundable within six (6) months of the booking time, once a deposit/holding fee is made this holds the date for you and your preferred stylist, cancellations can result in significant loss if cancelled within six (6) months of the booking time.
Once your deposit has been made, you acknowledge and agree to our Terms and Conditions.
We will do our best to get to your appointment on time but from time to time, due to unforeseen circumstances we may be running late or have to re-schedule your appointment. If for any reason the stylist does not show you will be refunded in full.
No Show/Late Arrival Policy
Hair, Beauty, Life Co’s No Show/Late Arrival Policy is designed to protect not only our business’ bottom line and in turn, our affordability, but also to keep things fair for all clients.
“No show” means the client does not turn up for their appointment or are not there upon our artists arrival. No shows and last minute cancellations enormously disadvantage our business. They also mean that other clients cannot book those time slots with us.
It is reasonable that you may be running late due to unforeseen circumstances. Hair, Beauty, Life Co considers ten (10) minutes late to be reasonable. If this happens please contact us immediately.
Unreasonable lateness or no shows will forfeit the booking, and will fees apply. If you need to cancel within the forty eight (48) hour cancellation period, you are agreeing to forfeit your deposit.
If your appointment was a gift voucher, free treatment or a packaged treatment, the time has been lost and therefore the voucher, free treatment, or packaged treatment has been forfeited.
We do not issue refunds on any deposits paid/holding fees, if you cancel before the forty eight (48) hour cancellation period you can either roll the deposit over to your next booking or pass it onto a family member.
Dealings with third parties
Content supplied by third parties
The Site provides links to websites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
any loss or damage that results from any dealings that you may have with such third party content.
Third party goods/services and Websites
We do not recommend or endorse any third party content, or goods or services that are listed, advertised or referred to in this Site or the content of any third party Websites. We are not responsible for the content of linked third party Websites, Websites framed within this Site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with Websites containing information that some users may find inappropriate or offensive. Your use of any third party Websites is at your own risk and subject to their respective terms and conditions of use.
You acknowledge that Hair, Beauty, Life Co does not:
check the truth or currency of any of the material or information that users and third parties provide or make available through this Site;
offer professional advice on the quality or suitability of any information supplied by any such users or third parties; or
endorse or recommend any third party supplier or any user or third party content and/or information, including where details of the relevant supplier are provided by Hair, Beauty, Life Co to you or otherwise become known to you through this Site.
In these Terms and Conditions, the term “Proprietary Content" means:
all of its content (including all of the text, graphics, designs, software, data, sound and video files, and other information contained in this Site, and the selection and arrangement thereof); and
all software, systems and other information owned or used by Hair, Beauty, Life Co in connection with this Site (whether hosted on the same server as this Site or otherwise).
All Proprietary Content is the property of Hair, Beauty, Life Co or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms and Conditions or with the prior written consent of Hair, Beauty, Life Co or other copyright owner (as applicable).
You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Hair, Beauty, Life Co. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Hair, Beauty, Life Co.
If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party Website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within fourteen (14) days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further fourteen (14) days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAIR, BEAUTY, LIFE CO AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This Site is provided strictly on an “as is" basis. To the maximum extent permitted by law, Hair, Beauty, Life Co and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
this Site will meet your requirements or expectations;
anything on this Site, or on any third-party Website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
the quality of any information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
errors or defects will be corrected; or
this Site or the servers that make it available are free of viruses or other harmful components.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, Hair, Beauty, Life Co and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms and Conditions or the use of this Site by you or any other person.
To the maximum extent permitted by law, Hair, Beauty, Life Co and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Hair, Beauty, Life Co’s sole discretion):
in the case of goods, to any of the following:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
You agree that your use of this Site is at your own discretion and risk. You agree to release Hair, Beauty, Life Co and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms and Conditions or the use of this Site by you or any other person. Hair, Beauty, Life Co may plead this release as a bar and complete defence to any claims or proceedings.
To the maximum extent permitted by law, and without limiting any other provision of these Terms and Conditions, Hair, Beauty, Life Co excludes liability for any delay in performing any of its obligations under these Terms and Conditions where such delay is caused by circumstances beyond the reasonable control of Hair, Beauty, Life Co, and Hair, Beauty, Life Co shall be entitled to a reasonable extension of time for the performance of such obligations.
To the maximum extent permitted by law, Hair, Beauty, Life Co makes no representation, warranty or undertakings about the accuracy and completeness of the information contained on this Site. Hair, Beauty, Life Co will not be liable for any inaccuracies or omissions or any direct, indirect, or consequential damages or loss caused by the use of any of the information contained on this Site or uploaded by any user or third party. While due care has been used in preparation of all information contained on this Site and provided by Hair, Beauty, Life Co, actual results may vary materially. Forecasts and hypothetical examples are subject to uncertainty and contingencies outside Hair, Beauty, Life Co’s control and for which Hair, Beauty, Life Co accepts no liability.
In these Terms and Conditions, the following rules of interpretation apply:
headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms and Conditions;
these Terms and Conditions may not be construed adversely against Hair, Beauty, Life Co solely because Hair, Beauty, Life Co prepared them;
the singular includes the plural and vice-versa;
a reference to a “person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by “including", “for example", “in particular" or similar expressions.
Hair, Beauty, Life Co may provide any notification for the purposes of these Terms and Conditions by email and/or text message.
All advertised prices are in Australian Currency (AUD) and are subject to Goods and Service tax (GST). GST will be charged extra on top of the advertised prices.
The Price List on this Site is subject to change at any given time without notice.
Except as specifically provided in these Terms and Conditions, each party must bear its own legal, accounting and other costs associated with these Terms and Conditions.
You may not assign, transfer or sub-contract any of your rights or obligations under these Terms and Conditions without Hair, Beauty, Life Co’s prior written consent. Your registration with this Site is personal to you and may not be sold or otherwise transferred to any other person.
Hair, Beauty, Life Co may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions at any time without notice to you.
Waiver of any power or right under these Terms and Conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Hair, Beauty, Life Co to act with respect to a breach by you or others does not waive Hair, Beauty, Life Co’s right to act with respect to that breach or any subsequent or similar breaches.
The provisions of these Terms and Conditions are severable and, if any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Hair, Beauty, Life Co reserves the right to amend these Terms and Conditions and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site.
You may only vary or amend these Terms and Conditions by written agreement with Hair, Beauty, Life Co.
Governing law and jurisdiction
These Terms and Conditions will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
YOU MUST NOT:
use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
use this Site by any automated means;
use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this Site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
falsely imply that any other Website is associated with this Site;
do anything that leads, or may lead, to a decrease in the value of Hair, Beauty, Life Co’s intellectual property rights in this Site;
use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Hair, Beauty, Life Co without Hair, Beauty, Life Co’s prior written consent; or
use this Site to transmit any information or material that is, or may reasonably be considered to be:
abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
in breach of any person’s privacy or publicity rights;
a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
containing any political campaigning material, advertisements or solicitations; or
likely to bring Hair, Beauty, Life Co or any of its staff into disrepute.