Terms and Conditions

Last Review on 01-July-2013

I. GENERAL

This Web site, www.melbournefacials.com.au, (the “Site”) and all other Web sites owned, operated or maintained directly or indirectly by Laser, Skin and Wellness Clinic and/or its affiliated companies for your information, personal entertainment and non-commercial enjoyment, subject to these Terms and Conditions and all modifications hereto, in addition to all applicable laws and any other policies that may be posted from time to time on the LSW Sites, the foregoing being collectively referred to as the “Terms and Conditions”). By accessing the LSW Sites, you agree to be bound by the Terms and Conditions. The Terms and Conditions may be updated from time to time. Accordingly, you should check the date of the Terms and Conditions (which appears at the top of this page) and review any changes since the last version. If at any time you do not agree to the Terms and Conditions, please do not use the LSW Sites. Your continued use of the LSW Sites constitutes your agreement to these Terms and Conditions.

II. TRADEMARKS AND COPYRIGHTS

As between LSW and you, except for User Content (as defined below), LSW is the sole owner of all content on the LSW Sites, including, without limitation, all applicable AU and non-AU patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the LSW Sites (“LSW Proprietary Material”). The compilation (meaning the collection, arrangement and assembly) of all LSW Proprietary Material on the LSW Sites is the exclusive property of LSW. The contents of the LSW Sites are copyrighted under AU copyright laws.

III. USE OF MATERIALS ON THE SITE

Except as otherwise provided in these Terms and Conditions, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the LSW Proprietary Material or any portion thereof, for any purpose. You may, however, (i) print a copy of individual screens appearing as part of the LSW Sites solely for your personal, non-commercial use or records, provided that any marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens, and (ii) download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included or accessed through the LSW Sites and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such materials for any commercial purpose. Modification of the materials appearing on the LSW Sites or use of such materials for any other purpose is a violation of LSW’s copyright and other proprietary rights.

IV. ACCURACY

We attempt to be as accurate as possible when describing our products on the site; However, to the extent permitted by applicable law, we do not warrant that the product description, color, information or other content on the site are accurate, complete, reliable, current, or error-free.

V. Registration; User Names and Passwords

If you become a registered member and create an account on any of the LSW Sites, you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose and (ii) all activities that occur under such password or account identifiers. You agree to notify LSW of: (i) any loss of your password or account identifiers and (ii) any unauthorised use of your password or account identifiers. LSW will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms and Conditions.

VI. USER CONTENT

A. LSW welcomes user comments, information and submissions from registered users of the Site. In addition, you and other users of the LSW Sites from time to time may have an opportunity to post certain knowledge, material, or commentary on the LSW Sites, including, but not limited to, comments on our products, advertising and other promotional materials or events, as well as other facts, advice, “tips,” and opinions. Except for any personal information we may collect from you under the guidelines established in our Privacy Policy, all information and other content that you post on the LSW Sites will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Site.

B. By your posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials on the LSW Sites (“User Content”) in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the LSW Sites from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated and you are 18 years old or the age of majority in your jurisdiction. Without limitation of the foregoing, you agree not to use the LSW Sites to:

  • (a) upload, post, e-mail, or otherwise transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals);
  • (b) upload, post, e-mail, or otherwise transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability;
  • (c) harm any person in any way; (d) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party/individual;
  • (d) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • (e) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the LSW Sites or any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
  • (f) interfere with or disrupt the LSW Sites or servers or networks linked to the LSW Sites, or disobey any requirements, procedures, policies, or regulations of networks linked to the LSW Sites;
  • (g) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the AU government and authorities, and any rules, regulations, orders, directives and the like having the force of law;
  • (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the LSW Sites, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability;
  • (i) use the LSW Sites for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services;
  • (j) solicit other guests of the LSW Sites to become members of any commercial on line service or other online or offline group or organization;
  • (k) impersonate others, including, without limitation, a LSW employee, host, or representative, or other members or visitors on the LSW Sites; or
  • (l) harvest, collect or store information about the users of the LSW Sites or the User Content or use such information for any purpose inconsistent with the purpose of the LSW Sites or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

C. You acknowledge and agree that User Content you view or post on the LSW Sites is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content. You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of LSW, and LSW does not support or endorse any User Content or any other content or otherwise posted by you or any other user. You acknowledge that LSW does not pre-screen, monitor, review, or edit the User Content posted by you and other users on the LSW Sites. However, LSW and its designers have the right (but not the obligation) at their sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in LSW’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate, or inaccurate. Any or all postings on or through the LSW Sites may be purged periodically in LSW’s sole discretion. LSW is not responsible for any failure, non-failure, or delay in removing such User Content. In this regard, you acknowledge that you may not rely on any User Content available on the LSW Sites, whether created by LSW or submitted to LSW. User Content includes the opinions, statements and other content of third parties, not LSW. LSW does not endorse any such opinions, statements or other content posted on or accessible through the LSW Sites. LSW does not assume any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by LSW’s receipt or acceptance of any such materials.

D. Any User Content submitted by you to the LSW Sites will be deemed non-proprietary and non-confidential and may be used by LSW without restriction. You shall be solely responsible for any User Content submitted by you to the LSW Sites and the consequences of posting or publishing such Content. In connection with your User Content, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to grant LSW the rights discussed below; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your User Content to grant LSW the rights discussed below. By submitting or sending information, material, or any other communication to LSW including User Content, you grant LSW the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, post or display such User Content (in whole or in part) and/or to incorporate it in other works in any form, media (including but not limited to the LSW Sites), or technology now known or later developed for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. LSW and its affiliates may use or otherwise transfer or dispose of any and all User Content without restriction and users of the LSW Sites shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by LSW. E. You understand that the technical processing and transmission of the LSW Sites may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. LSW assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the LSW Site.

V. PRIVACY POLICY

All personally identifiable information provided via the LSW Sites is subject to our Privacy Policy. For information on how personally identifiable information is collected, used or disclosed by LSW in connection with your use of the LSW Sites, please consult our Privacy Policy.

VI. LINKS TO OTHER SITES

You may be able to link to third party Web sites (“Linked Sites”) from the LSW Sites. LSW is not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein. LSW cannot ensure that you will be satisfied with any products or services that you purchase from Linked Sites, since such sites are owned and operated by independent third parties. LSW does not make any representations or warranties as to the security of any information you might be requested to give to any third party. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such Linked Sites and any content contained thereon. In no event shall LSW be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. LSW reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the LSW Sites and/or introduce different features or links to different users.

Other sites may link to the LSW Sites only through a plain-text link subject to the prior written approval of a duly authorized employee of LSW. To seek our permission, please contact us through one of the methods described on our Contact Us page. LSW reserves the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the LSW Sites, at our discretion, with or without cause, at any time.

VII. DISCLAIMERS

VISITORS TO THE LSW SITES AGREE THAT THEIR USE OF THE LSW SITES IS AT THEIR OWN SOLE RISK. THE LSW SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, LSW (INCLUDING ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE LSW SITES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LSW ALSO MAKES NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND LSW HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE LSW SITES MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. LSW AND ITS AFFILIATES DO NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE LSW SITES BY ANYONE OTHER THAN AUTHORIZED LSW EMPLOYEES ACTING IN SUCH CAPACITY.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE LSW SITES, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (I) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE LSW SITES, OR (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. LSW DOES NOT WARRANT OR GUARANTEE: (I) THAT ANY PORTION OF THE LSW SITES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (II) THAT ACCESS TO THE LSW SITES WILL BE UNINTERRUPTED OR ERROR-FREE.

LSW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE LSW SITES. YOU (AND NOT LSW OR ANY OF ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

VIII. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE LSW SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE LSW SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LSW SITES IS AT YOUR OWN RISK AND THAT THE LSW SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL LSW OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE LSW SITES, EVEN IF LSW SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE LSW SITES.

IX. Amendments To The LSW Privacy Policy

PLEASE NOTE THAT WE MAY CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME TO CONFORM TO CHANGES IN THE LAW OR FOR OTHER REASONS, WHICH WE RESERVE THE RIGHT TO DO WITHOUT YOUR CONSENT AND SUCH REVISED TERMS AND CONDITIONS WILL BE APPLICABLE AT THE TIME OF POSTING ON THE LSW SITES. Your continued use of the LSW Sites following the posting of changes to these TERMS AND CONDITIONS means you accept the changes.

X. CLAIMS

The LSW Sites are intended and directed to residents of the Australia only and all advertising and claims contained in the LSW Sites are valid only in the AU.

XI. HOW TO CONTACT US

Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to LSW Clinic, Shop 050, Chadstone Shopping Centre. You agree that LSW may send notices to you regarding your use of the LSW Sites by means of electronic mail, a general notice posted on the LSW Sites or by written communication delivered either by overnight courier or US mail to your email or mailing address as appearing in LSW’s records from time to time.

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