ACCEPTANCE OF TERMS
In this agreement (‘this Agreement’), ‘you’ and ‘your’ refers to the person using the on-line Evolve Skin Rejuvenation Clinic ordering service (‘the Service’). ‘We’, ‘us’ and ‘our’ refers Evolve Skin Rejuvenation Clinic, the provider of the Service.
BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, OR YOU AGREE THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE PERSON USING THE SERVICE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ALSO WARRANT THAT YOU ARE AT LEAST 16 YEARS OF AGE OR THAT THE PERSON SUBSCRIBING IS AT LEAST 16 YEARS OF AGE.
Each time you access the Service you confirm that you have read and agree to this Agreement.
TERM OF AGREEMENT
Upon our acceptance and processing of your registration, a contract will be formed and you will be bound by this Agreement. The contract remains in force until it is terminated in accordance with this Agreement.
YOUR REGISTRATION OBLIGATIONS
In order to use the Service you are required to open an account by entering your email address and a password (‘the Registration Data’) on the Evolve Skin Rejuvenation Clinic website (‘the Website’).
You acknowledge that true and accurate Registration Data is essential for the Service to operate effectively and you agree to provide information relevant to our Service as prompted by the Service’s registration page.
You must ensure that your password is kept secure and confidential and not revealed to any other person. Furthermore, you may not permit any other person to use your account. You may change your password at any time after logging in. You can change your password at any time by logging in via the My Account link at the top of any page and selecting ‘Edit your password and account details’. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
COMMUNICATIONS FROM US
You consent to receiving emails from us concerning your registration to use the service and concerning any orders you place. Unless you refuse your consent by writing to the Evolve Skin Rejuvenation Clinic email address set out below, you also consent to receiving emails about new offers and promotions. You can also opt out of receiving promotional emails at any time by clicking the ‘unsubscribe’ link at the end of a promotional email and following the instructions.
YOUR USE OF THE SERVICE
While we will use our best endeavours to achieve acceptable standards of service, we do not guarantee that your access to the Service and the Website will be fault free.
As a condition of your use of the Service, you agree that you will not use the Service or the Website for any purpose that is unlawful or prohibited by this Agreement and that you will comply with all guidelines we may publish and communicate to you from time to time.
You agree that you will not interfere with the normal operation of the Service or the Website.
You agree to abide by all applicable local, state, national and international laws, regulations and applicable codes and to be solely responsible for all acts or omissions that occur under your account and password. For example, you agree:
- not to use the Service or the Website in connection with any unlawful content (including messages in breach of telecommunications, consumer protection, racial non-vilification or anti-spam laws);
- not to use the Service or the Website in a way that causes unnecessary alarm, distress or panic;
- not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
- not to create a false identity for the purpose of misleading others as your identity; and
- not to interfere with another person’s use and enjoyment of the Service.
You may terminate your account at any time by providing us with written notice using the email contact address set out below. Your account will be terminated within one business day of our receiving your termination request.
You agree that we, in our sole discretion, may suspend or terminate your use of the Service (or any part thereof) and/or this Agreement if:
- you are in material breach of this Agreement (that is, a breach that is not inconsequential or that puts at risk our legitimate legal or commercial interests)
- you have provided us with false or misleading information;
- you have failed to pay monies owing to us; or
- we believe you are about to or may become or are at risk of becoming subject to any form of bankruptcy or insolvency administration.
You agree that any suspension or termination under this clause may be effected without prior notice. If we suspend or terminate your access to the Service for a material breach of this Agreement, we may reactivate your access to the Service if we subsequently become satisfied that you have remedied the relevant breach of this Agreement.
We may terminate this Agreement without being obliged to provide any reason on 30 days notice in writing to you.
You acknowledge and agree that on termination we may immediately deactivate or delete your account and all related information in your account. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service or for any discontinuance in providing the Service.
CONSUMER OBLIGATIONS UNDER AUSTRALIAN LAW
All goods ordered by you and supplied by us will be:
- fit for all the purposes for which goods of that kind are commonly supplied;
- acceptable in appearance and finish;
- free from defects;
- safe; and
The Service will be:
- provided with due care and skill;
- fit for the purpose for which it was provided; and
- provided within a reasonable time.
You can return an item to us if it is
- incorrectly described
- different from a sample shown
- not of an acceptable quality
If the item is unsafe, or can’t be fixed within a reasonable time, or you simply would not have bought it given the nature of the defect, we’ll offer you an exchange or refund. If there is a minor problem with the item we reserve the right to repair the defect.
To ask for an exchange, repair or refund, you’ll need to prove that you purchased the item via the Website.
A refund will be issued using the same method as your original payment.
PROCEDURES FOR THE RETURN OF GOODS AND CANCELLATIONS
When returning goods:
- Please return them in a complete state
- Please return them within 7 days of receiving them
In your return parcel please include:
- Your name
- Your address
- The reason for returning the goods
- A copy of the relevant invoice
Please post all returns to:Evolve Skin Rejuvenation Clinic
Shop 3 1328 North East Road,
Tea Tree Gully S.A. 5091
We recommend you use registered post to return your goods.
- To cancel an order, please contact us immediately via email at email@example.com . Please include your order number and name when cancelling.
- We are unable to accept cancellations for any order that have been already dispatched.
DISCLAIMER OF WARRANTIES
Other than as set out in the previous clause, we disclaim all warranties with regard to the information and goods advertised on the Website and your use of the goods or services advertised, including all implied warranties that, by law, can be excluded.
If we become liable for any breach of any such warranty, our liability shall be limited at our option, to any one or more of the following:
In the case of goods:
- replacement of the goods or the supply of equivalent goods;
- repair of the goods;
- payment of the cost of replacing the goods or acquiring goods; or
- payment of the cost of having the goods repaired
In the case of services either:
- supplying the services again or
- payment of the cost of having the services supplied again.
We also disclaim liability for any damages that, by law, can be excluded (including special, indirect or consequential) arising out of or in connection with the use of our goods or services, whether in contract, at common law or in equity, or on any other basis.
You agree that in using the Service, you will not use any trade mark, business or trading name or copyright material in a way that is likely or intended to cause confusion about the owner or authorised user of such mark, name or material.
This Agreement is governed by the laws in force within Australia and the parties agree to be bound by the exclusive jurisdiction of the Courts of Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions will remain in full force and effect.
EVOLVE SKIN REJUVENATION CLINIC CONTACT DETAILSEmail address: firstname.lastname@example.org
Phone: 08 8396 3399
Shop 3 1328 North East Road,
Tea Tree Gully S.A. 5091
This online merchant is located in Australia.