These Client Terms, together with any Client Form (defined in clause 1), set out the agreement (this ‘Agreement’) under the terms of which Luxx Beauty Room ABN 92 647 050 486 ( Luxx Beauty) provides Services (defined in clause 2) to you or the company which you represent (the Client).
(a) These Client Terms will apply to all the Client’s dealings with Luxx Beauty, including being incorporated in all agreements, quotations or orders under which Luxx Beauty is to provide services to the Client (each a Client Form) together with any additional terms included in such Client Form (provided such additional terms are recorded in writing).
(b) The Client will be taken to have accepted this Agreement if the Client accepts a Client Form, or if the Client orders, accepts or pays for any services provided Luxx Beauty after receiving or becoming aware of this Agreement or these Client Terms.
(c) In the event of any inconsistency between these Client Terms and any Client Form, the clauses of these Client Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in a Client Form) will prevail over these Client Terms to the extent of any inconsistency.
(a) In consideration for the payment of the fees set out in the Client Form (Fees), Luxx Beauty will provide the Client with services set out in a Client Form (Services).
(b) Unless otherwise agreed, Luxx Beauty may, in its discretion:
(i) not commence any Services until the Client has paid any Fees or deposit payable in respect of such Services; and
(ii) withhold delivery of Services until the Client has paid an invoice in respect of such Services.
The Client agrees and acknowledges that Luxx Beauty cannot guarantee any specific results from the Client’s participation in the Services. Outcomes of the services Luxx Beauty provides are dependent on a great number of factors and differ between individual to individual and as such specific outcomes cannot be guaranteed.
(a) The Client must provide Luxx Beauty with all documentation, information and assistance reasonably required for Luxx Beauty to perform the Services.
(b) The Client agrees to liaise with Luxx Beauty as it reasonably requests for the purpose of enabling Luxx Beauty to provide the Services.
The Client warrants that, on or prior to the Treatment Date, they:
(a) will complete the Screening Tool located in Appendix A and;
(i) if they answer ‘yes’ to any of the questions contained in the Health Screening Tool, obtain a doctor’s certificate stating that they are allowed to participate in the Services;
(ii) if they answer ‘yes’ to any of the questions contained in the Screening Tool and cannot obtain a doctor’s certificate stating that they are allowed to participate in the Services, agree to participate in the Services at their own risk, if permitted to do so by Luxx Beauty;(b) have read and signed the Agreement and Waiver located in Appendix B.
The Client must pay to Luxx Beauty fees in the amounts and at the times set out in the Client Form or as otherwise agreed in writing.
5.2 DEPOSITThe Customer must pay the deposit (if any) specified in the Client Form. All deposits are non-refundable for change of mind or cancellation (without limiting any protections the Client has under the Australian Consumer Law).
5.3 INVOICES Unless otherwise agreed in the Client Form:
(a) if the Luxx Beauty issues an invoice to the Client, payment must be made by the time(s) specified in such invoice; and
(b) in all other circumstances, the Client must pay for all services within 2 weeks of receiving an invoice for amounts payable.
5.4 PAYMENT METHOD The Client must pay Fees using the fee payment method specified in the Client Form.
5.5 EXPENSES Unless otherwise agreed in writing:
(a) the Client will bear all travel, accommodation, office stationery, computer storage, media and related expenses reasonably incurred by Luxx Beauty in connection with a Client Form; and
(b) any third party costs incurred by Luxx Beauty in the course of performing the Services may be billed to the Client,
5.6 GST Unless otherwise indicated, amounts stated in a Client Form do not include GST. In relation to any GST payable for a taxable supply by Luxx Beauty, the Client must pay the GST subject to Luxx Beauty providing a tax invoice.
5.7 CARD SURCHARGES Luxx Beauty reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(a) The Client must pay additional service fees for changes to Services requested by the Client which are outside the scope set out in the relevant Client Form (Changes).
(b) Unless otherwise agreed in writing, Luxx Beauty may at its discretion extend or modify any delivery schedule or deadlines for the Services as may be reasonably required by such Changes.
Unless otherwise specified in the Client Form:
(a) Luxx Beauty may photograph or record any results from the Services provided to the Client (Photography) unless the Client specifically directs Luxx Beauty otherwise.
(b) Luxx Beauty retains the right to reproduce, publish and display the Photography in Luxx Beauty’s portfolios and websites for the purposes of recognition or professional advancement, and to be credited with authorship of the Services in connection with such uses.
(a) Any Service that requires Luxx Beauty to acquire goods and services supplied by a third party on behalf of the Client may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.
(b) The Client agrees to any Third Party Terms applicable to any goods and services supplied by a third party that the Client or Service Provider acquires as part of the Services and Luxx Beauty will not be liable for any loss or damage suffered by the Client in connection with such Third Party Terms.
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement or a Client Form are excluded.
(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
(a) (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of Luxx Beauty to the Client in respect of loss or damage sustained by the Client under or in connection with this agreement is limited to the total Fees paid to Luxx Beauty by the Client as at the date of the first event giving rise to the relevant liability.
(b) (Indemnity) The Client agrees at all times to indemnify and hold harmless Luxx Beauty and its officers, employees, agents and contractors (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the Client or the Client’s officers’, employees’, agents’ or contractors’:
(i) breach of any term of this agreement; or
(ii) negligent, fraudulent or criminal act or omission.
(c) (Consequential loss) Luxx Beauty will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by Luxx Beauty, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
11.1 BY LUXX BEAUTY Luxx Beauty may terminate this Agreement in whole or in part immediately by written notice to the Client, if the Client is in breach of any term of this Agreement.
11.2 BY CLIENT
(a) A client may terminate this Agreement by providing at least 24 hours notice to Luxx Beauty (Notice).
(b) If the Client cancels the Services, the Client acknowledges and agrees that the Client will be liable to pay the Cancellation Fees set out in the Client Form.
11.3 SURVIVALAny clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.
(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this Agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party, whichever is earlier.
14.1 GOVERNING LAW AND JURISDICTION
This Agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
14.2 AMENDMENTS This Agreement may only be amended in accordance with a written agreement between the parties.
14.3 WAIVER No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
14.4 SEVERANCE Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this Agreement is not limited or otherwise affected.
14.5 JOINT AND SEVERAL LIABILITY An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
14.6 ASSIGNMENT A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party.
14.7 COUNTERPARTS This Agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this Agreement and all together constitute one Agreement.
14.8 COSTS Except as otherwise provided in this Agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this Agreement.
14.9 ENTIRE AGREEMENT This Agreement embodies the entire Agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or Agreement, express or implied, in relation to the subject matter of this Agreement.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $; or “dollar” is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.
All Luxx Beauty Room gift cards are non-refundable and non-transferable. Gift Cards can be redeemed towards any Luxx Beauty Room product or service. Gift Cards cannot be redeemed for cash. Gift Cards are non-refundable. Gift Cards are the equivalent of cash. If lost or stolen, cards will not be replaced. Gift cards come with an expiry of 3 years from the date of purchase, this is not retrospective. Expired Gift Cards do not retain any value. Luxx Beauty Room reserves the right to change services without notice. Gift Cards must be presented upon arrival. Cancellations within 24 hours of your appointment may result in a cancellation fee being charged to the Gift Card(s).You cannot use your Gift Card for treatments on a public holiday. Gift Cards redeemed for treatments on a Sunday may incur a surcharge.