The service is provided by Aimees Beauty Design (ABN: 38 617 810 821), under the title “Aimees.”
Please read these Terms of Conditions carefully, as they contain important information about your legal rights, remedies and obligations. By accessing or using Aimees website, you agree to comply with and be bound by these Terms and Conditions.
Your Use of this Site and Rules
Aimees provides you access to www.aimeesbeautydesign.com.au/ to purchase products and engage in beauty treatments.
In using this site, you must not collect or harvest personal information.
You will not use the site for any unlawful purpose, nor transmit via the site any inaccurate, incomplete or false information, nor will you post or transmit on the site any abusive, harmful, threatening, libellous, vulgar, obscene or otherwise objectionable material. You confirm that you will not post or transmit any material which contains any virus or other disabling devices which interferes with the operation of the site; or which alters or deletes any information which you have no authority to alter or delete; or which overloads the site by spamming or flooding the site.
You shall be authorised to use Aimees products and services as a user only for personal, non-commercial use. For details of your rights to use the Aimees site, see:
http://www.copyright.org.au;
http://www.ipaustralia.gov.au/ip/copyright.shtml; or
http://www.copyright.asn.au
Access to Aimees site does not transfer to you any commercial or promotional use rights.
The use and access of Aimees website is based on booking or acquiring services that is time limited. The terms of access to the site and Aimees web pages can be changed by Aimees at their sole discretion.
You acknowledge that, because some aspects of Aimees products and administration of the Usage Rules entails the ongoing involvement of Aimees; if Aimees changes any part of or discontinues the Aimees service, which Aimees may do at its discretion, you may not be able to use or access Aimees’s products and services to the same extent as prior to such change or discontinuation, and that, to the full extent permitted by law, Aimees shall have no liability to you in such case.
Aimees may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Aimees website that is accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste.
You hereby grant Aimees a worldwide, royalty-free, nonexclusive license to use such materials as part of Aimees service, or in relation to Aimees services, without any compensation or obligation to you. Aimees reserves the right to not post or publish any materials, and to remove or edit any material that in the reasonable opinion of Aimees, does not comply with the Terms and Conditions, at any time without notice or liability.
Aimees in its sole discretion shall determine your compliance with the above and shall have the right to prevent you from using the site and/or delete from the site immediately and without prior notice any material that it deems not to comply or the be objectionable for any reason.
Contracting Electronic Products
Your use of the Aimees services and products includes the ability to make bookings and purchase merchandise. By purchasing services and products, you acknowledge that your electronic submissions constitute your agreement and intent to be bound by our agreements. Your agreement and intent to be bound by the electronic submissions apply to all records relating to your activity within this site, including notices of policies, applications and cancellations.
To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility, and not the responsibility of Aimees.
Aimees may vary from time to time the content of material, including improvements, inclusions, and corrections and Aimees is not responsible for the accuracy of the material and content. The material is supplementary, and users are responsible to consult the most recent editions of relevant guides from the Aimees website.
Requirements for the purchases of products
Only persons aged 15 years or older can create accounts at www.aimeesbeautydesign.com.au . Accounts for persons under 15 years old can be created by a parent or legal guardian. The purchaser must have a linked bank account or the means to purchase and pay for Aimees Products and Services.
Use of the Aimees site requires compatible devices, internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software is recommended to access the Aimees website and may be required for certain transactions. You agree that meeting these requirements, which may change from time to time, is your sole responsibility.
Account Details
As a user of Aimees, you may establish an account (“Account”). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Aimees of any security breach of your Account. Aimees shall not be responsible for any losses arising out of the unauthorized use of your Account.
Privacy
Aimees website is subject to Australian Privacy laws and legislation.
In addition, you agree any data and/or personal information you provide may be transferred to Aimees and its related bodies corporate according to the Corporations Act 2001 (Cwth) and/or other overseas locations where Aimees is able to maintain strict control of the data according to applicable local law.
Please refer to Aimees Privacy Policy.
Use of Content and Availability
Aimees reserves the right to change content options (including eligibility for features) without notice.
Except to the extent that applicable laws prevent Aimees restraining you from doing so, you agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology used by Aimees for any reason, to interfere with, remove or alter any rights management information or to attempt or assist another person to do so.
You agree not to access the Aimees website by any means other than through purchasing and/or booking that is provided by Aimees for accessing the Aimees website. You shall not access or attempt to access an Aimees Account that you are not authorised to access.
Third Party Materials
Certain content that Aimees makes available via the Aimees website may include materials from third parties. Aimees may provide links to third-party websites as a convenience to you. You agree that Aimees is not responsible for examining or evaluating the content or accuracy and Aimees does not warrant and, to the full extent permitted by law, will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Aimees is not in any way responsible for any such use by you.
Objectionable Material and Offence
You understand that by using the Aimee website, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having offensive material. Nevertheless, you agree to use the Aimees website at your sole risk and Aimees shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.
Intellectual Property
You agree that the Aimees website, including but not limited to Aimees content, material, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to access the Aimees website, contains proprietary information and material that is owned by Aimees and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use and access to Aimees website in compliance with this Agreement.
Notwithstanding any other provision of this Agreement, Aimees reserve the right to change, suspend, remove, or disable access to any Aimees website or material. This includes content or other materials comprising a part of the Aimees website at any time without notice. In no event will Aimees be liable for making these changes. Aimees may also impose limits on the use of or access to certain features or portions of the Aimees website, in any case and without notice or liability.
All copyrights in and to the Aimees website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Aimees, its related entities and/or its licensors, who reserve all their rights in law and equity.
Trademarks, service marks, graphics, and logos used in connection with the Aimees website may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Termination Rights
Aimees reserves the right to modify, suspend, or discontinue access to the Aimees website (or any part or content thereof) at any time with or without notice to you, and, to the full extent permitted by law, Aimees will not be liable to you or to any third party should it exercise such rights. Termination of access to the Aimees website is at Aimees sole discretion. You may cease to access the Aimees website at any time.
Warranties and Limited Liabilities
Aimees does not guarantee, represent, or warrant that your use of the Aimee website provides an uninterrupted or error-free site, and you agree that from time-to-time Aimees may remove the Aimees website for indefinite periods of time, or cancel access to the Aimees website at any time, without notice to you, where reasonably necessary to protect Aimees legitimate interests.
You expressly agree that your use of, or inability to use, the Aimees website is at your sole risk. In addition, under the Australian Consumer Law, there are certain consumer guarantees which cannot be excluded, including guarantees as to access, merchant ability, fitness for purpose, supply by description, repairs and title.
In no case shall Aimees, its related entities, Directors, Officers, Employees, Affiliates, Agents, Contractors or Licensors be liable for an direct, indirect, incidental, punitive, special or consequential damages arising from your use of any of the Aimees website, or for any other claim related in any way to your use of the Aimees website, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content or product posted, transmitted, or otherwise made available via the Aimees website, even if advised of their possibility.
Aimees shall use reasonable efforts to protect information submitted by you in connection with the Aimees website, but you agree that your submission of such information is at your sole risk and Aimees hereby disclaims any and all liability to you for any offence, loss or liability to such information in any way.
Aimees does not represent or guarantee that Aimees website will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion and Aimees disclaims any related or direct liability.
Indemnity and Waiver
You agree by accessing the Aimees website, to the extent permitted by law, to indemnify and hold Aimees, its related entities, its Directors, Officers, Employees, Agents, Contractors and Affiliates harmless in respect to any claims arising out of your breach of this agreement. This means that, to the extent permitted by the law, you cannot sue or recover any damages from Aimees, its related entities, its Directors, Officers, Employees, Agents, Contractors and Affiliates as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend, or terminate your access to the Aimees website. This indemnity and waiver provision applies to all violations described in or contemplated by this Agreement.
Changes to the Agreement
Aimees reserves the right at any time to modify this Agreement (Terms and Conditions) and to impose new or additional terms or conditions on your use of the Aimees website. Such modifications and additional terms and conditions will be effective immediately upon notice to you and incorporated into this Agreement. Your continued use of the Aimees website will be deemed acceptance thereof.
Miscellaneous
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Aimees website. All access and activities on the Aimees website are governed by the laws of Australia (or your resident State), without giving effect to its conflict of law provisions. Your use of the Aimees website may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Aimees or relating in any way to your use of the Aimees website resides in the courts of Australia. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Australia upon electronic transmission to the recipient.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Dated: 25 November 2023
