TERMS & CONDITIONS
TERMS & CONDITIONS – OVERVIEW
Welcome to NASCENT Skin and Beauty Clinic. Please take some time to read the following terms and conditions applicable to treatments as well as purchasing products through this website.
The following terms and conditions, as well as the terms on ordering, shipping, payment, returns, and security as well as our Privacy Policy and the website terms and conditions govern your purchases through NASCENT Skin and Beauty Clinic and constitute the entire agreement between the contracting parties (‘Agreement’). By placing an order, you agree to be bound by the Agreement as amended from time to time.
The Agreement is subject to change from time to time without notice. Past terms and conditions and Customer Policies can be accessed on request by written notice to NASCENT Skin and Beauty Clinic. Contact details can be found here. Each order or transaction will be governed by the Agreement in force upon the date of that transaction.
Your continued use of the site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the site. For this reason, you should frequently review these terms and conditions and any other applicable customer policies, including their dates, to understand the Agreement that applies to your purchases through the site.
Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. NASCENT Skin and Beauty Clinic reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).
If you are uncertain about any of the terms of the Agreement, please contact NASCENT Skin and Beauty Clinic.
This website is operated by Nascent Skin and Beauty Clinic. Throughout the site, the terms “we”, “us” and “our” refer to Nascent Skin and Beauty Clinic. Nascent Skin and Beauty Clinic offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is built using WooCommerce. This provide us with the online e-commerce platform that allows us to sell our products and services to you.
All payment transactions made to Nascent Skin and Beauty Clinic are handled through Authorize.net. Transactions through Authorize.net are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. Authorize.net provides advanced fraud detection, secure payment and ease of invoicing.
Payments can also be made via your PayPal account. Information regarding the security of PayPal transactions can be viewed on the PayPal site.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
Your payment details are not seen or stored by Nascent Skin and Beauty Clinic.
S 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service,
- You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
CAPACITY TO CREATE A MEMBER PROFILE
A member profile can only be created with Nascent Skin and Beauty Clinic by persons with capacity to contract, who are over the age of 18, unless they have the permission or consent of their parent or guardian.
SECURITY
Where you have created a member profile you will be required to create a password for that profile. You are responsible for maintaining the confidentiality of your password and account information are fully responsible for all conduct carried out under this password and profile. Nascent Skin and Beauty Clinic is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. Nascent Skin and Beauty Clinic requests that you promptly report to it any unauthorised use of your password.
INTELLECTUAL PROPERTY
All content on this site, including without limitation text, icons and graphics are the property of Nascent Skin and Beauty Clinic or its suppliers and are protected by Australian and International intellectual property laws. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent. Nothing in these terms and conditions constitutes a transfer any intellectual property rights.
S 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Nascent Skin and Beauty Clinic reserves the right to substitute any unavailable or out of stock free gift/sample, with another free gift/sample that we deem appropriate. In cases where a substitute is required, we will supply substitutes along with your order in place of any unavailable gift/sample without prior notice. Free gift/sample substitutes are not eligible for exchange or credit.
S 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The advice and information contained within or provided through this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
The statements made about products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.
Use of the site is not meant to serve as a substitute for professional medical advice. The site is solely a website offering skin and beauty services provided by qualified and trained aestheticians as well as being an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Nascent Skin and Beauty Clinic does not give or intend to give any answers to medical related questions. No prescription medications or medical treatments are intentionally provided on the site.
While we make every effort to ensure that the information contained within this website is correct, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information or other content available on or via the site is accurate, complete, reliable, current, available or error-free. We take no responsibility for any loss or damage arising from use of information or reliance on advice.
While Nascent Skin and Beauty Clinic has tried to accurately display the colours of products, the actual colours you see will depend on your device, ambient lighting and other factors beyond Nascent Skin and Beauty Clinic’s reasonable control, and may not accurately reflect the colour of the product.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Nascent Skin and Beauty Clinic.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
S 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
All prices listed on the site are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable).
The prices indicated may be changed at any time without advance notice. However, the products shall be charged at the rate in force when the customer’s order was validated.
Where the customer pays by payment card, the customer warrants that they have the necessary rights to use the payment card and that they are fully authorised to use it to pay for the order. The customer also warrants that this card gives access to sufficient funds corresponding to the amount of the order. Failing this, NASCENT Skin & Beauty Clinic reserves the right to cancel the sale according. NASCENT Skin & Beauty Clinic is under no obligation to ship any goods ordered until payment for those goods has been received.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
S 5 – PRODUCTS OR SERVICES (if applicable)
The products made available on the site, including any samples NASCENT Skin & Beauty Clinic may provide to you, are for personal use only. You may not sell or resell any products you purchase or otherwise receive from NASCENT Skin & Beauty Clinic.
All orders placed are an offer of purchase and are subject to acceptance by NASCENT Skin & Beauty Clinic. If an order is not accepted a full refund will occur at the earliest possible convenience. NASCENT Skin & Beauty Clinic reserves the right to refuse an offer for any reason.
Without limiting the above, NASCENT Skin & Beauty Clinic reserves the right to refuse or reduce the quantity of any orders that it reasonably believes are for the purposes of resale or otherwise may result in a violation of these terms and conditions, as determined by NASCENT Skin & Beauty Clinic in its sole discretion. As part of NASCENT Skin & Beauty Clinic’s order processing procedures, NASCENT Skin & Beauty Clinic will screen all received orders for fraud or other types of unauthorised or illegal activity.
Without limiting the above, NASCENT Skin & Beauty Clinic reserves the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If fraud or unauthorised or illegal activity is suspected, NASCENT Skin & Beauty Clinic may reject your order or its customer service department may call you at the phone number you provided (or use your email address) to confirm your order. NASCENT Skin & Beauty Clinic also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.
Given the popularity of our products, except where prohibited by law, NASCENT Skin & Beauty Clinic may limit the number of products available for purchase by any one customer, including without limitation so that as many customers as possible may enjoy products supplied by NASCENT Skin & Beauty Clinic.
In the event of the requested products being unavailable NASCENT Skin & Beauty Clinic may cancel the transaction and effect a full refund.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Upon purchase of products, the buyer agrees to use the products only for their intended purpose and strictly in accordance with their instructions, precautions and guidelines. Any other use will cause the buyer to assume full responsibility for any loss or damage arising out of their use. Questions as to use can be directed to NASCENT Skin & Beauty Clinic via their contact details.
You should always check the ingredients for products to avoid potential allergic reactions.
If any minor uses any product purchased through the site it should be only after the parent or legal guardian has discussed the product with the minor’s doctor.
S 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, re-sellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
S 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
S 8 – THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and 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.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
S 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Throughout the use of the site users may be invited to review certain products, or request information in relation to products or participate in forums (‘Content’). If you do submit such Content, you give NASCENT Skin & Beauty Clinic permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the site. You also permit NASCENT Skin & Beauty Clinic to publish your first name and State or Town in association with any Content provided by you.
By submitting Content, you represent and warrant that:(a) you understand that you are participating in a public forum and that your Content will be available to all other users of the site; (b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorise NASCENT Skin & Beauty Clinic to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the site and these terms and conditions; (c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content; (d) all Content that you post is accurate; (e) You are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and agree to these terms and conditions; and (e) that the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity.
You also represent and warrant that any Content you submit: (a) is not false, inaccurate or misleading; (b) does not harm minors; (c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; (d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business; (g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; (h) is not submitted for compensation or other consideration from any third party; (i) is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and (j) does not contain any computer viruses, worms or other potentially damaging computer programs or files. Users must not post Content which seeks to impersonate any person or entity, including, without limitation, any NASCENT Skin & Beauty Clinic personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. Users may not use the site to collect or store personal data about other users.
NASCENT Skin & Beauty Clinic reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by a user will be excluded if it violates the Agreement regarding submission of Content.
User reviews of products in no way represent the views or opinions of NASCENT Skin & Beauty Clinic or its owners, shareholders, employees or others, but are the sole product of its creator. NASCENT Skin & Beauty Clinic disclaims all liability with respect to the Content.
SOCIAL MEDIA
Our general policy is not to delete your comments on NASCENT Skin & Beauty Clinic’s social media pages, even if they are very critical of us, but there are a few reasons we may take down your posts. These are: (a) if your post may offend anyone; (b) if your post attacks another contributor or NASCENT Skin & Beauty Clinic personnel; (c) if you flood our feed, making it difficult for others to get a word in; (d) if you post information that may endanger your privacy; (e) if your post is off topic.
While we support lively, open discussion, we reserve the right to block any users who don’t comply with our rules, or who are otherwise deemed to be behaving inappropriately.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
S 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
S 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
S 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
S 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
To the full extent permitted by law, Nascent Skin & Beauty Clinic makes no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any product supplied by Nascent Skin & Beauty Clinic.
Where legislation implies into this agreement any condition or warranty that cannot be restricted or modified, Nascent Skin & Beauty Clinic’s liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at the option of Nascent Skin & Beauty Clinic, one or more of the following: (a) replacement of the products, the repair of the products, or the supply of equivalent products; (b) repayment of any part of the price of the products supplied; or (c) payment of the costs of replacing or repairing the products, or acquiring equivalent products.
This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any products pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Nascent Skin and Beauty Clinic, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
S 14– FORCE MAJEURE
Nascent Skin and Beauty Clinic (the Seller) is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede the Seller from complying with its obligation, and that cannot be attributed to the Seller because they cannot be blamed of the Seller, and cannot be deemed to be for the Seller’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as – but not restricted to – war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engages by the Seller’s suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of the Seller or third parties that it engages.
If as a result of a situation involving force majeure the Seller fails to comply with its obligations under the Agreement or fails to do so in a timely manner, the Seller will be entitled to perform the Agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the Agreement in whole or in part, without the Seller being obliged to pay the Buyer any compensation in that respect.
S 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nascent Skin and Beauty Clinic and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
S 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
S 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
S 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
S 19 – GOVERNING LAW
NASCENT Skin and Beauty Clinic (www.nascent.net.au) is created and controlled in New South Wales, Australia. All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of New South Wales. By purchasing products through this site you submit to the jurisdiction of the courts of New South Wales, Australia and Australia and agree that any legal action will only be commenced in these forums.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Nascent Skin and Beauty Clinic.
S 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
S 21 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at admin@nascent.net.au
