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Terms & Conditions

A LEGAL DISCLAIMER

Welcome to the Restore website (https://restoretattooing.com.au/). By accessing or using our Site and Services, you agree to be bound by these Terms and Conditions (“Terms”) and our Privacy Policy. These Terms apply to all users of our website, clients, and course participants. Please read these Terms carefully. If you do not agree to these Terms, please refrain from using our website.

TERMS & CONDITIONS 

These Terms and Conditions were last updated on the 18th of November 2024.

GENERAL INFORMATION

  • Company Name: Restore Tattooing Pty Ltd

  • Business Address: Shop 9/27 Park Avenue, Burleigh Heads, QLD, 4220, Australia

  • ACN: 682566196

  • Contact: info@restoretattooing.com.au

 

OVERVIEW

These terms and conditions are between Restore Tattooing Pty Ltd (ACN 682566196), (Restore, we, us or our) and you, the party stated in the Booking Request (you or your or client), together the Parties and each a Party. These terms and conditions, including any schedules, attachments or appendices, form the entire agreement under which we will provide the Services to you.

This website is operated by Restore. Throughout the Site, the terms “the company”, “we”, “us” and “our” refer to Restore. Restore 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.

Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms and conditions. 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 and conditions are considered an offer, acceptance is expressly limited to these terms and conditions.

Any new features or tools which are added to the current Site shall also be subject to these terms and conditions. You can review the most current version of the terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these terms and conditions 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.

Restore’s website is hosted on Wix.com. They provide us with an online platform that allows us to sell our Services to you.

EMERGENCIES

WE PROVIDE TATTOING, BEAUTY AND EDUCATION SERVICES ONLY. IF YOU REQUIRE IMMEDIATE MEDICAL ATTENTION, CONTACT YOUR TREATING GENERAL PRACTITIONER OR CALL 000.

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using our Services or believe that you, or another person is in an urgent, dangerous or emergency situation, you should not use our Services and instead contact 000 immediately or seek alternative and appropriate medical services.

ZERO TOLERANCE POLICY

We and our Personnel are here to help and will always treat you with courtesy and respect. We have a Zero Tolerance Policy to ensure that all our Personnel are treated with dignity and respect. Our Zero Tolerance Policy means that:

  • we will not, under any circumstances, tolerate any aggressive or violent behaviour towards our Personnel or any member of the public within our facilities, and we may immediately refer such matters to the police;

  • any physical or verbal abuse towards our Personnel, either in person or over the phone, will result in immediate termination of these Terms; and

  • if you repeatedly do not show up for your scheduled Bookings, or if you act in a way that amounts to non-compliance with laws, a boundary violation, or deceptive behaviour or fraud, we may terminate these Terms at our discretion.

 

  • ACCEPTANCE

    • You have requested the Services set out in the Booking Request, and you accept these Terms by the earlier of:

      • Accessing the terms online; or

      • ticking a box online indicating your acceptance of these Terms; or

      • accepting the Terms online or sending an email accepting the Terms (expressly or impliedly); or

      • making a deposit of the Fees; or

      • making full payment of the Fees.

    • When accepting these Terms, you grant us permission and consent to perform the Services on you.

 

  • SERVICES PROVIDED

    • Restore offers various services, including, but not limited to:

      • Cosmetic Tattooing: Eyebrow, eyeliner, lip, and freckle tattooing with semi-permanent ink.

      • Medical Tattooing: Permanent tattooing, including scar camouflage, scalp, and areola reconstruction tattooing.

      • Beauty Services: Eyebrow and eyelash maintenance treatments, including brow shaping, lash lift, tinting, keratin treatments, and facial waxing.

      • Education Training Courses: In-depth courses on cosmetic and medical tattooing techniques for both beginners and experienced practitioners.

    • You understand that all tattooing and beauty services offered by Restore are non-medical services (even if the name of the Service includes the word “medical”) and are administered by non-medical staff (i.e. not health care workers).

    • In consideration of your payment of the Fees, we agree to provide you the Services in accordance with these Terms and all relevant laws, whether through ourselves or our Personnel.

    • We will not be responsible for any Services unless expressly set out in the inclusions in a Booking.

 

  • TATTOOING AND BEAUTY SERVICES

    • Tattooing and Beauty Service Bookings: All Services must be booked in advance via the website or by contacting our studio directly.

    • Tattooing and Beauty Service Deposits: fifty per cent (50%) of the total service consideration/amount is to be withheld on your credit card by Restore as a deposit for your booked service.

    • Results and Expectations: While we strive for the best results, outcomes may vary due to individual skin types and aftercare practices. Clients understand that they may need additional treatments to achieve their desired outcome.

    • Aftercare: Proper aftercare is essential for optimal results. Clients are provided with aftercare instructions and agree to follow these to prevent complications.

    • Yearly Refresh: Cosmetic tattooing may require yearly refreshers to maintain appearance. Additional fees may apply for yearly refreshers.

    • Touch-ups: a second appointment may be required after your initial treatment. You acknowledge that such touch-ups will incur additional costs at your expense.

 

  • EDUCATION AND TRAINING COURSES

    • Course Bookings: All courses must be booked in advance via the website or by contacting our Restore directly.

    • Course Enrolment: To reserve a place in our training courses, clients must complete the registration form and submit the course fee.

    • Full Payment: Fees for all Education and Training Courses must be paid in full prior to your course commencement date.

    • Course Deposits: A five hundred dollar ($500 AUD) non-refundable deposit is required to secure a spot in any Education and Training Course. This deposit is payable at the time of booking and is outlined in the enrolment form, which all students must complete before enrolling.

    • Student Manuals: Student manuals are provided to Clients after full payment and completion of the in-person training. These manuals are the Intellectual Property of Restore and strictly cannot be reproduced, commercialised, redistributed, or sold to any other person by the Client.

    • No Warranties on Skill Level: Restore does not guarantee or warrant the skill level of Clients upon completing the course. While courses vary in duration, Clients acknowledge that significant hours of practice are required post-training to master skills and techniques. Students are not certified as experts upon course completion or receive any government approved formal course graduation certificates.

    • Restriction on Use of Training Materials: Students agree not to sell, distribute, or commercialise training materials, techniques, or other course content for a period of 48 months following the course completion date.

    • Course Prerequisites: Some courses require prior training or certification. Participants must meet all prerequisites before enrolling in advanced courses. Any prerequisites will be advertised to you on the Site before booking the course.

    • Course Materials: Participants are required to bring their own tools and pigments for kitless courses. Restore will supply additional materials, as outlined in each course description.

    • Ongoing Support: Graduates of select courses will receive post-course mentorship and support at the discretion of Restore or otherwise agreed to prior to the Course commencing. You acknowledge that Ongoing Support may be subject to further Fees. These Fees may be in addition to the course Fees paid in consideration for completing the course. Any additional Fees for Ongoing Support in accordance with these Terms, will be provided by Restore to you before the commencement of any Ongoing Support. You agree to the payment of such Fees for Ongoing Support by either:

      • Paying any deposit for Ongoing Support; and/or

      • Paying the full Ongoing Support Fee amount.

 

  • ELIGIBILITY FOR SERVICES

    • Numbing Cream: All clients must bring their own numbing cream for treatments if they wish to receive numbing prior to any treatment. Restore strictly will not store, sell, provide or apply any numbing cream during the treatment as part of the Service. Clients acknowledge that they must do any of the above themselves if they wish to use numbing cream before their treatment.

    • Underage Clients:

      • For Cosmetic Tattooing, Medical Tattooing and Beauty Services: Clients under 18 years of age must have a parent or guardian present during consultations and treatments. All Clients under the age of 18 who do not have a legal parent or guardian accompanying them at the time of their consultation or treatment will be refused treatment without a refund of the consultation or treatment Fee.

      • For Education Training Courses: Students under 18 years of age must have a parent or guardian present during the initial 20-minute consultation. Parents or guardians are not required to be present during in-person training sessions and coursework.

 

  • CONDITIONS OF ENTRY

    • Entry is by appointment only.

    • You can make a request for an appointment (Consultation) through our website or via telephone (Booking Request). We may, at our discretion, accept or reject a Booking Request. If we accept a Booking Request, we will send you a booking confirmation via email and/or telephone and/or SMS setting out the details of your Consultation, including the date and time (Booking).

    • You are not permitted to undertake any promotional or commercial activity, unauthorised soliciting, customer or surveying.

    • We revoke any actual or implied authority for any regulatory or similar bodies to attempt or access the premises or information including without limitation any oral questions without Restore’s legal representatives receiving and approving a proper specific warrant or court order compelling us to release or provide the same.

    • The following items are not permitted to be brought into Restore:

      • Commercial food, confectionary, beverages, alcohol, bottles, glass containers and cans; or

      • Gang patches or colours and religious or offensive signage; or

      • Unauthorised signage and promotional products, equipment or banners including clothing items; or

      • Oversize items such as pushchairs, strollers or baby seat carriers

      • Illegal substances/items; or

      • Weapons, this includes, but is not limited to items such as mace and tasers; or

      • Animals other than guide or hearing assistance dogs in use or training; or

      • Audio and/or video and/or photographic equipment.

 

  • FEES AND PAYMENT

    • In consideration for us providing the Services, you agree to pay us the Fees, and any other amount payable to us under these Terms, in accordance with the Payment Terms. All amounts are stated in Australian dollars and are exclusive of GST (unless otherwise stated).

    • You acknowledge and agree that additional procedures or treatments may be required in order to achieve desired results. To the extent permitted by applicable law, any further treatment or services, including the treatment of any side effects or complications, will incur additional fees over and above the Fees paid for the Services.

    • A credit card surcharge and/or administrative fee may be applicable and we will notify you at the time of payment if such surcharge or fee is payable.

    • If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion):

      • charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with the Payment Terms; and

      • after a period of 5 Business Days, cease providing the Services, and recover, as a debt due and immediately payable from you, our additional costs of doing so.

    • If and when applicable, GST payable on the Price will be set out in our invoice. You agree to pay the GST amount at the same time as you pay the Price.

 

  • BOOKING, PAYMENTS, RESCHEDULING AND CANCELLATION

    • All Service Bookings must be made in advance via the website or by contacting Restore directly.

    • All requests to reschedule any Services must be made in writing by sending us an email or calling us at least 48 hours notice before the scheduled start time of the Booking and will be subject to our availability. It is your responsibility to reschedule Bookings for Services you cannot attend.

    • We do not allow Services to be rescheduled where you provide us less than 48 hour’s notice before the scheduled start time of the Booking, or where you do not show up for the Booking. In these instances, we, at our absolute discretion, may cancel your Booking and charge you a Cancellation Fee.

    • Cancellation Fees will be charged by Restore to the respective credit card you provided us at the time of booking. Restore reserves the right to charge a cancellation fee to your credit card without any prior notice to you, considering you have cancelled your consult or treatment within 48 hours of the scheduled consult or treatment.

    • Cancellations for any Tattooing or Beauty Service must be made at least 48 hours in advance to avoid a cancellation fee.

    • Deposits are non-refundable for Education Training Courses. You acknowledge that Restore will retain your deposit without any exceptions for cancelling at any time after booking an Education Training Course.

 

  • REFUNDS

    • Tattooing and Beauty Service Refunds: Refunds are not provided for completed services unless due to error or fault on the part of Restore. Requests for refunds must be made in writing within seven days of service completion. Restore is not obligated to provide any Refund to a Client under any circumstances. This will be decided entirely by Restore.

    • Course Refunds: Course Fees are non-refundable unless Restore cancels your course. In the event of a cancellation by the participant, course deposits will be forfeited.

 

  • OBLIGATIONS AND WARRANTIES

    • Each Party represents, warrants and agrees that:

      • It has full legal capacity, right, authority and power to enter into these Terms, to perform its obligations under these Terms, and to carry on its business;

      • These terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms;

      • If applicable, it holds a valid ABN which has been advised to the other Party; and

      • If applicable, it is registered for GST purposes.

    • You represent, warrant and agree:

      • To comply with this Agreement and all applicable Laws;

      • You are 18 years old or older or have consent from a lawful parent or legal guardian;

      • You have read and understood, and will follow our guidelines;

      • You have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Services are or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;

      • To provide us with a valid proof of identity to be cited and stored in your clinical records prior to us providing the Services;

      • That you will provide us all information (including your past and current medical history, psychological history, past cosmetic history, medication usage and drug allergies) reasonably necessary to enable us to provide the Services;

      • You will undertake a medical assessment prior to Treatment;

      • You agree to fully cooperate with us in matters pertaining to your care after your procedure and until you are discharged;

      • You agree to keep all follow-up appointments, take all prescribed medications and follow all other instructions from us in relation to your aftercare;

      • You agree to keep us informed of any symptoms or concerns that may arise or any changes in contact information including change of address or contact number;

      • You agree that we are not liable for any expenses for aftercare provided by another healthcare provider;

      • To the extent permitted by applicable law, we cannot guarantee results of any Treatment and that results may vary;

      • We reserve the right to refuse service to you for any reason, at our discretion, and at any time. This includes clinical grounds, psychological grounds or a mismatch between desired and likely results;

      • That the information and documentation you provide to us is true, correct and complete.

 

  • TERM AND TERMINATION

    • These Terms will commence on the Start Date and will continue until the Services have been provided to you in accordance with these Terms, unless earlier terminated in accordance with this clause 7 (Term).

    • These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

      • the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

      • the Defaulting Party is unable to pay its debts as they fall due.

    • Upon termination or expiry of these Terms:

      • we will immediately cease providing the Services;

      • without limiting your Consumer Law Rights, you agree that any payments you have paid for Services are non-refundable; and

      • you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms.

    • The accrued rights, obligations and remedies of the Parties are not affected by termination of these Terms.

    • This clause 11 will survive the termination or expiry of these Terms.

 

  • PRIVACY COLLECTION NOTICE

    • We collect personal information from you so that we can provide our Services to you, answer any enquires you submit to us, deliver our website to you and for the purposes otherwise set out in our privacy policy. Please contact us if you have any questions regarding our privacy policy.

    • We may disclose this personal information to third parties, including our employees, contractors and related entities, third party service providers that provide their services to us (including IT service providers, marketing and advertising providers and website analytics suppliers), if we are required to disclose personal information by law and as otherwise set out in our privacy policy. Where we disclose your personal information to third parties listed in our privacy policy, these third parties may store, transfer or access personal information outside of Australia, including the United States. If you do not provide your personal information to us, you may not be able to provide our Services, including Treatments, to you.

    • Our privacy policy describes further how we collect, store, use and disclose your personal information. It also describes how you can access and correct your personal information, how you can make a privacy-related complaint and our complaint-handling process.

    • By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

 

  • PHOTOGRAPHS

    • You acknowledge and agree that we may take clinical photos of you during your Consultation, during or at the end of your Treatments at our Premises (Photographs).

    • You understand that the Photographs may include images of your skin, which could be classified as health information under the Privacy Act 1988 (Cth) and other applicable privacy laws. We will handle Photographs like we do other personal or health information; in accordance with our privacy policy and privacy collection notice at clause 12.

    • You automatically consent to us using the Photographs for the following purposes:

      • for marketing and advertising, including through print, online, our website, social media and television; and

      • for educational resources, including printed and online leaflets, brochures, posters, publications, blogs, videos, articles, and case studies.

    • You acknowledge and agree that you will not be entitled to any commercial benefits or gains received by Restore for any Photographs of you that are used by Restore.

    • You agree that you will not take personal recordings including photographs, audio and video of a representative of the facility, or your consultation or treatment without our prior written consent.

    • Photographs of you will not be used for purposes listed under clause 13.c if you expressly in writing request that Photographs are not used for any of those purposes.

    • In any event that Photographs of you have already been used for any purposes listed under clause 13.c with either your expressed consent or automatic consent in accordance with these Terms, and you withdraw this consent, you must:

      • Contact Restore in writing and request the Photograph be withdrawn or removed within a reasonable timeframe; and

      • Seek all reasonable measures first with Restore to withdraw or remove the image before commencing any other courses of action or legal proceedings.

      • You acknowledge that Restore may require reasonable time to remove the Photograph of you if it has been utilised for any purposes listed under clause 13.c. Restore agrees to undertake best endeavours in removing any Photograph/s of you in a reasonable timeframe.

    • In any event, where you have already provided consent in accordance with these Terms, for Photographs to be used by Restore, and you later withdraw such content, you agree and acknowledge that Restore has discretion to comply with your request to remove such Photographs. If Restore denies your request, you will not have legal grounds to pursue any course of action against Restore regarding the Photograph/s of you.

 

  • RECORDS

    • You understand Tattooing and Beauty Treatments are not medical in nature and as such, records of service are not maintained.

 

  • YOUR CONSUMER LAW RIGHTS

    • Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL.

    • You agree that our Liability for the Services is governed solely by the ACL and these Terms.

    • Subject to your Consumer Law Rights, we exclude all implied warranties, representations and guarantees of any kind (whether statutory or otherwise), unless expressly stipulated in these Terms.

    • Subject to your Consumer Law Rights, all amounts paid by you for the Services are non-refundable.

    • This clause 15 will survive the termination or expiry of these Terms.

 

  • LIMITATION OF LIABILITY

    • Restore is not liable for any indirect, incidental, or consequential damages arising from your use of our services or site. This includes but is not limited to loss of profits, data, or reputation.

    • Exclusions: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by (whether directly or indirectly):

      • you not providing us with current health and medical information;

      • any side effects which occur from the Services including the Treatments, including as a result of your own negligence or you not providing us with your current health and medical information;

      • your breach of these Terms, any law or third-party rights;

      • any information, documentation or directions given by you; and/or

      • any third parties or any goods and services provided by third parties.

    • Limitation of Liability: Despite anything to the contrary, to the maximum extent permitted by law, and subject to your Consumer Law Rights:

      • neither Party will be liable for any Consequential Loss;

      • a Party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and

      • our maximum aggregate liability for any Liability in relation to the performance of the Services or these Terms will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates.

      • This clause 16 will survive the termination or expiry of these Terms.

 

  • INTELLECTUAL PROPERTY

    • As between the Parties, each Party retains all Intellectual Property Rights in its Intellectual Property developed prior to or independently of these Terms.

    • Nothing in these Terms constitutes an assignment or transfer of such rights.

    • As between the Parties, ownership of all Intellectual Property Rights in any Intellectual Property developed, adapted, modified or created in connection with these Terms or the performance of the Services will at all times vest, or remain vested, in us.

    • You grant us a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence, for the duration of these Terms, to use your intellectual Property solely for the performance of our obligations under these Terms.

    • In the use of any Intellectual Property Rights in connection with these Terms, you agree that you must not commit any Intellectual Property Breach. Where you reasonably suspect that such a breach may have occurred, you must notify us immediately.

    • This clause 17 will survive the termination or expiry of these Terms.

 

  • CONFIDENTIALITY

    • Subject to clause 14.2, a Receiving Party agrees to (and agrees to ensure that its Personnel do keep confidential and not use or permit any unauthorised use of all Confidential Information of a Disclosing Party.

    • Clause 14.1 does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that you ensure the adviser complies with the terms of clause 14.1.

    • This clause 18 will survive the termination or expiry of these Terms

 

  • GENERAL​

    • Assignment: Subject to clause 15.3 a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

    • Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

    • Disputes: A Party may not commence court proceedings relating to any dispute arising from these Terms (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction, or will operate to prevent a Party from taking steps to recover any debt.

    • Entire agreement: Subject to your Consumer Law Rights, these Terms contain the entire understanding between the Parties, and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter. The failure of us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. These terms and conditions and any policies or operating rules posted by us on this site or in respect to our 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 and Conditions). Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.

    • Force majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.

    • Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.

    • Governing law: These Terms is governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

    • Joint and Several Liability: Where you constitute two or more individuals or entities, you will each be jointly and severally liable under these Terms.

    • Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

    • Online execution: These Terms may be executed by means of such third-party online document execution service as we nominate, subject to such execution being in accordance with the applicable terms and conditions of that document execution service.

    • Precedence: To the extent there is any ambiguity, discrepancy or inconsistency in or between the terms of these Terms and any other document, these Terms will prevail.

    • Relationship of Parties: These Terms is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

    • Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

  • Amendment: These Terms may only be amended in writing and as agreed by the Parties.

  • INTERPRETATION & DEFINITION

 

Words like “including” and “for example” are not words of limitation.

In these Terms:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Beauty Treatments means all cosmetic treatments that do not require an AHPRA registered Health Care Worker to administer.

Business Days means a day on which banks are open for general banking business in Western Australia, excluding Saturdays, Sundays and public holidays.

Cancellation Fee is as set out in the Booking or as otherwise communicated by us to you.

Confidential Information includes information which:

        • is disclosed to the Receiving Party in connection with these Terms at any time;

        • is prepared or produced under or in connection with these Terms at any time;

        • relates to the Disclosing Party’s business, assets or affairs; or

        • relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms, whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Restore Tattooing.

Consultation means the initial consultation we have with you to determine which Treatments are best suited to your needs.

Country refers to Australia.

Disclosing Party means the party disclosing Confidential Information to the Receiving Party.

Education Services collectively refers to any all and all Education Services offered by the Company, including, but not limited to, the Natural Brow Tattooing Course, The Ultimate Lip Tattooing Course, the Faux Freckle Course, the Scar Camouflage, the Eyeliner Tattooing Course,  Areola Tattooing Course, and the Colour Correction Course, as listed on the Website.

Aftercare means 2 weeks post Consultation care.

Fees means the fees set out on our website and communicated to you in the applicable Booking for the performance of the Services.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

GST has the meaning which it is given in the A New Tax System (Goods and Services Tax Act 1999 (Cth)).

Intellectual Property means any copyright, registered or unregistered designs, patents or trademarks, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third-party rights, including any Intellectual Property Rights of third parties), including using or exploiting our Intellectual Property for purposes other than as expressly stated in these Terms (including, without limitation, using our Intellectual Property for commercial purposes or on-selling our Intellectual Property to third parties). 

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tart (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Payment Terms means the Fees, method and timing of payment, as set out in our invoice provided to you or as otherwise communicated by us to you.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Premises means the location where the Services are to be supplied, as set out in the applicable Booking.

Receiving Party means the party receiving Confidential Information from the Disclosing Party.

Services means the Consultation, Treatments, Aftercare Care, Educational Courses and any other services we agree to perform under these Terms, as further particularised in a Booking. It collectively refers to any all and all Services offered by the Company, including, but not limited to, Cosmetic Tattooing, Medical Tattooing. Education Courses and Training and Beauty Services as listed on the Website.

Start Date means the date these Terms are accepted in accordance with clause 1.1.

Terms means these terms and conditions, and any documents attached to, or referred to in, each of them.

You means the eligible individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Website refers to Restore Tattooing accessible from https://restoretattooing.com.au/.

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