Terms and Conditions
We encourage you to read these Terms and Conditions, and contact us if you have any particular questions in relation to browsing and shopping online with us. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
This Site is created and controlled by us in the State of New South Wales, Australia. As such, the laws of the Commonwealth of Australia and, and where applicable, the State of New South Wales, will govern these Terms and Conditions. By using this Site, you submit to the jurisdiction of the courts of New South Wales and Australia and agree that any legal action will only be commenced in these forums. The Site is available only to people who can form legally binding contracts under applicable law.
Kaelon Beauty may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.
In order to make purchases through this Site, you will be requested to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details, you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
If you register on the Site, you will have an email address/username and password for your My account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm or loss caused by any wrongful use of the Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, that the item ordered is out of stock, the services are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, within the Terms and Conditions. Further, we reserve the right to refuse to provide you the services and retain your full prepayment amount in the event that you are more than 20 minutes late to a service order booking.
Kaelon Beauty reserves the right to refuse to process or refuse service to anyone at any time at our sole discretion.
Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST. Prices are subject to change effective immediately upon posting to the Site or other form of notification.
By placing an order or making a booking with KAELON BEAUTY you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.
Intellectual Property Rights
The Site and its “look and feel”, all of its information, graphics, headers, button icons, photographs, content, image rights, sounds, music, video, audio or text on this Site, and all intellectual property rights contained in each of the foregoing, including, without limitation, trademarks, designs, graphics, logos, button icons, data compilations and software, and the compilation and organisation thereof (collectively the “Content”), are owned by, and is the property of, Kaelon Beauty, or in some cases, our affiliates, partners, licensors. These intellectual property rights are protected by Australian and international laws, including laws governing copyright and trademarks.
Your use of the Content grants no rights to you in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the Content or any portion of the Site.
You are permitted to use the Content only as expressly authorised by Kaelon Beauty, its third-party licensors and subject to the Copyright Act 1968 and other related legislation. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting, of the above listed Content, in whole or in part, for any purpose without our express consent is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
Kaelon Beauty makes no recommendations as to the use of any information or Content on this Site which may infringe the intellectual property rights of itself or any third parties. Kaelon Beauty makes no representations or warranties that use of the information or Content on this Site will not infringe such intellectual property rights.
Representations and Warranties
Kaelon Beauty does not promise that the Site and Content is error-free. Kaelon Beauty does not promise that the functional aspects of the Site and Content will be error free or that this Site, Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The Site is presented “as is” and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not able to be excluded at law.
Limitation of Liability
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, mis delivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, relate to:
- your breach or non-observance of any term of these Terms and Conditions;
- any breach or inaccuracy in any of your representations or warranties; or
- your use of the Site.
No Commercial Use
This Site (and any goods or services purchased on or via the Site) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via this Site. You may not use this Site (and any goods or services purchased on or via the Site), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.