TERMS OF SERVICE

(‘Terms’)

 

In using our website and engaging any of our Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our website from time to time.

 

DEFINITIONS

 

“Clients” means any customer or person engaging our Services.

 

“Quotation” means our email quote for the Services you request.

 

“Services” means hair and makeup services for professional shoots, weddings and special occasions at our home salon or at our Client’s preferred locations.

 

“the website” means www.amybysouth.com

 

“We”, “our” and “us” means Amy Bysouth and includes all partners, employees and contractors.

 

“You” means the Client engaging our services and by doing so, agreeing to these Terms.

​

​

MODIFICATION OF WEBSITE, CONTENT AND SERVICES

 

We reserve the right at any time and from time to time to remove, delete, alter or amend any content, Services or the website. In particular, if we believe the content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

 

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

​

LIABILITY

 

Certain legislation including the Australian Consumer Law (“ACL”) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services by us to you which cannot be excluded, restricted or modified (“Statutory Rights”).  

 

Our liability to you is governed solely by the ACL and these Terms. While we endeavour to maintain good quality information on our website, we make no representations or warranties of any kind, express or implied, about:

 

• the completeness, accuracy or reliability of the information you obtain from the use of our Services; or

 

• whether the Services provided on the website will be available on an uninterrupted, secure or error-free basis.

 

We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

 

You agree that you must evaluate, and bear all risks associated with, your use of the services provided by any third party service provider and/or information made available to you through or facilitated by our website.

 

You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website or our Services, including, but not limited to, loss or corruption of data from our website. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

 

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

 

1. The supply of any services again; or

2. The payment of the cost of having any services supplied again.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

 

INDEMNITY

 

You agree to defend, indemnify and hold us and our partners, employees, contractors, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from (i) your breach of our Terms, (ii) any third party claims (ii) any activity you may engage in through any use of our Services, or(iii) your use of the Services.

 

INTELLECTUAL PROPERTY

 

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours.

 

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any thing you access through our Services.

 

You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.

 

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

 

GOVERNING LAW

 

These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.