T&C

The following website T&Cs binds the protection of the brands Intellectual Property, disclaimers to limit liability and ensures compliance with the Australian Consumer Law. 

 

Blacklashink Terms and Conditions

Website Terms and Conditions of Use

1.       About the Website
1.1. Welcome to the Website www.blacklashink.com (the ‘Website’). The website for eyelash extension products and service delivery.
1.2. The Website is operated by Blacklashink Pty Ltd. Blacklashink Pty Ltd (ABN 82 617 693 633). Access to and use of the Website, or any of its associated Products or Services, is provided by Blacklashink. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Blacklashink reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Blacklashink updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.       Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Blacklashink in the user interface.

3.       Subscription to Black Lash Ink VIP club
3.1. In order to access the benefits of the Subscription, you must first register for an account through the
Website (the ‘Join’ link).
3.2. As part of the registration process, or as part of your continued use of the subscription, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address
(b) a full name
(c) a mobile number

3.3. You warrant that any information you give to Blacklashink in the course of completing the subscription process will always be accurate, correct and up to date.
3.4. Once you have completed the subscription process, you will be a registered member of the Website (‘VIP’) and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Blacklashink; or
(b) you are a not the person who originally subscribed to become a Blacklashink VIP. As such, you are not allowed to take discounts, gifts or any other benefits our Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a VIP Member

4.1. As a Member, you agree to comply with the following:
(a) you will use the benefits only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. All other parties will need to subscribe themselves to receive such benefits;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of promotions and providing of additional services;
(e) you will not use the Website in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Blacklashink;
(f) you will not use the Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Black Lash Ink for any illegal or unauthorised use of the Website and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Payment

5.1. Where and if the option is given to you, at anytime or a later date for an online shopping cart or sale of goods you may make payment for goods or items for sale by way of:
(a) Electronic funds transfer (‘EFT’) into our nominated bank account
(b) Credit Card Payment (‘Credit Card’)
5.2. All payments made in the course of purchasing goods online or In using the Website shopping cart or when making
any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which are available on the website at that point in time.
5.3. You acknowledge and agree that where a request for the payment of goods is returned or denied, for whatever reason, by your financial
institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
5.4. You agree and acknowledge that Blacklashink can vary the Fee at any time.

6. Refund Policy

Blacklashink will only provide you with a refund if the goods/service are deemed faulty within the first few days post treatment. You can choose between a refund or credit where goods/service are faulty, wrongly described, different from a sample shown to you. Blacklashink will offer a possible touch up service (which is non refundable) to try and resolve the fault initially. Blacklashink makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’). Please choose carefully. We do not normally give refunds (unless prior arrangement has been made) if you simply change your mind or make a wrong selection.

7. Gift Voucher

Gift Vouchers are valid for a period of 12 months from date of purchase, and bookings must be made within this period. Gift Vouchers are for one use only. All treatment services by Blacklashink are strictly subject to availability at the time of booking. Should the total spend be more than the value of the Gift Voucher, Blacklashink will invoice for the difference and this must be paid as per the booking terms and conditions. Gift Vouchers may not be redeemed for cash. No credit or change will be given on the unused portion of the Voucher. Gift Vouchers are not replaceable if lost, stolen or destroyed, photocopied or altered in any way and will not be accepted by Blacklashink or be otherwise redeemable. Terms are void where prohibited by law. Terms and Conditions of the Voucher are governed by the consumer laws of Queensland.

8. Copyright and Intellectual Property

8.1. The Website and all of the related products of Blacklashink are subject to copyright. The material on the Website is protected by
copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Black Lash Ink or its contributors.
8.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Blacklashink, who grants to you a worldwide, non-exclusive:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use. Blacklashink does not grant you any other rights whatsoever in relation to the Website. All other rights are expressly reserved by Blacklashink.
8.3. Blacklashink retains all rights, title and interest in and to the Website and all related Services.  Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.
8.4. You may not, without the prior written permission of Blacklashink and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

9. Privacy

The permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain. Blacklashink takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to its Privacy Policy, which is available on the Website.

10. General Disclaimer

10.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which arenot expressly stated in the Terms are excluded; and
(b) Blacklashink will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the website or Services or these Terms (including as a result of not being able to use the website or the late supply of goods or services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.3. Use of the Website and our services is at your own risk. Everything on the Website and the services we provide to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Blacklashink make any express or implied representation or warranty on any products or Services (including the products or services sold by Blacklashink) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Blacklashink; and
(d) the Services or operation in respect to links which are provided for your convenience.

11. Limitation of liability

11.1. Blacklashink's total liability arising out of or in connection with goods or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed the resupply of any goods or services to you.
11.2. You expressly understand and agree that Blacklashink, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

12. Termination of Subscription

12.1. The Terms will continue to apply until terminated by either you or by Blacklashink as set out below.
12.2. If you want to terminate the Terms, you may do so by:
(a) providing Blacklashink with written or verbal notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, you can send notice, in writing, to Black Lash Ink via the ‘Contact Now’ button on our homepage.
12.3. Blacklashink may at any time, terminate the subscription with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Blacklashink is required to do so by law;
(c) the provision of the website, goods or services to you by Blacklashink is, in the opinion of Blacklashink, no longer commercially viable.
12.4. Subject to local applicable laws, Blacklashink reserves the right to discontinue or cancel your membership/ subscription at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Blacklashink's name or reputation or violates the rights of those of another party.

13. Indemnity

13.1. You agree to indemnify Blacklashink, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your subscription or use of the website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.

14. Dispute Resolution

14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
14.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 7 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or
her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Queensland, Australia.
14.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If two weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction

The Services offered by Blacklashink is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

16. Governing Law

The Terms are governed by the laws of Queensland, Australia.  Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.