Definitions

• • Australian Consumer Law means the laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • Cancellation and No Show Policy means our cancellation and no show policy as published on our Website and amended from time to time.
  • Client means a person who is a User and has purchased or downloaded a Styling Service.
  • Purchase Price means the price listed on our Website for a Styling Service.
  • Refund Policy means the refund policy as published on our Website and amended from time to time.
  • Services means our Styling Services, our Website, our social media pages and any communication with you about our Styling Services, our website or social media pages (regardless of method of communication).
  • Styling Services means personal styling advice in the form of one-on-one or group consultations (whether provided in person, via video chat or other direct form of communication such as telephone, email or direct message), written advice and / or personal styling courses or programs available to download or purchase from our Website.
  • Terms means the terms and conditions as set out in this document and amended from time to time. 
  • User means a person who has accepted the Terms and continues to use, browse or read our Website.
  • Website means www.fabledstyling.com.

Acceptance of Terms

• • Please read the Terms carefully.
  • By using, browsing, and / or reading our Website, you signify that you have read, understood and agree to be bound by the Terms. 
  • You may also indicate that you accept the Terms by clicking to accept or agree to the Terms where this option is made available on our Website.
  • If you do not agree with the Terms, you must stop using the Website (or any of our Services) immediately.
  • We reserve the right to review and change the Terms at any time at our sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
  • When the Terms are updated, we will use reasonable endeavours to notify you of the update and provide you with an updated copy of the Terms (including by publishing an updated version of the Terms on our Website).

Using our Website

About our Website

• • Welcome to our Website.
  • Our Website is operated by Lucy van Berkel trading as Fabled Styling (ABN 86 768 265 615). 

Your obligations as a User

• • As a User, you agree to comply with the following:
    • you will only use our Website for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    • access and use of our Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes providing our Services;
    • you will not use our Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us;
    • you will not use our Website for any illegal and / or unauthorised use. Appropriate legal action will be taken for any illegal or unauthorised use of the Website;
    • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from our Website without notice and may result in termination of the Services; and
    • you acknowledge and agree that any automated use of our Website or is prohibited.

Styling Services

Acquiring Styling Services 

• • Our Website provides you with an opportunity to browse, download, purchase or acquire various Styling Services.
  • In order to acquire our Styling Services, you may be required to provide personal information about yourself (such as identification or contact details), including your name, age, sex, gender and / or email address. 
  • In order to acquire our Styling Services, you may be required to make a booking through a third party booking provider. In making a booking, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the booking provider.

Purchasing Styling Services

• • When acquiring our Styling Services, you agree to pay the Purchase Price for the Styling Service as listed on our Website. 
  • The Purchase Price must be paid before the Styling Service will be delivered.
  • If you are required to make a booking in order to acquire a Styling Service, you must pay the Purchase Price at the time of making the booking. If you do not pay the Purchase Price, your booking will not be confirmed and the Styling Service will not be delivered.
  • Payment of the Purchase Price may be made through XXXXXXX. In paying the Purchase Price, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the payment gateway provider.
  • Once we have received confirmation that the Purchase Price has been paid, we will issue you with a receipt of payment.
  • You acknowledge and agree that where the Purchase Price is returned or denied for whatever reason by your financial institution or is unpaid by you for any reason, you are liable for any costs, including banking fees and charges associated with the Purchase Price. 

Delivery of Styling Services

• • Once you have paid the Purchase Price, your chosen Styling Service will be delivered.
  • If your chosen Styling Service is a digital download, course or program, you will get access to the Styling Service within 24 hours.
  • If your chosen Styling Service is a consultation that has been booked for a certain date and time, your Styling Service will be delivered at that date and time (and any further advice or materials will be delivered at a date and time agreed between the parties during the consultation).

Refunds / Cancellations / No Shows

• • If you request a refund, we will provide you with a refund in the circumstances set out in our Refund Policy as amended from time to time. 
  • If you cancel a booking or do not show up to your booking (after you have paid the Purchase Price), we will act in accordance with our Cancellation and No Show Policy.

Client warranties 

• • As a Client, you warrant that:
    • you will abide by the Terms;
    • any information you give to us in the course of purchasing a Styling Service will be accurate, correct and up to date to the best of your knowledge; 
    • you will be courteous, respectful and reasonable at all times in your dealings with us (and our employees and / or agents) and while utilising a Styling Service;
    • you will not troll, threaten, stalk, abuse, harass or otherwise harm us, our employees and / or agents at any time; 
    • you understand that any recommendations made by us, including recommendations to purchase certain items of clothing or accessories (or any other item), are recommendations only, and not endorsements by us of a particular brand or item or its quality, longevity, appropriateness, ethics, manufacturing process or any other characteristic;
    • you understand that any purchases you make (as a result of recommendation by us or otherwise in connection with the Services) are solely at your own risk. In accordance with these Terms, we are not liable for any loss or damage you suffer as a result of any purchases you make. 

Consumer guarantees

• • Our Styling Services come with guarantees that cannot be excluded under the Australian Consumer Law. 
  • Where you are entitled to a replacement or refund (or entitled to cancel a service) under the Australian Consumer Law, we will gladly comply. 

Force Majeure 

• • Except in relation to the obligation to make payment of the Purchase Price, in the event that we (or you) are unable to fulfil the obligations set out in the Terms because of acts of God, earthquakes, fires, floods, tsunamis, explosion, storms, acts of terrorism, embargo, revolution, infectious disease, civil / military disturbance, power failure, and / or computer failure reasonably beyond our (or your) control, neither of us will be held to be in breach of the Terms and neither of us will be liable to the other for any loss or damage suffered as a result of failure to perform our (or your) obligations. 

General – Website and Services

Privacy

• • We take your privacy seriously. Any information provided through your use of the Website and / or the Services will be dealt with in accordance with our privacy policy which is available on our Website.

Copyright and Intellectual Property

• • The Website and Services 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) are owned or controlled for these purposes, and are reserved by us or our contributors.
  • All trademarks, service marks and trade names are owned, registered and / or licensed by us.
  • We grant you a worldwide, non-exclusive, royalty free, revocable license while you are a User or Client to:
    • use our Website pursuant to the Terms;
    • copy and store the Website and the material contained in the Website in your device’s cache memory; 
    • keep a copy of any advice (whether written or in recorded form for verbal advice) and / or course or program materials provided to you by us in the course of any Styling Service for your own personal use and non-commercial use;
    • print pages from our Website for your own personal and non-commercial use. 
  • We do not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by us.
  • We retain all rights, title and interest in and to the Website and all Services. Nothing you do on or in relation to the Website or Services will transfer to you any:
    • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
    • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
    • 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).
  • You may not, our prior written permission 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 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.

Limitation of liability

• • Our total liability arising out of or in connection with the Services or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Styling Services to you.
  • You expressly understand and agree that we, our 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 (including by following advice provided by us). This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any damage to your person, any crime committed against you, and any other intangible loss.

Indemnity

• • You agree to indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    • 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 the Website and / or the Services;
    • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and / or
    • any breach of the Terms.

General – Terms

General Disclaimer

• • 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.
  • Subject to this clause, and to the extent permitted by law:
    • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
    • we 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, damage to goodwill, damage to your person or crime committed against you, arising out of or in connection with the Services or the Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. 
  • We do not, and none of our affiliates, directors, officers, employees, agents, contributors and / or licensors, make any express or implied representation or warranty about the Services (including the Styling Services) referred to on the Website, including (but not restricted to) loss or damage you might suffer as a result of any of the following:
    • 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;
    • the accuracy, suitability or currency of any information on the Website, the Services, or any related products (including third party material and advertisements on the Website);
    • costs incurred by you as a result of using the Website, or the Services;
    • any recommendations made by us, including recommendations to purchase particular items, especially in relation to the quality, longevity, or suitability of anything we recommend; and
    • the operation of links which are provided for your convenience.

Dispute Resolution

• • 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 sought).

• • Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice (Notice) to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

• • Resolution: On receipt of the Notice by that other party, the parties must:

• • • Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    • If for any reason whatsoever, 30 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 Law Institute of Victoria or his or her nominee;
    • 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;
    • The mediation will be held in Melbourne, Australia 

  • 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.

• • Termination of Mediation: If 5 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.

Venue and Jurisdiction

• • The Services offered by us are 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 Victoria, Australia.

Governing Law

• • The Terms are governed by the laws of Victoria, 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 will be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. 
  • The validity of this governing law clause is not contested. 

Independent Legal Advice

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

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.

Termination of Terms

• • The Terms will continue to apply until terminated by either us or you as set out below.
  • If you want to terminate the Terms, you may do so by:
    • providing us with seven (7) days’ notice of your intention to terminate; and
    • cancelling any bookings you have made in accordance with our Cancellation and No Show Policy.
  • Your notice should be sent in writing to us via the “contact us” link on our Website.
  • We may at any time terminate the Terms with you if:
    • you have breached the Terms or intend to breach the Terms;
    • we are required to do so by law; or
    • the provision of the Services to you is in our opinion no longer commercially viable.
  • Subject to local applicable laws, we reserve the right to suspend or deny, in our 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 our name, reputation, safety, or rights or violates the rights of another party.