This agreement, together with any additional terms, conditions, notices and disclaimers contained elsewhere on this website forms the conditions of the supply of information, material, use and access to this website (‘the Website’).
Your continued use of the Website constitutes an acknowledgement and agreement by You that You accept and agree to abide and be bound by these
terms and conditions and any modifications made to them by Us from time to time.
1.1 The contents of this Web site are the property of or have been duly and lawfully licensed to Sarah Hudson Pty Limited (‘Sarah Hudson’, ‘We’, Us or ‘Our’). Any rights not expressly granted herein are reserved to Sarah Hudson Pty Ltd. You may not use, publish, perform, transmit, licence, sell, transfer, modify, copy or reproduce any of the material in any way whatsoever contained in or products and/or services displayed on this Website.
1.2 You must also ensure that You do not provide a link to this Website from another website without Our prior written consent.
1.3 Nothing displayed on this Website should be construed as granting any licence or right of use of any logo or trademark displayed on the Website without the express written permission of the relevant owner.
Use of any personal information that You provide to Sarah Hudson Pty Ltd is governed by our Privacy Statement.
3. Your Conduct
3.1 As a condition of Your use of this Website or any services or information on this Website, You warrant to Sarah Hudson Pty Ltd that You will not use this Website for any purpose that is unlawful, or prohibited by these terms and conditions. You agree to abide by all applicable laws, regulations and codes of conduct and You agree not to:
(a) use this Website to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;
(b) publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
(c) use any automated scripting tools or software;
(d) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the Website;
(e) impersonate any person or entity;
(f) upload, post, email, transmit or otherwise make available using the Website any material that You do not have a right to make available
under any law or contractual obligation or which contains viruses or other computer codes, files or programs designed to interrupt, limit or
destroy the functionality of other computer software or hardware.
3.2 Sarah Hudson Pty Ltd and Sarah Hudson retains the right at all times to monitor, retain and disclose any information as is necessary to satisfy any applicable law, regulation, legal process or governmental request. You will indemnify Sarah Hudson Pty Ltd or its related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by You or Your use of or conduct on the Website.
4. Website Content
4.1 Sarah Hudson Pty Ltd makes no representations about the suitability of the information contained in or on the Website or that of any downloads available on the Website to any specific purpose by required by You. Your use of the Website including use of any information and or material on the Website is at Your sole risk. While we endeavour to ensure the accuracy and completeness of the information contained in this Website, we make no warranties as to the use and purpose of the information and accept no responsibility for any loss or damage You may suffer as a result of Your use of the Website, its information or material or Your reliance on any part of it.
4.2 Sarah Hudson Pty Ltd makes no representations or warranties:
(a) in relation to any of the material and or information on this Website (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);
(b) in relation to any material and or information on any other website referred to or accessed by a hyperlink through this Website (including
any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);
(c) that this Website or any of its material and information is virus free;
(d) that Your access to this Website will be uninterrupted, timely or secure.
4.3 Sarah Hudson Pty Ltd will not be liable for any loss or damage to You resulting from any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties or malfunction in equipment or software.
4.4 Sarah Hudson Pty Ltd reserves the right to remove, withdraw, refuse access to, alter or revise the information on the Website at all times.
5. Third Party Sites When You select links available on the Website, You will actually leave the Website. These linked sites are not under the control of Sarah Hudson Pty Ltd and Sarah Hudson Pty Ltd is not responsible for the contents of any linked site, or any transmission received from these linked sites. Sarah Hudson Pty Ltd is providing these links for Your convenience and interest only and any included site does not imply endorsement by Sarah Hudson, Sarah Hudson Pty Ltd. In particular, Sarah Hudson Pty Ltd makes no warranties or representations that material on other websites to which material is linked does not infringe the intellectual property rights of any person anywhere in the world. Sarah Hudson Pty Ltd is therefore not and must not be taken to be authorising infringement of any intellectual property rights contained in material on other sites by linking to such material on othersites.
Individual advertisers (if any) are solely responsible for the content of any advertising material which is submitted to Sarah Hudson Pty Ltd and published on the Website, including ensuring that it complies with relevant legislation. Sarah Hudson Pty Ltd accepts no responsibility for the content of any advertising material published on this Website and the display of such advertising does not in any way imply a recommendation or endorsement by Sarah Hudson of the relevant advertiser, its products or services.
7. Online Booking
7.1 This Website provides visitors with the option to book services online. Sarah Hudson offers the Services available from time to time displayed on the Website.
7.2 On receiving the booking details We will confirm the booking with You and in accepting the booking You will comply with Our booking and cancellation policy that will be communicated to You at the time of the booking and available on the Website.
7.3 All prices for Services quoted on the Website’s are in Australian Dollars (A$) and include GST. All prices are correct at the time of publication however we reserve the right to alter prices for any reason, at any time.
8. Limitation of Liability
8.1 In no event is Sarah Hudson, Sarah Hudson Pty Ltd liable for any direct, incidental, consequential, special, punitive or exemplary damages or loss of profits of whatever nature (even if Sarah Hudson Pty Ltd has been advised specifically of the possibility of such damages arising from consumers using the Website or howsoever arising including but not limited to:
(a) the use of or access to, or any inability to use or access the Website or any material and or information on the Website;
(b) unauthorised access to, or alterations of Your transmissions or data;or
(c) Your reliance on any statement or representation made on the Website.
8.2 Sarah Hudson Pty Ltd does not exclude any rights and remedies available to You in terms of the Australian Consumer Law or any similar State or Territory legislation in relation to the provision by Sarah Hudson Pty Ltd of any services via the Website which cannot be excluded, restricted or modified. However, we exclude all other conditions and warranties which may be implied by law.
8.3 In the event that these terms and conditions or this Website or any part of it constitutes a supply of services to a consumer as defined in the Australian Consumer Laws (ACL) being Schedule 2 to the Competition and Consumer Act 2010 or any equivalent statute or territory legislation as amended (‘the Act’), nothing contained in these terms and conditions or this Website or any part of it restricts or modifies in relation to any of these and/or the goods or services to be supplied in connection with these terms and conditions or this Website or any part of it, any condition, warranty, right or remedy which pursuant to the Act, applies to these
terms and conditions or this Website or any part of it, or is conferred on You, provided that to the extent that the Act permits Sarah Hudson Pty Ltd to limit its liability for breach of condition or warranty implied by the Act, then Sarah Hudson Pty Ltd liability for such breach including any consequential loss which You may sustain or incur shall be limited to:
(a) in the case of services any cost of the following as determined by Sarah Hudson Pty Ltd:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
9.1 These terms and conditions may be varied from time to time. Please ensure that You review these terms and conditions regularly as You will be deemed to have accepted a variation if You continue to use the site after it has been posted.
9.2 These terms and conditions will be governed by and construed in accordance with the laws of the state of New South Wales, Australia and the parties agree to submit to the jurisdiction of those courts of that State.
9.3 Please contact our webmaster should You have any technical issues regarding this Website.
9.4 These terms and conditions were last updated on SkinbySarahhudson.com.au on the 1st August 2018.
10. Online Shopping
10.1 This Website provides visitors with the option to purchase products and book services online. Sarah Hudson offers the Products and Services displayed on the Website for sale.
10.2 The Products offered on the Website’s shopping areas can be purchased using our secure online transaction facility, using Master Card and Visa.
10.3 To ensure that Your credit card or personal details (Name, Email, Address, Phone Number) are kept secure in transit over the internet, we use a 128 bit encrypted SSL Web Server Certificate to encrypt data going to and from the Website. SSL works by providing a secure link between Your browser and scrambling any information You provide to us to ensure it is kept secure. However, while Sarah Hudson Pty Ltd uses its best endeavours to protect all such information at all times, we cannot be responsible for any unauthorised access to the information.
10.4 Personal details (Name, Email, Address, Phone Number) will not be passed onto third parties. They may be applied to Skin By Sarah Hudson marketing unless other requested, and will be applied to process for delivery details.
10.5 Unless requested, Skin By Sarah Hudson will not store credit card details. No Credit card details are stored by the transaction facility.
10.6 All prices quoted in the Website’s shopping areas are in Australian Dollars (A$) and include GST. All prices are correct at the time of publication however we reserve the right to alter prices for any reason, at any time.
10.7 We will process 100% of the value of Your order at the time You make the order and we will arrange shipping of goods (option as selected by you) the subject of the order. In making the order You authorise us to process Your credit card in this way.
10.8 The turn around time for any order You make online will be as follows:
(a) where You make an order directly from the product catalogue of the Online Shop, You will need to wait up to three (3) to five (5) business days for delivery by Express Post throughout Australia and seven (7) to ten (10) business days by airmail if You have made an overseas order.
(b) Where You make an order directly from the product catalogue of the Online Shop, if we do not have stock immediately available, we will email You of an adjusted delivery time (usually 3-4 days). Australian deliveries cost $15.00 for postage and handling. Deliveries outside of Australia will be advised to you upon you providing details of your email address through our website info contact email.
10.9 Once You have made Your order by submitting the order form information by clicking the ‘Buy Now’ button, orders cannot be cancelled. All products are sealed for Health and Safety Reasons, therefore cannot be exchanged once opened. Please see our delivery page for more information. If within 4 weeks of purchasing a product, You find that the product is faulty or defective You may return it to us for replacement. If we agree that the Product is faulty and defective, and the Product cannot be replaced you will receive a full refund. Please note that Products You have misused or abused or not followed the instructions of or complied with the homecare regime prescribed to You, will not be deemed faulty or defective for the purposes of this warranty.
11. Gift Vouchers And E-Gift Card
11.1 Gift Vouchers and E-Gift Cards sales may not be exchanged (wholly or partly) for cash.
11.2 Gift Vouchers and E-Gift Cards are not refundable for change of mind.
11.3 Gift Vouchers and E-Gift Cards are valid for 36 months, unused balance will not be refunded or credited upon expiry.
11.4 If the value of Your purchase is less than the value of the Gift Vouchers and E-Gift Cards, any unused balance will remain on the Vouchers or Card and can be redeemed when You make your next purchase. The remaining balance cannot be redeemed for cash.
11.5 If Your purchase exceeds the value of the Gift Vouchers and E-Gift Cards, You can pay the balance using an alternative payment method.
11.6 E-Gift cards will not be honoured if the subject is a fraudulent transaction.
11.7 It is Your responsibly to ensure the email address provided is correct
11.8 When E-Gift cards are purchased from our website, it can take up to one hour for the e-gift card to be sent to the recipient. If there is a delay Skin By Sarah Hudson cannot be held responsible.
Skin By Sarah Hudson cannot be held responsible if the e-Gift card cannot be delivered to the recipients email address because of spam filters, firewalls or other factors.
It may be sent to an alternate email address or posted via mail to a nominated address.