1.1 This Disclaimer applies to the products and services provided by FE & SAI PTY LTD (ACN 629 502 174) trading as Lashlift Lounge (we, us, our) to you, and to your use of our website lashliftlounge.com (Site). By purchasing our products, engaging our services or using our Site, you agree to this Disclaimer and all our other terms and policies.
2. GENERAL DISCLAIMER
2.1 Use of the Site and any of the products or services sold on the Site is at your own risk. Everything on the Site, and our products and services are provided to you on an "as is" and "as available" basis.
2.2 You acknowledge and agree that each product/serviceoffering may have different terms, prices and fees, as displayed on our Site.
2.3 All possible care has been taken in the preparation of this Site. However, specification and particulars in relation to the products and services referred to on our Site are subject to change without prior notice. We will make every effort to ensure a product is accurately depicted on the Site, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Site. We will not be held liable for any errors or omissions.
2.4 Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
2.5 We make no representation or guarantee regarding the suitability of our products or services for any particular purpose, other than those guarantees that cannot be excluded under Australian Consumer Law. We do notassume any liability whatsoever arising out of the application or use of any product or service. You shall not rely on any data and product specifications provided by us, including to determine whether the products or services will be suitable for you. It is your responsibility to independently determine suitability of any products and services of ours and to test and verify the same.
2.6 Any testimonials and examples of our products and services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results with our products and services.
2.7 Any timelines or delivery dates are provided by us as an estimation only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond its control, and is not responsible for any delay in delivering our products.
2.8 We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold us harmless for any damage or loss suffered as a result of use of our products and services, or as a result of our recommendations and information supplied in connection with our products and services and in accordance with this Site.
2.9 We, our employees, directors, and agents shall not be liablefor any loss, damage, cost or expense, whether financial or otherwise, direct, indirect consequential or special, incurred by, or arising by reason of, your use of ourproducts or services.
2.10 You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your use of our products or services.
2.11 Nothing in this Disclaimer 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.
3.1 If you use our products it is your sole responsibility to correctly follow any instructions that accompany our products.
3.2 Before we provide our services, we will provide you with a questionnaire regarding your medical history. It is your responsibility to provide us with complete and accurate information.
3.3 Our Lashlift & Brow Lamination kits are only intended to be used by professionals who have undertaken the appropriate training in performing lash lifts & brow lamination. You acknowledge that we are not liable if you use our Lashlift & Brow Lamination kits without the appropriate training and suffer any loss or damage or you cause loss or damage to any third party, and you agree to indemnify us against any claim made by you or a third party in relation to our Lashlift & Brow Lamination kits.
3.4 Regarding any future products sold on our website listed as for professional use only, you acknowledge that those products are only intended to be used by professionals who have undertaken the appropriate training. You acknowledge that we are not liable if you use those products without the appropriate training and suffer any loss or damage or you cause loss or damage to any third party, and you agree toindemnify us against any claim made by you or a third party in relation to those products.
3.5 If you use any of our products on a third party, we are not liable for any damage, injury or loss suffered by that third party in connection with our products, and you agree to indemnify us against any claim made by you or a third party in relation to those products.
3.6 You acknowledge and agree that we are not liable for any injury, damage or loss you may suffer if you incorrectly or improperly use our products or services.
3.7 You acknowledge and agree that the eye area is particularly vulnerable and that you must take great care to ensure you do not get any of our products in your eye or poke your eye. Ensuring proper use of our products and avoiding injuries, when you have purchased them directly from our online store, is your sole responsibility.
3.8 The use of any products purchased from us may have unexpected or unintended consequences, such as allergies which may vary from person to person, and you acknowledge that your use of the products is at your own risk.
3.9 Before using any new product for the first time, you should test it on a small area of your skin (avoiding any broken or irritated skin). If you develop a skin reaction or any other sensitivity or symptoms, discontinue use immediately and consult your medical practitioner. You should discontinue using any product that causes any of the following: redness, scaling, itching, burning, soreness, blisters, watery eyes, irritation or other similar reactions.
3.10 If you have any sensitivities or allergies to any ingredients used in our products (as listed on our Site), you should not use those products.
3.11 You acknowledge and agree that we do not guarantee any results from our products or services.
3.12 You acknowledge and agree that results from our products and services may vary from customer to customer.
3.13 We do not guarantee that our products and services will improve the appearance of your eye lashes or eyebrows.
3.14 We make no guarantees that use of our Lash & Brow Growth Serum will result in strengthened or longer eyebrows or eye lashes.
3.15 You acknowledge and agree that we make no guarantees that our products and services will result significantly lifted eye lashes.
3.16 You acknowledge and agree that if you are currently taking any medication, pregnant, breastfeeding or suffer from a medical condition, you should consult your health care provider before using our products and services.
3.17 The information provided during the provision of our services is general information and is not in the nature of financial, legal or any form of advice.
3.18 While we make every attempt to ensure the quality and accuracy of the labelling of all ingredients used in our products, and appropriate tests of our products have been conducted, you acknowledge and agree that we rely on the representations and warranties made by our suppliers and manufacturers. We are not liable if those representations made by third-party suppliers or manufacturers turn out to be false, but we will inform you as soon as we become aware of any false statements made by those third parties regarding our products.
3.19 We shall not be liable, under any circumstances whatsoever, for any loss of business, profits or goodwill, interruption of business, or for any indirect, special, incidental or consequential damages of any character, that result in any way from your use or inability to use our products and services.
3.20 This Disclaimer shall bind your heirs, executors, personal representatives, successors, assigns, and agents. © Progressive Legal Pty Ltd (ACN 607 068 708) trading as Progressive Legal (2021). All Rights Reserved. This document was last updated 12 April 2021.