TERMS u0026amp; CONDITIONS

WEBSITE TERMS AND CONDITIONS

These terms and conditions apply to the use of this Site, including the use of the services offered on this Site. In using this Site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using this Site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Site.

DEFINITIONS

“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act;

“Consumer” is as defined by the ACL;

“Contract” means any contract for the provision of Online Stylist, Makeup and Hair advice by Four Weeks For You (FWFY) to you;

“Online Content” means the consumer stylist, makeup artist and hairdresser content, ability to post comments, access various commentaries and writing, access other user generated content, including text, photographs, images, graphics, videos and audio content offered and administered by FWFY via the Site;

“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;

“Member Information” has the same meaning as in clause 5 of these Site Terms;

“Online Styling, Makeup and Hair Program” means the online courses on a variety of topics relevant to FWFY including the Online Content purchased via the Site;

“FWFY” means Four Weeks For You Pty Ltd;

“Services” means the services provided by Four Weeks For You which allows you to take part in Online Content;

“Site” means the website www.fwfy.com.au;

“Site Terms” means these terms and conditions; and

“You” means the person, jointly and severally if more than one, using the Site or acquiring the Services or Online Styling, Makeup and Hair Program from FWFY.

Payment terms

The program begins on the second Monday every two months of the year. Membership is purchased in four week blocks.

The Program Start Date is deemed to be the first program after a member joins.

No further payment is required by the user.

APPLICATION OF SITE TERMS

  1. This Site is owned and operated by FWFY.
  2. Through this Site:

2.1 you can register as a member;

2.2 purchase access to the Online Styling, Makeup and Hair program; and

2.3 access the Online Content, subject to being eligible.

  1. FWFY may amend these Site Terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment becomes effective will constitute your agreement to be bound by these Site Terms, as amended.
  2. FWFY reserves the right to vary or modify the information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.

MEMBERSHIP AND MEMBER INFORMATION

  1. You may be prompted to register for access to this Site and to submit certain information in order to fully utilise the Online Stylist, Makeup and Hair Program provided (Member Information). The Member Information may include, but is not limited to, your name, contact details and credit card details.
  2. Upon becoming a member, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on this Site which occur under your login and password.
  3. Membership is non-transferable.
  4. FWFY may terminate your membership at any time by notice to You.
  5. You are responsible for the content of all Member Information entered on this Site. All Member Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Member Information.
  6. You must indemnify FWFY for any losses, costs, expenses or damages that FWFY may suffer or incur if any if the Member Information provided by you is not correct.

PRIVACY

  1. FWFY may collect, use, store, record and transmit your personal information entered on this Site. Your continued use of the Site and your provision of your personal information constitutes your approval for FWFY to deal with your personal information.

SECURITY OF INFORMATION

  1. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any Member Information which you transmit to us. Accordingly, any Member Information which you transmit to us is transmitted at your own risk.
  2. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such Member Information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk.
  3. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this Site.

LINKS TO OTHER SITES

  1. You may be able, through hypertext or other computer links, to gain access to other sites, its affiliates or other third parties (Linked Sites) from time to time. Unless otherwise specified, the Linked Sites are not under FWFY’s control. The Linked Sites may have different terms and conditions and privacy requirements. Unless otherwise specified, FWFY is not responsible for the content of any Linked Sites, or any changes or updates to such sites. FWFY provides these links for your convenience only. You link to any such Linked Sites at your own risk. FWFY is not a party to any transaction between you and a Linked Site. Unless specified, FWFY does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

DISCLAIMER (USE OF THE SITE)

  1. FWFY does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site (Information) or that it is suitable for your intended use. The Information is provided by FWFY in good faith on an “as is” basis without warranty of any kind.
  2. FWFY does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.
  3. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.
  4. FWFY makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.
  5. FWFY recommends that you consult with a registered professional if you have concerns in relation to the Information.

LIMITATION OF LIABILITY (USE OF THE SITE)

  1. FWFY will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site. Under no circumstances will FWFY be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of this Site results in the need for servicing or replacing of equipment, FWFY will not be liable for those costs.
  2. Where liability cannot be excluded, any liability incurred by FWFY is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.

THIRD PARTY MATERIAL

  1. Certain Information may include material from third parties.
  2. You agree that FWFY is not responsible for examining or evaluating the content or accuracy of the third party material and FWFY does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
  3. You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that FWFY is not in any way responsible for any such use by you.

INTELLECTUAL PROPERTY (SITE)

  1. Four Weeks For You 2017.
  2. You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of FWFY or third party suppliers as the case may be.
  3. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without FWFY’s prior written consent. However, you may download and print these Site Terms for your personal non-commercial use.
  4. All trade marks and trade names which appear on this Site are proprietary to FWFY and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

SPAM

  1. The publication of FWFY’s email addresses on this Site is to facilitate communications relating to the Online Stylist, Makeup and Hair Program and Services supplied by FWFY. It must not be inferred as consent by FWFY to receive unsolicited commercial electronic messages.

MEMBER SUBMISSIONS

  1. From time to time, you may be able to post reviews and/or comments regarding the features of this Site or the Online Stylist, Makeup and Hair Program (Member Submissions). You irrevocably grant to FWFY a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of FWFY all moral rights in any jurisdiction.
  2. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify FWFY for any losses, costs, expenses or damages that FWFY may suffer or incur as a result.
  3. FWFY reserves the right, but not the obligation, to review, edit or delete any Member Submissions that FWFY deems to be illegal, offensive or otherwise inappropriate.

BASIS OF CONTRACT AND ORDERING ONLINE STYLIST, MAKEUP AND HAIR  PROGRAM

  1. From time to time, FWFY will offer Online Stylist, Makeup and Hair Program for sale.
  2. These Site Terms apply exclusively to every Contract.
  3. Any quotation, displayed price, order list or order confirmation provided by FWFY to you for the proposed supply of Online Stylist, Makeup and Hair Program is an invitation to treat only, and is subject to you placing an order which is your offer to enter into a Contract with FWFY on these Site Terms.
  4. A Contract is formed when FWFY confirms acceptance of your order and receipt of your payment.
  5. You must not purchase the Online Stylist, Makeup and Hair Program for the purpose of re-supply.
  6. FWFY in its absolute discretion may refuse to accept any order from you.

PRICING AND PAYMENT FOR ONLINE STYLIST, MAKEUP AND HAIR PROGRAM

  1. You agree to pay for Online Stylist, Makeup and Hair Program in the manner specified in these Terms and on the Site.
  2. Prices displayed for the supply of Online Stylist, Makeup and Hair Program include GST, and any other taxes or duties imposed on or in relation to the Online Stylist, Makeup and Hair Program.
  3. Subject to clause 43, payment for the Online Stylist, Makeup and Hair Program must be made by credit card immediately prior to confirmation of your order. You will not be able to access the Online Stylist, Makeup and Hair Program until payment is received.
  4. You may have access to the Site as a returning customer and will be logged in as a member under your login and password to purchase the Online Stylist, Makeup and Hair Program.

DELIVERY OF ONLINE STYLIST, MAKEUP AND HAIR PROGRAM

  1. FWFY will make the Online Stylist, Makeup and Hair Program available for access from the Site.
  2. Any period or date for the access of the Online Stylist, Makeup and Hair Program stated by FWFY is an estimate only and not a contractual commitment.
  3. FWFY will use its reasonable endeavours to meet any estimated dates for access to the Online Stylist, Makeup and Hair Program but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.
  4. You must advise FWFY in writing within 72 hours after been advised that the Online Stylist, Makeup and Hair Program is available for access from the Site:

47.1 of the inability of the Online Stylist, Makeup and Hair Program to be accessed;

47.2 if there is damage to the Online Stylist, Makeup and Hair Program; or

47.3 that the wrong Online Stylist, Makeup and Hair Program has been received.

CANCELLATIONS AND REFUNDS

  1. If FWFY is unable to deliver or provide the Online Stylist, Makeup and Hair Program, then it may cancel your order (even if it has been accepted) by notice to you. In such circumstances, FWFY will refund to you the purchase price.
  2. No purported cancellation or suspension of an order or any part of it by you is binding on FWFY once the order has been accepted and payment confirmed.
  3. You are legally entitled to a refund (or replacement, exchange or credit note) in limited circumstances. Please retain your online payment confirmation or credit card statement as proof of purchase for these situations.
  4. FWFY will not otherwise provide any refunds so choose carefully.

TERMINATION OF ACCESS

  1. Access to this Site may be terminated at any time by us without notice. Our disclaimer in clauses 16 through 20 inclusive will nevertheless survive any such termination.

USE OF ONLINE STYLIST, MAKEUP AND HAIR PROGRAM

  1. You acknowledge and agree that all Online Stylist, Makeup and Hair Program is protected by copyright or other intellectual property rights and laws and remain the property of FWFY or third party suppliers as the case may be.
  2. Other than as required to use the Online Stylist, Makeup and Hair Program for your personal enjoyment and improvement, you may not and may not authorise any third person to:

(a) copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Online Stylist, Makeup and Hair Program;
(b) modify or make any alterations, additions or amendments to any part of the Online Stylist, Makeup and Hair Program;
(c) create derivative works from, any content, information, software, Online Stylist, Makeup and Hair Program;
(d) convert the Online Stylist, Makeup and Hair into an electronic format other than the one in which it was supplied;
(e) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Online Stylist, Makeup and Hair Program or reproduce all or any portion of the said components;
(f) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.

  1. Regardless of whether the Online Stylist, Makeup and Hair Program includes security technology that limits your use of the Online Stylist, Makeup and Hair Program, you must comply with these provisions or you may infringe copyright.

 

DISCLAIMER (USE OF THE ONLINE STYLIST, MAKEUP AND HAIR PROGRAM)

  1. FWFY does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the Online Stylist, Makeup and Hair Program or that they are suitable for your intended use. The use of the Online Stylist, Makeup and Hair Program is at your own risk.
  2. FWFY does not warrant or represent that the Online Stylist, Makeup and Hair Program are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
  3. Online Stylist, Makeup and Hair Program may include material from third party authors or suppliers.
  4. You agree that FWFY is not responsible for examining or evaluating the content or accuracy of the third party material and FWFY does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
  5. FWFY, its authors or its suppliers may make changes to Online Stylist, Makeup and Hair Program at any time in their sole discretion without notice or liability.
  6. FWFY reserves the right to suspend, remove, or disable access to Online Stylist, Makeup and Hair Program at any time without notice or liability.

LIABILITY (ONLINE STYLIST, MAKEUP AND HAIR PROGRAM AND SERVICE)

  1. Except as the Site Terms or Exam Terms specifically state, or as contained in any express warranty provided in relation to the Online Stylist, Makeup and Hair Program or Services, the agreement between you and FWFY does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Online Stylist, Makeup and Hair Program or the Services or any contractual remedy for their failure.
  2. If you are a consumer, nothing in the Site Terms restricts limits or modifies your rights or remedies against FWFY for failure of a statutory guarantee under the ACL.
  3. Nothing in the Site Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
  4. You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by FWFY in relation to the Online Stylist, Makeup and Hair Program or the Services or their use or application.

 

MISCELLANEOUS

  1. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
  2. FWFY’s failure to enforce any of these Site Terms shall not be construed as a waiver of any of FWFY’s rights.
  3. If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Site Terms without affecting the enforceability of the remaining terms.
  4. A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.