Terms & Conditions

  1. About the Website
    1. Welcome to www.scalpmicroytb.com.au (the 'Website'). The Website provides company, services information and pricing on Lip & Eyeliner Tattoo, Teeth Whitening, Eyebrow & Hairline Microblading, Hyaluron Pen, Plasma Pen, Micro-pigmentation and Eyelash Extension services.
    2. The Website is operated by scalpmicroytb PTY LTD (ABN 63 634 565 405). Access to and use of the Website, or any of its associated Products or Services, is provided by scalpmicroytb. 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, immediately.
    3. scalpmicroytb reserves the right to review and change any of the Terms by updating this page at its sole discretion. When scalpmicroytb updates the Terms, it will use reasonable endeavours 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.
    4. The Terms of Use of the scalpmicroytb website include these Terms and Conditions, the privacy policy and any other terms and conditions that appear in or are linked to the scalpmicroytb website (Additional Terms and Conditions).
  2. Acceptance of the Terms
    • These terms and conditions are the contract between you and scalpmicroytb (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.I / We are scalpmicroytb pty ltd, a company registered in Australia, ABN 63 634 565 405. Our address is 15 Horsley Ave, North Willoughby NSW 2068You are: Anyone who uses Our Website.Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately. 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 scalpmicroytb in the user interface.
  3. License
    1. Unless otherwise stated, scalpmicroytb and/or its licensors own the intellectual property rights for all material on scalpmicroytb. All intellectual property rights are reserved. You may view pages from www.scalpmicroytb.com.au for your own personal use subject to restrictions set in these terms and conditions.
    2. You must not:
      1. Republish material fromwww.scalpmicroytb.com.au
      2. Sell, rent or sub-license material from www.scalpmicroytb.com.au
      3. Reproduce or duplicate or copy material from www.scalpmicroytb.com.au
      4. Redistribute content from scalpmicroytb PTY LTD (unless the content is specifically made for redistribution).
      5. Hyperlinking to our content.
    3. The following organisations may link to our Website without prior written approval:
      1. Government agencies
      2. Search engines
      3. News organisations
      4. Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
    4. These organisations may link to our home page, to publications or to other Web site information so long as the link:
      1. is not in any way misleading;
      2. does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
      3. fits within the context of the linking party’s site.
    5. We may consider and approve in our sole discretion other link requests from the following types of organisations:
      1. Commonly-known consumer and/or business information sources such as Chambers of Commerce, AARP and CHOICE; dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.
    6. We will approve link requests from these organisations if we determine that:
      1. the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link)
      2. the organisation does not have an unsatisfactory record with us
      3. the benefit to us from the visibility associated with the hyperlink outweighs the absence of
      4. where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.
    7. These organisations may link to our home page, to publications or to other Website information so long as the link:
      1. is not in any way misleading;
      2. does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
      3. fits within the context of the linking party’s site.
    8. If you are among the organisations listed in Section 3D-a. and are interested in linking to our website, you must notify us by sending an e-mail to brent@scalpmicroytb.com.au
    9. If you are among the organisations listed in Section 3D-a. and are interested in linking to our website, you must notify us by sending an e-mail to brent@scalpmicroytb.com.au
    10. Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
    11. Approved organisations may hyperlink to our Web site as follows:
      1. By use of our corporate name; or
      2. By use of the uniform resource locator (Web address) being linked to; or
      3. By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.
    12. No use of scalpmicroytb’s logo or other artwork will be allowed for linking absent a trademark license agreement.
  4. Website Content and access
    1. While scalpmicroytb endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
    2. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), scalpmicroytb disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.
    3. scalpmicroytb does not guarantee that access to the scalpmicroytb website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the scalpmicroytb website or any data on such a computer.
  5. Interference with website
    1. You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the scalpmicroytb website.
    2. IFrames (Inline Frames)
      1. Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.
  6. Reservation of Rights
    1. Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:
      1. PayPal (‘PayPal')
      2. Cash (‘Cash')
      3. Afterpay, Stripe, Ezypay, or Credit Card
    2. All payments made in the course of your use of the Services are made using Paypal, Afterpay, Stripe, Ezypay. In using the Website, the Services 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 Paypal, Afterpay, Stripe or Ezypay terms and conditions which are available on their website.
    3. You acknowledge and agree that where a request for the payment of the Services Fee 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.
    4. You agree and acknowledge that scalpmicroytb can vary the Services Fee at any time.
  7. Refund Policy
    • scalpmicroytb will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of scalpmicroytb makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
  8. Copyright and Intellectual Property
    1. The Website, the Services and all of the related products of scalpmicroytb 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 scalpmicroytb or its contributors.
    2. All trademarks, service marks and trade names are owned, registered and/or licensed by scalpmicroytb, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a visitor to:
      1. use the Website pursuant to the Terms;
      2. copy and store the Website and the material contained in the Website in your device's cache memory; and
      3. print pages from the Website for your own personal and non-commercial use.
    3. scalpmicroytb does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by scalpmicroytb.
    4. scalpmicroytb 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:
      1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      3. 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.
    5. You may not, without the prior written permission of scalpmicroytb 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
    • scalpmicroytb takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to scalpmicroytb's Privacy Policy, which is available on the Website.
  10. General Disclaimer
    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.
    2. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      2. scalpmicroytb 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 Services or these 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.
    3. 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. None of the affiliates, directors, officers, employees, agents, contributors and licensors of scalpmicroytb make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of scalpmicroytb) referred to on the Website. Includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. 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;
      2. 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);
      3. costs incurred as a result of you using the Website, the Services or any of the products of scalpmicroytb; and
      4. costs incurred as a result of you using the Website, the Services or any of the products of scalpmicroytb; and
      5. the Services or operation in respect to links which are provided for your convenience.
  11. Limitation of liability
    1. scalpmicroytb's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
    2. You expressly understand and agree that scalpmicroytb, 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 Contract

    The Terms will continue to apply until terminated by either you or by scalpmicroytb as set out below.

    1. The Terms will continue to apply until terminated by either you or by scalpmicroytb as set out below.
    2. If you want to terminate the Terms, you may do so by:
      1. providing scalpmicroytb with 7 days' notice of your intention to terminate; and
      2. closing your accounts for all of the services which you use, where scalpmicroytb has made this option available to you.
    3. Your notice should be sent, in writing, to scalpmicroytb via the 'Contact Us' link on our homepage.
    4. scalpmicroytb may at any time, terminate the Terms with you if:
      1. you have breached any provision of the Terms or intend to breach any provision;
      2. scalpmicroytb is required to do so by law;
      3. the provision of the Services to you by scalpmicroytb is, in the opinion of scalpmicroytb, no longer commercially viable.
    5. Subject to local applicable laws, scalpmicroytb reserves the right to discontinue or cancel your membership 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 scalpmicroytb's name or reputation or violates the rights of those of another party.
  13. Indemnity
    1. You agree to indemnify scalpmicroytb, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. 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 Content;
      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
      3. any breach of the Terms.
  14. Dispute Resolution
    1. Compulsory:
    2. 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).

    3. Notice:
    4. 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.

    5. Resolution:
    6. On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must: Within 14 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 Australian Mediation Association, Conflict Resolution Service 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 15 Horsley Ave, North Willoughby NSW 2068, Australia.

    7. Confidential:
    8. 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.

    9. Termination of Mediation:
    10. If 1 month 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
  16. The Services offered by scalpmicroytb 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 New South Wales, Australia.

  17. Governing Law
  18. The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.

  19. Independent Legal Advice
  20. 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

  21. Severance
  22. 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.