NewMeSydney

Disclaimer

Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By placing an order for Products, you (“Customer”) accept and agree to these terms and conditions. A binding contract will only be formed upon Brows Eyes Lips giving notice of its formal acceptance of an order. Acknowledgment of receipt of an order shall not constitute acceptance of an order.

1. General

In these terms and conditions: NMS is referred to as “New Me.Sydney”. “Customer” or “you” refers to the person (a natural person or other legal entity) who orders Services via this website or an NMS telephone call center, and whose order for Products is accepted by NMS; “Contract” is the contract containing these terms and conditions, formed by NMS’s acceptance of your order, and credit card or other payment details; “Services” are any services available from NMS through NMS website; “Terms” are these terms and conditions of sale; “NMS websites” is the website operated by or on behalf of NMS; and “day” refers to a calendar day.

2. General – Application of Terms and Conditions

Customer’s (your) purchase of Services, whether through an NMS’s website or a NMS telephone call center, is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by Customer or in any course of dealing.

3. NMS may amend these Terms, including payment, guarantee and other terms, without notice.

NMS may provide notices of changes to NMS websites, the Terms and other matters by displaying notices or hypertext links to notices or by simply making the changes on the relevant NMS website.

 4. Product information and availability changes

NMS continually updates and revises Services. NMS may update, revise and/or discontinue Services at any time. NMS may revise prices for Services listed as available on NMS websites at any time. A price remains valid only for the duration of the day on which Customer visits the page of the NMS website displaying that price or the day on which Customer is informed of the price by NMS endeavours (through a telephone call center or otherwise). NMS displays current Services at https://www.newme.sydney.

Although care is taken to ensure the accuracy of the information on NMS websites, they could include inaccuracies or typographical errors, including pricing errors. NMS shall not be obliged to honour, nor be liable in respect of, such errors.

5. Terms of Payment

Customer must tender a full payment (via an accepted credit card, PayPal or  or other payment means accepted by NMS) on or before the delivery of Services unless otherwise agreed with NMS. A deposit must be paid prior to the booking in order to confirm the appointment. Deposit is considered refundable unless the cancelation or rescheduling the appointment is undertaken within 48hours prior to the day of an appointment. Invoicing and payment collection by NMS may be effected through third parties.

6. Account Information

You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the NMS website account details section or as requested by a NMS telephone call center agent (“Account Information”), and 2) maintaining and promptly updating Account Information to maintain its accuracy, currency and completeness. You are solely responsible for the security of any password provided to you for purposes of facilitating Service purchases or other matters via this and other NMS websites. NMS shall not be liable for any unauthorized use of passwords.

7. Liability limitation

These Terms set out the full extent of NMS’s obligations and liabilities in respect of the services provided of, or failure to provide. NMS is not liable to you (or any other parties):

a. for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data or other economic advantage (even if NMS have been advised of the possibility of such damages), however caused, through serious fault, Services unavailability or otherwise and regardless of the theory of liability, whether in contract, tort or otherwise (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts or gross negligence, or other fault bases),
or

b. for 1) loss of the use of Services or inability to order Services via a NMS website or other media, 2) the cost of procuring substitute goods and services resulting from any data, information or services purchased or messages received or transactions entered into through a NMS website or other media, 3) unauthorized access to or alteration of your transmission or data, or 4) statements or conduct of any third party regarding any matter relating to content downloaded from an NMS website or other media.

YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

This clause and the limitations of liability apply also to NMS named as the guarantor or warrantor (if any), in the relevant Guarantee. If applicable law prevents, restricts or limits NMS’s ability to limit or exclude its liability or its liability in respect of certain kinds of loss, the limitations and exclusions in these Terms shall apply to exclude or limit NMS’s liability to the maximum extent permissible.

This site does not provide medical or other licensed professional advice. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine. The site materials, such as text, graphics, images, and information obtained from this site are for informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site.

The site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site. If you think you may have a medical emergency, call your doctor or 911 immediately.

8. Important Consumer Qualification

Nothing in these Terms limits, excludes or affects (and should not be read to limit, exclude or affect) NMS’s liability which, under the laws which apply to you (which may include consumer protection laws in your usual country of residence) cannot be excluded or limited.

Nothing in these Terms affects (or should be read to limit or affect) statutory rights under applicable national laws in force which apply to you. You may assert your rights at your sole discretion.

9. Third parties’ information

The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

10. Testimonials disclaimer
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

11. Data Protection and Privacy

PERSONAL INFORMATION WE COLLECT.

When you visit the Site, we can automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we can collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.” 

Additionally when you make a purchase or attempt to make a purchase through the Site, we can collect certain information from you, including your name, billing address, payment information, email address, and phone number.  We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, and providing you with invoices and/or order confirmations).  Additionally, we use this Order Information to:

Communicate with you.

SHARING YOUR PERSONAL INFORMATION

We use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here:  https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

MINORS

The Site is not intended for individuals under the age of 16.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. 

17. Other – general

Notices and Communications

Each party (i.e. you or NMS) may send notices or communications to the other by e-mail, message, WhatsApp message or phone call. Notices or communications must be sent to the latest contact details specified by the receiving party.

E-mail communications shall be considered received by the addressee on the earlier of (1) the earliest time at which the e-mail is accessible by the addressee; (2) receipt by the sender of a delivery receipt message indicating successful delivery to the intended addressee’s e-mail address, or (3) the expiry of 48 hours from the sending of the e-mail; provided that if at any point the sender receives notification that the e-mail has not been successfully transmitted to an addressee then the e-mail shall not be deemed to have been received by that addressee. ORDER CANCELLATIONS BY CUSTOMERS VIA E-MAIL SHALL ONLY BE EFFECTIVE UPON EXPRESS ACCEPTANCE THEREOF BY NMS.

NMS may at its option accept orders and acknowledge, accept or effect other communications by telephone. Telephone communications by NMS shall be as effective as written communications.

No waiver

No omission or delay on the part of any party to insist on strict performance of any Terms, or in exercising any right, power or remedy under these Terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Terms shall be a waiver of any subsequent breach of that or any other Term.
Severability

If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, and only if it cannot be interpreted in a manner to avoid the illegality, invalidity or unenforceability (and only in relation to that jurisdiction or country, or category of persons) be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.

18. Statutory rights

These Terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.

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