The use of this website and reliance on any of the information contained herein is subject to the following terms and conditions (the “Terms”):
FACELAB Pty Ltd CAN 624 516 374 of 81 Riversdale Road, Hawthorn VIC. 3122, Australia (the “Organisation”)
www.facelab.com.au (the “Website”)
The Terms and Conditions for using or relying of information contained in the website or representations made therein are is available at www.faceleb.com.au/terms (the “Terms”)
Call 1300 322 352 or click here to send us an email
firstname.lastname@example.org (the “Complaints Email”)
In the below, a reference to ORGANISATION (and “Us”, “We” or “Our”) is a reference to the Organisation, unless the context specify otherwise.
This Website (including the products and services we refer to in this Website) is directed and available only in Australia to Australian residents.
We may issue You with a user name and password in order for You to use this Website, or components thereof, and You are responsible for maintaining the confidentiality of Your user name and password.
You agree that We may in Our sole discretion and without notice vary or modify this Website and/or these Terms and any other documents referred to in these Terms. Any amendments will come into effect immediately and automatically. Any subsequent Use by You of the Website will constitute an acceptance of any amendments. It is Your responsibility to review these Terms regularly and to ensure that You agree with any amendments. If You do not agree with the amendments, You should not continue Your use of the Website.
Nothing in these Terms create any relationship of agency, partnership or joint venture between You and the ORGANISATION , and You must not hold yourself out as the agent or partner of the ORGANISATION or as being in a joint venture with the ORGANISATION.
These Terms contain provisions which limit Our exposure to legal liability. Some of these provisions make You responsible for some acts, limit Your rights in law and confer obligations on You.
This Website is made available to You for certain purposes only and these are explained below. To the maximum extent permissible by law, We disclaim all warranties, whether express or implied, including without limitation to the implied warranties that the Website is fit for any purpose other than those specified in these Terms.
It is important that You familiarise yourself with these provisions before You access any products or services We provide and that You not access any products or services unless You agree to abide by these provisions.
By using this Website, You represent and warrant to Us that You -
- have the legal capacity to enter into a binding contract with the ORGANISATION;
- reside in Australia and are not prohibited from using this Website under the laws of Australia or another the country in which You may be considered a resident; and/or
- do not require the consent of a guardian or parent to competently agree to these Terms.
You must not reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit the material on this Website without Our prior written consent, except that You may view or print individual pages for Your own personal use.
Nothing contained on this Website should be construed as granting any licence or right to use the ORGANISATION name or any Trademark without Our prior written consent.
We provide this Website to You in good faith from sources We believe to be reliable and accurate, but We do not make any warranty as to its accuracy or completeness. This Website is intended to provide general (and not exhaustive or comprehensive) information regarding the ORGANISATION, Our products and services, and other general information which may be of interest to you.
You are urged to contact Us and speak to one of our appropriately qualified professionals to confirm all information contained on this Website before placing any reliance on it. In most cases a face-to-face consultation is required to provide you with information that is individual and relevant to you. We do not accept any liability for any acts or omissions resulting from Your decisions or opinions formed on the basis of Your use of this Website.
The general information on this Website, including all research, opinions or other content, is not intended to and does not constitute consulting or other professional advice or services.
Anything on this Website which relates to treatments, products, services, results, and risks will vary from person to person, and We strongly recommend that You take appropriate professional advice from a suitably qualified person before making any decision.
Please note that We have not necessarily disclosed all risks relating to the use of this Website, or all risks relating to the treatments, products, or services referred to in this Website. Any discussion of the risks associated with this Website, particularly with respect to any of the ORGANISATION’s treatments, products and services, should not be considered to be a disclosure of all risks or a complete discussion of the risks which are mentioned.
The Website is provided to You “as is” and “as available”. We do not guarantee that this Website will operate free of error or defect or that it is free from computer viruses or any other contaminating computer program. To the maximum extent permitted by law, the ORGANISATION , Our related bodies corporate, its directors, shareholders, agents, consultants and employees exclude all liability for Loss resulting from Your use of or inability to use this Website, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, tort or otherwise. You agree to indemnify the ORGANISATION from any Loss due to or arising out of Your use of the Website or Your breach of these Terms.
The ORGANISATION and its directors, employees or agents explicitly deny all liability to You, or any person or entity, for any decision made or action taken in reliance on the information contained in this Website or any related web pages, including liability for any consequential, special or other damages, even if advised of the possibility of such damage.
If You have rights in relation to the supply of products or services that cannot lawfully be excluded, to the maximum extent permitted by law, Our liability in respect of any such right is limited to the lesser of (a) the supply of the product or service again or (b) the payment of the cost of having them supplied again. If You have rights in relation to any information used by You as a consequence of Your use of this Website that cannot lawfully be excluded, to the maximum extent permitted by law, Our liability in respect of any such right is limited to the lesser of (a) the price paid by You for that information or (b) A$1,000.
The content within any of the ORGANISATION’s websites, advertisments, videos or any other published material is for general information and must not be construed as professional advice. Such advice may only be provided in a face-to-face consultation, following a comprehensive examination and/or diagnostic procedures as may be required, and carried out by appropriately qualified professionals.
All information provided in any form by Our staff and representatives, or displayed in Our advertisements, including (without limitation) references to procedures, results of treatment, timing of treatment and estimates of costs, is always subject to a comprehensive
Pictures, videos and other graphical representations
Any before and/or after pictures and/or videos and/or other graphical representations are examples only and You should not rely on them as an accurate representation of what may be achieved for You. Results and outcomes do vary from patient to patient.
Pictures or videos may not be an accurate comparison due to differences in composition, different hair and the presence of make-up and lipstick.
Statements & References
Any references as to the impact of a treatment (including but not limited to cosmetic, medical, dental or surgical procedures) on the life, function, comfort or beauty of a person are examples or subjective opinions that may have been based on the experience of some or most patients. Such references should not be generalized and You should not consider such references as being accurate representations or predictions of the effects or results of such or similar treatments provided to You, or of what Our clinicians might advocate for Your individual circumstances, concerns or desires.
Any references to the terms ‘Cosmetic Consultant’, Cosmetic Doctor’, 'Implantologist', ‘Implant Surgeon’, ‘Implant Dentist’, or references to exclusivity or specialization in specific procedures or areas of practice, stated or implied, are descriptive of types of services offered by qualified practitioners who have had post graduate training or special interest in a specific area, or they may be only indicative of a practitioner’s main area of practice. Such references do not represent any type of specialist registration in these areas as there are often no licensable specialty specific to these areas of practice, for example there is no licensable specialty in Australia that is dedicated to Dental Implants.
Any references to immediate or quick results are subject to suitability and must not be taken literally as being an accurate representations or predictions of the timeframe of such or similar products, treatments or other services when provided to You.
Any references to permanency or longevity are subject to factors that are individual for each patient and must not be taken literally as being an accurate representations or predictions of the permanency or longevity of such or similar products or treatments when provided to You.
Any reference to Sedation or General Anaesthetic are subject to assessment of your fitness to undergo such procedures. Sedation or General Anaesthetic may not be suitable or available for all patients who request it.
Unless otherwise stated, any reference to a “Session” is defined as a time period of a maximum of 25 minutes for a single Treatment Area below the neck and a maximum of 15 minutes for a single Treatment Area of the neck and above. Unless otherwise stated, a Treatment Area is specifically defined as a single area measuring a maximum of 10cmx10cm.
Whilst every effort is taken at your consultation to provide You with a definitive plan and/or appropriate recommendations, there may be situations during your course of treatment which require modification to that plan, preclude the ability to achieve immediate results, or require additional treatment. Your plan may also need modification depending on your progress and healing. These may affect the stated timeframe, results and overall cost to you.
Any fees or prices displayed in this Website are indicative only. The ORGANISATION and its affiliates reserve the right to change fees at any time and without notice, and do not guarantee the accuracy of any published fees at the time of attendance.
An appropriate itemised treatment plan and quotation often requires certain preliminary or diagnostic procedures which are at a cost that is additional to the cost of the consultation. In certain cases it may also require a team approach and consultation with certain other professionals at additional costs and resulting in a longer timeframe.
Individual discounts or special offers as published from time to time may not be combined with any other offer. Any valid discount or offer replaces all other existing offers/discounts for the same product or service.
All offers, treatments and contact with users, clients and patients are subject to The ORGANISATION’s separate Terms and Conditions of Trade, which are available upon request, and which may change from time to time.
Validation of special offers & advertised prices or discounts
Discounts or offers will only be honoured upon presentation of the relevant advertisement upon arrival for the appointment and prior to the consultation. Any online offers may be validated through a dated screenshot or dated printout.
Any offer may be cancelled or changed without notice, and it is the client’s responsibility to enquire about the validity of the offer at the time of making the relevant appointment.
Packages & extended payment plans
Eligibility for any extended terms, whether advertised or otherwise represented, are subject to an internal and external approval process. The ORGANISATION reserves the right to refuse finance or extended payment terms to any patient.
All treatments or services specified within a package or bundle must be completed within the specified time-frame, or within 18 months from commencement of the package, whichever is the sooner, after which time the balance of treatments will be forfeited by the patient without any entitlement to a credit or refund;
The treatments or treatment areas specified within a package may not be suitable for all patients. Where possible, The ORGANISATION will replace any treatment that it deems not suitable for the patient with other required treatment that the patient requests, and which is of a similar value.
You may stop or discontinue any bundle or package at any time, but in doing so you will forfeit certain benefits as follows:
- all discounts applied to the account in respect of both the package and the individual treatments within the package will be reversed; and,
- the costs of all treatments received by the patient will be recalculated at the full standard or retail rate; and,
- You will be liable for all outstanding amounts after the reversal of the discounts and recalculation of the individual treatments; and,
- where the account is in credit, the credit may not be claimed as a refund, but may be used to pay for products and or services at the standard or full retail cost, and only at the branch that holds the credit. Credits may not be transferred between branches.
All payments are due in full on the day of treatment, or the day specified on an approved payment plans or extended terms, and within the time frame specified therein. It is Your responsibility as the client or patient to ensure all payments to the ORGANISATION are cleared. Any payments that are late will be subject to the following:
- all discounts applied to the account will be reversed; and,
- You will be liable for all outstanding amounts after the reversal of the discounts; and,
- where the account is in credit, the credit may not be claimed as a refund, but may be used to pay for products and or services at the standard or full retail cost, and only at the branch that holds the credit. Credits may not be transferred between branches.
A deposit or pre-payment may be required for certain costly, complex or lengthy procedures at the discretion of the ORGANISATION.
Deposits are non-refundable. You may apply to the ORGANISATION for a partial or full refund where no costs have been incurred by the ORGANISATION and You provided at least 24 hours notice for each 30 minutes of time reserved for you. Any loss of revenue or costs that have resulted from the cancellation will be deducted from the refund.
Refunds of deposits are always at the sole discretion of the ORGANISATION.
Anaesthetic procedures are subject to additional fees, only a proportion of which may be claimed through Medicare. There is also a Facility Fee for the theatre use which cannot be claimed from Medicare or health fund.
Health Fund, Medicare Rebates or any kind of a refund, rebate, or offset offered by any third party, including government organisations, are not guaranteed or underwritten in any way by the ORGANISATION. You should confirm your personal entitlements with the relevant agency. Financial responsibility for the Products, Treatments or Services provided to You by the ORGANISATION is with You at all times irrespective of your expected entitlements from such third parties. Liability for any legal, administration or collection costs also lies with You.
Failure to attend an appointment or short notice cancellation of less than 24 hours for each 30 minutes of time reserved for You will result in a Cancellation Fee. The Cancellation Fee is a minimum of $100 for each 30 minutes of time reserved plus any costs that have been incurred in relation to your appointment or treatment.
The Cancellation Fee is payable within 7 days, otherwise You will also be liable for all legal, administration or collection costs.
We are committed to providing our patients with individual attention and predictable results whilst maintaining the highest standard. Nonetheless, we strive to remain competitive when it comes to the cost of the treatments that we offer at our clinics, and to be leaders in terms of value. To that effect, if we come across a cheaper fee from similarly experienced clinicians who use the same techniques, materials, equipment and medicines, and who work to the same quality standards, we will not only match or beat that price, but will revisit our pricing structure entirely.
We know that we offer the most competitive price for the type of treatments that we offer because with multiple facilities across Australia, we can and do pass the savings from bulk purchases to our patients.
The ORGANISATION will match any competitors price provided that:
- evidence of the competitors price is presented by the patient/client and validated by The ORGANISATION prior to the commencement of the treatment for which the price matching is claimed; and,
- the competitors price is for the same treatment performed by similarly experienced clinicians who use the same techniques, materials, equipment and medicines, and who work to the same quality standards.
The products, services, procedures or treatments described in this website, advertised or represented in any other way, may not be suitable for every patient and results do vary from person to person. An assessment by one of Our qualified professionals is required before any individual recommendations can be provided.
The ORGANISATION reserves the right to refuse any treatment that is deemed not suitable for You or any person requesting such treatment whether relying on the information contained in this Website or otherwise.
Every cosmetic, medical, dental and surgical procedure carries risks to the body, face, jaws and/or teeth and/or jaws, which must be carefully considered, and can also have a negative effect on Your general health, function, appearance or day- to-day activities. You should always seek a second opinion from other qualified professionals. Furthermore, procedural complications or unwanted effects may arise during the course of your treatment or use of Our products or services, which may require further treatment or hospitalisation, and which may affect the results, timeframe and overall cost to You.
Our clinician will explore your options and discuss your suitability and risks pertaining to any treatment or service that you choose to receive.
General risks include, but are not limited to:
- Post treatment discomfort, tenderness, swelling, redness, and/or bruising
- Discoloration of the skin and/or increased pigmentation or depigmentation;
- Post treatment bacterial, and/or fungal infection and a remote risk that this may become blood-born and require hospitalisation;
- Allergic reaction or reactivation of herpes (cold sores);
- Lumpiness, scarring, visible yellow or white patches
- Asymmetry or uneven appearance of the treated areas;
- Double vision or impaired vision;
- Nerve damage affecting movement and/or numbness
Risks specific to Dermal Fillers additionally include, but are not limited to lumpiness, granuloma formation, localized tissue necrosis and/or sloughing with or without scab, occlusion of a blood vessel, localized numbness, and/or blindness in extremely rare cases.
Risks specific to injections to reverse or dissolve dermal fillers include, but are not limited to unevenness and unpredictable or excessive removal of filler.
Risks specific to Threads additionally include, but are not limited to lumps and bumps, small concavities, gathering of the skin at the point of insertion, exposure or perforation through the skin, and bleeding.
Risks specific to Fat Dissolving Injections additionally include, but are not limited to Burning sensation and/or pain tenderness during or after treatment, noodle-like appearance which might be seen or felt and may require further treatment, severe bruising scarring or deep, painful knots under the skin.
Risks specific to Anti-Wrinkle or Botulinum Toxin Injections additionally include, but are not limited to unintended spread to adjacent muscles resulting in undesired temporary droopiness of lips or eyelids, weakened tear duct, flu-like symptoms, heaviness of the eyebrows, transient headache and localized numbness.
Risks specific to Radio-Frequency devices Injections additionally include, but are not limited to Erythema (redness) and/or Dryness, reduced thermal sensation, hypersensitive skin, or impaired blood flow, heat injury to the tissue surrounding a metal-containing IUD, although unlikely, skin burns or blisters may occur due to excessive exposure, and increased menstrual flow in women receiving treatment to the lower back, pelvic area or thighs.
Risks specific to Lasers and Intense Pulsed Light devices additionally include, but are not limited to redness, peeling, increased or loss of pigmentation of the skin, and dry or sensitive skin. There is also a risk to your eyes so it is critical that you wear and do not remove the fitted eye protection, and try to keep your eyes closed.
Risk of cancer: Certain lesions of the skin may be unassumingly cancerous or pre-cancerous. The type/nature of a mole may be difficult for the clinician to ascertain without a biopsy. Your recollection of the history of a mole can provide important information. If you have any raised or flat mole in the treatment area, which has changed in appearance/size; or, bleeds from time to time; or, looks like a sore that doesn’t heal, then you must bring this to the attention of your clinician immediately. The desirable effects of laser treatment in removing a pigmentated or raised lesion may also have the consequence of making the type/nature of a skin lesion more difficult to pick because of the visual or physiological changes that may occur to the mole / area.
Risks specific to Peri-oral surgery, including removal of Buccal Fat, additionally include, but are not limited to the following:
- swelling and bruising that may typically last 7 days. In some cases some bruising and swelling may last longer;
- Any surgery in and around the mouth, including removal of buccal fat pad, involves operating in proximity to vital structures, such as nerves, salivary ducts, glands, and blood vessels. Whilst your surgeon will take great care and precaution, some of the structures may not be readily visible and the surgery may result in nerve damage, haematoma (blood clot in deep tissues) or interference with salivary flow. A Haematoma usually resolves with time as it is slowly removed by the body, but whilst present it may become infected requiring additional surgical or non-surgical intervention;
- Nerve damage causing numbness or sensory changes to the skin or oral mucosa, or paralysis (lack of movement) of certain muscles of the face. These complications are rare and if they occur are usually of a transient nature, but occasionally they can also be prolonged or permanent;
- Whilst all care is taken in to achieve a symmetrical outcome in removal of fat from the cheek, or with other surgery around the mouth, there may still be some resultant asymmetry. There may also be changes with age such as hollowing, or persistent scarring;
- In rare cases, pain or other symptoms may continue beyond the post-operative healing phase. This may be associated with complications of surgery, neuralgia, triggering of dormant pre-existing conditions, jaw joint dysfunction, grinding or clenching of the teeth, psychosomatic disturbances or other causes.
You should be aware that there may also be risks other than those mentioned in these Terms, as well as a risk of the unknown. Certain post treatment complications may require referral to other medical / dental specialists, additional surgery or treatment at a suitable pain management clinic or additional surgery at additional costs to you.
Save and except for Statutory warranties, to the extent permitted by law the ORGANISATION or its directors, employees or agents provide no guarantees of any kind, express or implied, including but not limited to a guarantee of performance, merchantability and fitness for a particular purpose.
Any stated or implied guarantees are always those provided by third parties to the ORGANISATION, not directly to You, and are subject to additional terms and conditions. The ORGANISATION does not underwrite their performance in any way, and the third parties have no obligation to You in any way.
Your attention is drawn to the fact that information transmitted via the Internet or via any form of Electronic Communication is susceptible to monitoring and interception. You will bear all risk of transmitting information in this manner. We are not liable for any Loss suffered by you, and You waive any claims You may have for any Losses You may suffer as a result of transmitting information to us in this manner. We reserve the right to request independent verification of any information transmitted via the Internet or via any form of Electronic Communication.
Please be aware that any unsolicited confidential or proprietary information sent to the ORGANISATION via the Internet or via any form of Electronic Communication cannot be guaranteed to remain confidential. If You need to send Us such information and are concerned about the security of this information, please contact Us and We will advise You of the most appropriate method of transmission.
This Website may contain links to Third Party Websites. These links are provided solely for Your convenience (such as to enable you to obtain further information on other products in the market). We make no representations and provide no warranties regarding the accuracy or suitability of, and accept not responsibility or liability on, anything You obtain via these Third Party Websites. You are advised to make your own enquiries in relation to Third Parties described or linked to this Website. Inclusion of a link to a Third Party Website should not be construed as that Third Party's endorsement of this Website or vice versa.
By linking to Third Party Websites, We are not authorising the reproduction of any material on such sites, as such material may be the subject of IP rights of Third Parties.
Some of the software programs that may be downloaded through Third Party Websites from this Website are products belonging to Third Parties. The use of such Third Party software is at Your own risk. Such software is likely to be subject to licensing terms imposed by the owner of that software. To the maximum extent permitted by law, We exclude all liability in relation to using or downloading any software (Third Party or otherwise) that may be accessed from this Website.
We make no representations and provide no warranties in relation to such software. In particular, to the maximum extent permitted by law, We exclude all liability for any Loss or damage (including, without limitation, loss of data, interruption to business and loss of profits) resulting from viruses or other consequence of using or downloading any software (Third Party or otherwise) accessible through this Website.
A word about cookies
Information about Your access to this Website
The ORGANISATION and any company or individual connected to the ORGANISATION (including any directors and employees) may have a position or interest in any product or service We mention on this Website.
- disclose to a Third Party any user name and password We have issued to You;
- take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent Your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the Website;
- submit any person’s personal information to the Website without that person’s informed consent to do so;
- gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the Websites to collect or attempt to collect personal information about Third Parties without their knowledge or consent;
- violate the privacy of any person or attempt to gain unauthorised access to the Website or any other network, including (without being limited to) through hacking, password mining or any other means;
- use the Website to Post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries pornography (including child pornography), religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights or any nature or of any description;
- create a link from Your website to our Website if Your website contains anything (aimed at Us or a Third Party) which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries pornography (including child pornography), religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights or any nature or of any description;
- create a link from Your website to this Website if Your website contains material that disparages Us or Our products or services;
- copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the Website’s source code or any part thereof, unless this is expressly permitted or required by law, or unless We have granted You written consent to do so;
- use the Website in any manner which could damage, impair, overburden or disable the Website or interfere with any other User’s Website use;
- use the Website to Post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
- use the Website to make fraudulent offers to sell or buy products, items or websites or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";
- use the Website in a manner that may infringe upon the IP rights or other proprietary rights of others; and/or - otherwise use the Website to engage in any illegal or unlawful activity.
If we determine in our sole discretion that You have engaged in any one or more of the above practices, then We are entitled, without prejudice to any other rights We may have, to:
- without notice, suspend or terminate Your Website use;
- hold You liable for any costs We incur as a result of Your misconduct; and/or
The Terms will continue to apply until either We or You terminate these Terms on the one or more of the following grounds.
- You may terminate these Terms at any time by deleting Your profile and ceasing Your use of the Website entirely.
- We may terminate these Terms or Your use of the Website (including removing Your link if you have created one to Your website) at any time if:
o You have breached any provision of the Terms (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with, the provisions of the Terms);
o We are required to do so by law (for example, where the provision of the Website to You is, or becomes, unlawful); or
o We are of the opinion that the provision of the Website is or becomes no longer commercially viable.
Any provisions of these Terms which are intended to survive termination will survive accordingly.
If You are of the view that Your rights have been infringed through unlawful Website use by Users or Third Parties, You may address a complaint to the ORGANISATION which satisfies the following requirements and/or sets out the following information:
- the full names and address of the complainant;
- the written or electronic signature of the complainant;
- identification of the right that has allegedly been infringed;
- identification of the material or activity that is claimed to be the subject of unlawful activity;
- the remedial action requested to be taken by the Us in respect of the complaint;
- telephonic and electronic contact details, if any, of the complainant;
- a statement that the complainant is acting in good faith;
- regarding any requests to take down information, a statement by the complainant that the request to take down is based on knowledge of the complainant to be true and correct.
Please address your complaint to:
If any provision of the Terms is invalid, void or unenforceable, all other provisions which are capable of separate enforcement without regard to an invalid, void or unenforceable provision are and will continue to be of full force and effect in accordance with their terms.
In these Terms, headings are for convenience and We do not intend for them to be used to interpret the Terms.
Unless the context specify otherwise, references to persons or entities include natural persons, bodies corporate, partnerships, trusts and unincorporated associations of persons, and the singular includes the plural and vice versa.
These Terms are governed and interpreted in accordance with the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia for determining any dispute concerning these Terms.
“ORGANISATION ’s Associates” means the officers, servants, agents or contractors or other persons of the ORGANISATION and the ORGANISATION in respect of whose actions the ORGANISATION may be held to be vicariously liable;
“Electronic Communication” means any text, voice, sound, image or video message sent over an electronic communications network which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient or on the recipient’s behalf; unless We require otherwise, electronic signatures, encryption and/or authentication are not required for Our Electronic Communications to be valid;
“IP” is the abbreviation for intellectual property and means, collectively, the patents, copyrights (and moral rights), Trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same); any reference to Our IP means IP which We own, license, use and/or hold (whether or not currently) in relation to the Website;
“Know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods We use in connection with the Website, as well as, all available information regarding marketing and promotion of the products and services described in these Terms, as well as all and any modifications or improvements to any of them;
“Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees as between solicitor and own client, tracing and collection charges, costs of investigation, interest and penalties);
“Post” means to upload, publish, transmit, share or store;
“Terms” means these Website Terms and Conditions, as amended from time to time;
“Third Party” means parties other than You and ORGANISATION (“Third Parties” shall have a corresponding meaning);
“Third Party Websites” means websites other than the Website and which are operated or controlled by Third Parties;
“Trademarks” means those trademarks the ORGANISATION owns (or which We are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which We own or have the right to use or any derivative service offerings of, and applications for, any of same;
“use” means visit, access or load the Website in a web browser, mobile phone or similar software application or device or otherwise engage with the Website, and it also means copy, download, distribute, display, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate such any content of the Website.
“User” and “You” means anyone who registers with and/or uses the Website (“Users” and “Your” have corresponding meanings);
“Website” means the website located at or accessed through the Website URL as well as other of the ORGANISATION’s domains as may be available from time to time, and a reference to Website includes all content (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which You may have access to through the use of the Website.