ZS Camouflage Pty Ltd – Terms & Conditions of Trade
1.1 “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Consultant to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and: (a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a partnership, it shall bind each partner jointly and severally; and
(c) if the Client is a part of a trust, shall be bound in their capacity as a trustee; and
(d) includes the Client’s executors, administrators, successors and permitted assigns.
1.2 "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.3 “Consultant” means ZS Camouflage Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of ZS Camouflage Pty Ltd.
1.4 “Contract” means the terms and conditions contained herein, together with any invoice or other document or amendments expressed to be supplemental to this Contract.
1.5 “Fee” means the price payable (plus any GST where applicable) for the Services as agreed between the Consultant and the Client in accordance with clause 6 of this Contract.
1.6 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
1.7 “Services” means all Services (including, but not limited to, any goods, documents, designs, drawings or materials supplied, consumed, created or deposited incidentally by the Consultant in the course of it conducting, or supplying to the Client, any Services) supplied by the Consultant to the Client at the Client’s request from time to time.
2. The Commonwealth Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)
2.1 Nothing in this Contract is intended to have the effect of contracting out of any applicable provisions of the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
2.2 Where the Client purchases Services as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
2.3 Liability of the Consultant arising out of any one incident whether or not there has been any declaration of value of the Services, for breach of warranty implied into these terms and conditions by the CCA or howsoever arising, is limited to any of the following as determined by the Consultant:
(a) rectifying the Services; or
(b) providing the Services again; or
(c) paying for the Services to be provided again.
2.4 If the Consultant is required to rectify, re-provide, or pay the cost of re-providing the Services under clause 2.3 or the CCA, but is unable to do so, then the Consultant may refund any money the Client has paid for the Services but only to the extent that such refund shall take into account the value of Services which have been provided to the Client which were not defective.
3.1 The Client acknowledges and agrees that:
(a) they have read and understood the terms and conditions contained in this Contract; and
(b) the Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of any Services.
3.2 Further to clause 3.1 any instructions received by the Consultant from the Client for the provision of treatments (including the making of an appointment with the Consultant) and/or the Client’s acceptance of treatments provided by the Consultant shall constitute acceptance of the terms and conditions contained herein.
3.3 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
3.4 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
3.5 The Client acknowledges and accepts that:
(a) this Contract forms a legally binding contract under applicable law, and as such, the Client warrants that they are at least eighteen (18) years of age at the time of entering in this Contract, and that they are of full legal capacity. In the event the Client is under this age, the Consultant shall require the details (and acceptance of this Contract) of at least one parent and/or guardian, who will take full responsibility for the Client and guarantee the Client’s obligations are met, including payment of the Fees;
(b) they cannot donate blood for four (4) months after the treatment date;
(c) they may require follow up sessions between eight (8) to twelve (12) weeks after treatment to achieve desired results (Perfection Visits); and
(d) all follow up visits are half price of the first original paid price.
3.6 Unless otherwise agreed, the Client consents to the:
(a) use of Topical Anaesthetics containing Lidocaine and Epinephrine; and
(b) Consultant taking “before and after” photographs of any Services provided.
4. Medical Questionnaire
4.1 The Client must, prior to using the Services, complete the Medical Questionnaire. The Consultant reserves the right to suspend or terminate this Contract:
(a) until such time as the Medical Questionnaire is completed; or
(b) if the Consultant is of the reasonable opinion that the Client is not suitable to undertake any Services offered by the Consultant.
5. On-Line Ordering 5.1 The Client acknowledges and agrees that:
(a) the Consultant does not guarantee the website’s performance;
(b) display on the website does not guarantee the availability of any particular Services; therefore, all orders placed through the website shall be subject to confirmation of acceptance by the Consultant;
(c) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;
(d) there are inherent hazards in electronic distribution, and as such the Consultant cannot warrant against delays or errors in transmitting data between the Client and the Consultant including orders, and you agree that to the maximum extent permitted by law, the Consultant will not be liable for any losses which the Client suffers as a result of online-ordering not being available or for delays or errors in transmitting orders;
(e) when making a transaction through the website, the Client’s information will pass through a secure server using SSL (secure sockets layer) encryption technology or any other similar technology as disclosed by the Consultant and/or displayed on the website. The encryption process ensures that the Client’s information cannot be read by or altered by outside influences; and
(f) if the Client is not the cardholder for any credit card being used to pay for the Services, the Consultant shall be entitled to reasonably assume that the Client has received permission from the cardholder for use of the credit card for the transaction.
5.2 The Consultant reserves the right to terminate the Client’s order if it learns that you have provided false or misleading information, interfered with other users or the administration of the Consultant’s business, or violated these terms and conditions.
6. Fee and Payment 6.1 At the Consultant’s sole discretion, the Fee shall be either:
(a) as indicated on invoices provided by the Consultant to the Client in respect of treatments provided; or
(b) the Consultant’s specified Fee as applicable to the individual Services offered to and accepted by, or on the behalf of, the Client which are only valid for three (3) months from the date when they are first offered to the Client and are subject to a Fee review if the Client wishes to accept any Services after that period.
6.2 The Client acknowledges and accepts and that the Consultant shall be entitled to vary the Consultant’s Fee where the Client requests any change to the Services which are to be provided by the Consultant, or where the Consultant is required to revise the Fee due to circumstances beyond the reasonable control of the Consultant (in which event the Consultant undertakes to immediately advise the Client revised Fees before the provision of any further Services).
6.3 At the Consultant’s sole discretion, a non-refundable one-hundred-dollar ($100.00) deposit will be required to secure all bookings and cannot be transferred to any other Services. The Client acknowledges and accepts that “no shows” or re scheduling within seventy-two (72) hours will result in a loss of deposit and a booking ban unless otherwise agreed or a full payment is paid prior to any future bookings made.
6.4 Time for payment for the Services being of the essence, the Fee will be payable by the Client on the date/s determined by the Consultant, which may be:
(a) on or before delivery of the Services;
(b) by way of instalment payments in accordance with the Consultant’s payment schedule;
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Consultant.
6.5 The Client shall not be entitled to set off against, or deduct from the Fee, any sums owed or claimed to be owed to the Client by the Consultant nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Client must notify the Consultant in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as the Consultant investigates the dispute claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in the Consultant placing the Client’s account into default and subject to default interest in accordance with clause 9.1.
6.6 Unless otherwise stated the Fee does not include GST. In addition to the Fee the Client must pay to the Consultant an amount equal to any GST the Consultant must pay for any supply by the Consultant under this or any other agreement for providing the Consultant’s Services. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Fee. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Fee except where they are expressly included in the Fee.
6.7 The Client acknowledges and agrees that the Client’s obligations to the Consultant for the provision of Services shall not cease until:
(a) the Client has paid the Consultant all amounts owing for the particular Services; and
(b) the Client has met all other obligations due by the Client to the Consultant in respect of all Contracts between the Consultant and the Client.
6.8 Receipt by the Consultant of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Consultant’s ownership or rights in respect of the Services, and this Contract, shall continue.
7. Provision of the Services 7.1 The Client acknowledges and accepts that the appointment time allocated is booked and exclusively saved for the Client and in the event that the Client arrives late for the scheduled Services then the Consultant reserves the right to:
(a) shorten the appointment in order to accommodate their next client; and
(b) charge the full Fee for the scheduled appointment unless otherwise agreed.
7.2 The Consultant may provide the treatments by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
7.3 Any time or date given by the Consultant to the Client is an estimate only. The Client must still accept delivery of the Services even if late and the Consultant will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.
8. Risk 8.1 The Client acknowledges and accepts that:
(a) the Services provided are for cosmetic purposes only and that any medication or skin tone may affect the colour therefore the Consultant cannot guarantee that the optimal result will be obtained:
(b) any colour applied may vary as the Client’s skin heals; and
(c) it is the Client’s responsibility:
(i) to abide by any instructions or recommendations as stated on the aftercare advice sheet which will be provided to the Client by the Consultant on completion of the Services; and
(ii) for the “at home care” and that only the aftercare products are to be used as recommended on the aftercare advice sheet to prevent any risk of infection and/or fading of pigments. The Consultant will not be liable for any damages to the Services where the Client has failed to adhere to this clause.
8.2 The Consultant shall exercise reasonable skill, care and diligence in the performance of the Services however the Client hereby understands and acknowledges that:
(a) whilst every attempt is made to ensure that the Services provided by the Consultant are safe, there are some risks involved. The Client agrees that they are using the Services voluntarily at their own risk and responsibility, and assumes all risk associated therewith; and
(b) it is the Client’s responsibility to:
(i) ensure they are capable of receiving any Services being provided by the Consultant; and
(ii) discuss/communicate any relevant health or medical concerns, including physical and psychological, (now or after entering to this Contract) that might conflict with the use of any Services, with the Consultant and a doctor prior to receiving those Services.
(c) the Consultant is not responsible for the provision of any medical advice before, or after, the Client’s use of the Services.
8.3 The Client hereby represents to the Consultant that, to the best of their knowledge, they do not have any physical, medical or other which may be affected or aggravated by, or which may result in any sickness, injury or death to the Client as a result of, the Client’s use of the Services.
8.4 The Client agrees to release and indemnify the Consultant from any responsibility, liabilities, demands, or claims of any kind arising out of the Client’s use of the Services.
9. Default and Consequences of Default
9.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Consultant’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
9.2 If the Client owes the Consultant any money, the Client shall indemnify the Consultant from and against all costs and disbursements:
(a) incurred; and/or
(b) which would be incurred and/or
(c) for which by the Client would be liable;
in regard to legal costs on a solicitor and own client basis, internal administration fees, the Consultant’s contract fees owing for breach of these terms and conditions’, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.
9.3 Further to any other rights or remedies the Consultant may have under this Contract, if a Client has made payment to the Consultant, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Consultant under this clause 9 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
10.1 Without prejudice to any other remedies the Consultant may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Consultant may suspend or terminate the supply of Services to the Client. The Consultant will not be liable to the Client for any loss or damage the Client suffers because the Consultant has exercised its rights under this clause.
10.2 The Consultant may cancel any contract to which these terms and conditions apply or cancel delivery of the Services at any time before the Services are delivered by giving written notice to the Client. On giving such notice the Consultant shall repay to the Client any money paid by the Client for the Services. The Consultant shall not be liable for any loss or damage whatsoever arising from such cancellation.
10.3 The Consultant requires no less than seventy-two (72) hours’ notice that the Client wishes to either cancel or reschedule an appointment (notice shall not be accepted if given on weekends or public holidays). Appointments cancelled with less than the required notice will (at the Consultant’s sole discretion) result in any deposit paid being forfeited and the Client shall be liable for all losses incurred (whether direct or indirect) by the Consultant as a direct result of the cancellation (including, but not limited to, any loss of profits).
10.4 The Client acknowledges and accepts that if they fail to show up for the scheduled appointment without notice that any deposit paid shall be forfeited.
10.5 The Consultant shall where reasonable possible send the Client a courtesy reminder via Short Message/Messaging Service (“SMS”) to the Client’s mobile prior to the scheduled appointment, however, in the event that the Client does not receive a reminder it remains the Client’s responsibility to attend or reschedule the appointment within the prescribed timeframe.
10.6 Further to clause 10.5 it is the Client’s responsibility to confirm the scheduled appointment, failure by the Client to adhere to this clause may be subject to cancellation and the provisions of clause 10.3 will apply.
11.1 All emails, documents, images or other recorded information held or used by the Consultant is Personal Information, as defined and referred to in clause 11.3, and therefore considered Confidential Information. The Consultant acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The Consultant acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Clients Personal Information, held by the Consultant that may result in serious harm to the Client, the Consultant will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
11.2 Notwithstanding clause 11.1, privacy limitations will extend to the Consultant in respect of cookies where the Client utilises the Consultant’s website to make enquiries. The Consultant agrees to display reference to such cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
(a) IP address, browser, email client type and other similar details;
(b) tracking website usage and traffic; and
(c) reports are available to the Consultant when the Consultant sends an email to the Client, so the Consultant may collect and review that information (“collectively Personal Information”)
11.3 The Client agrees for the Consultant to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Client in relation to credit provided by the Consultant.
11.4 The Client agrees that the Consultant may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two years.
11.5 The Client consents to the Consultant being given a consumer credit report to collect personal credit information relating to any overdue payment on commercial credit.
11.6 The Client agrees that personal credit information provided may be used and retained by the Consultant for the following purposes (and for other agreed purposes or required by):
(a) the provision of Services; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Services.
11.7 The Consultant may give information about the Client to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Client including credit history.
11.8 The information given to the CRB may include:
(a) Personal Information as outlined in 11.3 above;
(b) name of the credit provider and that the Consultant is a current credit provider to the Client;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults (provided the Consultant is a member of an approved OAIC External Disputes Resolution Scheme), overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and the Consultant has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of the Consultant, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
11.9 The Client shall have the right to request (by e-mail) from the Consultant:
(a) a copy of the Personal Information about the Client retained by the Consultant and the right to request that the Consultant correct any incorrect Personal Information; and
(b) that the Consultant does not disclose any Personal Information about the Client for the purpose of direct marketing.
11.10 The Consultant will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
11.11 The Client can make a privacy complaint by contacting the Consultant via e-mail. The Consultant will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.
12. Compliance with Laws
12.1 The Consultant shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
13.1 Each party agrees to treat all information and ideas communicated by the other party confidential and each agrees not to divulge it to any third party, without the other party's written consent.
13.2 Either party must promptly return or destroy all Confidential Information of the other party in its possession or control at the other party’s request, unless required by law to retain it.
13.3 Confidential Information excludes information:
(a) generally available in the public domain (without unauthorised disclosure under this Contract); or
(b) required by law, any stock exchange or regulatory body to be disclosed; or
(c) received from a third party entitled to disclose it; or
(d) that is independently developed.
13.4 The obligations of this clause 13 shall survive termination or cancellation of this Contract.
14.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New south Wales and are subject to the jurisdiction of the courts in that state.
14.3 The Consultant shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Consultant of these terms and conditions (alternatively the Consultant’s liability shall be limited to damages which under no circumstances shall exceed the Fee of the Services).
14.4 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party.
14.5 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.
14.6 The rights and obligations of the parties will not merge on completion of any transaction under this Contract, and they will survive the execution and delivery of any assignment or other document entered, for the purpose of, implementing any transaction under this Contract.
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