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WEBSITE TERMS

 

Welcome to our website, we encourage you to look around.

Please note this website is owned and operated by Skincare Academy Pty Ltd ABN: 186 550 630 04 (we, us, our). It is available at www.skincareacademy.com.au/websiteterms and may be available through other addresses or channels.

Consent:
By using our website you agree to be bound by these Website Terms of Use (Terms) and our Privacy Policy (as may be amended from time to time). Please read these Terms carefully and immediately cease using our website if you do not agree to them. If you breach any of the Terms, you are prohibited from continuing to use the website.

Age:
Any persons using this website for the purpose of purchasing any services or products offered on this website at any time must be at least 18 years of age or accompanied by a legal guardian.

Variations:
We may from time to time update or otherwise vary these Terms and any such changes will be posted to this website. Please visit this website regularly to ensure you are up to date with our current terms. Materials and information on this website are subject to change without notice. We do try to keep the Content of our Site up-to-date however we are not liable if any Content is inaccurate or out-of-date.

Licence to our website:
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our website in accordance with these Terms. All other uses are prohibited without prior written consent.

Personal use only:
Our website is for your personal, non-commercial use only. You must not use our website, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Exclusion of competitors:
You are prohibited from using our website, including the content, in any way that competes with our business.

Prohibited conduct:
You must not do or attempt to do anything that is: unlawful; prohibited by any laws applicable to our website; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

a.  Anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
b.  using our website to defame, harass, threaten, menace or offend any person;
c.  Interfering with any user using our website;
d.  tampering with or modifying our website, knowingly transmitting viruses or other disabling features, or damaging or interfering with out website, including (without limitation) using trojan horses, viruses or privacy or programming routines that may damage or interfere with our website;
e.  using our website to send unsolicited email messages; or
f.  facilitating or assisting a third party to do any of the above acts.

Our Content:
The Content is not comprehensive and is for general information and educational purposes only. It does not consider your individual or specific needs, objectives or circumstances, and it is not professional advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights:
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our website and all of the Content. Your use of our Website and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our website or the Content. You must not, without our prior written consent (which may be withheld in our discretion):
copy or use, in whole or in part, any Consent;
Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our website or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

In certain circumstances we may be willing to let you reproduce or share some of our website content if you ask for permission via email at¬†[email protected].

User Content:
If from time to time we allow you to post, upload, publish, submit or transmit relevant information and content (User Content) on our website, you do so subject to these Terms. By making available any User Content on or through our website, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our website.

You agree that you are solely responsible for all User Content that you make available on or through our website. You represent and warrant that:

a.  you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

b. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our website will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites:
Our website may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites or the availability of those websites. The links are provided solely for your reference and convenience. You should make your own investigations with respect to the suitability of those websites for your purpose or needs.

Affiliate links:
It is noted that the Skincare Academy Pty Ltd will be sharing third party affiliate links within this website. The Skincare Academy can receive a commission from these shareable affiliate links when the website user purchases the recommended product/service.

Warranties and disclaimers:
To the maximum extent permitted by law, we make no representations or warranties about our website or the Content, including (without limitation) that:

a.  they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

b.  access will be uninterrupted, error-free or free from viruses; or

c.  our website will be secure.

You read, use and act on our website and the Content at your own risk.

Medical disclaimer:
The Content in our website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health providers with any questions you may have about a medical condition or regarding your physical or mental health and wellness. Never disregard professional medical advice or delay in seeking it because of something you have read on our website. If you experience any pain or difficulty with exercise or diet, stop and consult your healthcare provider. If you think you may have a medical emergency, call your doctor or 000 immediately.

Quiz:
The use of a quiz on this website is for educational and marketing purposes only. This quiz is not a medical diagnosis, if you require a medical diagnosis you need to see a licensed general practitioner. Alternatively if you wish to treat the cause of your acne, you will be required to participate in our online course - Acne to g l o w. Included in the Acne to g l o w price is one thirty minute private Naturopathic zoom appointment.  In this private appointment, you will be able to discuss the cause and holistic treatment of your acne with an Acne Naturopath. This quiz provides an insight to the root cause of acne but can not be used as a medical diagnosis. 

Limitation of liability:
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our website and/or the Content and/or any inaccessibility of, interruption to or outage of our website and/or any loss of corruption of date and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity:
To the maximum extent permitted by law, you must indemnity us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer to incur any Liability before enforcing a right of indemnity under these Terms.

Cookies:
This website may use cookies to monitor browsing preferences. By using our website or by agreeing to these Terms, you consent to our use of cookies in accordance with the terms of our Privacy Policy (available on our site here).

Discontinuance:
We may, at any time and without notice to you, discontinue our website, in whole or in part. We may also exclude any person from using our website, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Termination:
These Terms are effective until determined by us, which we may do at any time and without notice to you.. In the event of termination, all restrictions imposed on you by these Terms and limitation of liability set out in these Terms will survive.

Severance:
If any provision of these Terms is held by a competent authority to be invalid or unenforceable or otherwise become illegal, in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.

No waiver:
Neither the failure by us nor your failure to enforce any part of these Terms constitutes a waiver of such Terms. Such failure will in no way affect the right to later enforce a part of these Terms.

Jurisdiction:
Your use of our website and these Terms are governed by the laws of Queensland. Any dispute arising out of your use of the website or the Content shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

Our website may be accessed throughout Australia and overseas. We make no representation that our website complied with the laws (including intellectual property laws) of any country outside Australia. If you access our website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction in which you access our website.

For any questions and notices, please contact us at:

Skincare Academy Pty Ltd (ABN: 186 550 630 04)
Mooloolaba, Queensland, Australia, 4557.
[email protected]

 

TERMS OF SALE

 

GENERAL TERMS

These terms and conditions, including these General Terms and the Specific Terms in the Annexure (together the¬†‚ÄėTerms‚Äô) apply to every client¬†(client, you or your)¬†who uses our information, or purchases or uses Products and/or Services from the Skincare Academy Pty Ltd (ABN: 186 550 630 04) and its contractors, employees, related entities, successors and assigns¬†(we, us, our).

To the extent of any inconsistency in these Terms, the Specific Terms prevail over the General Terms.

DEFINITIONS
Capitalised words in these Terms have the meaning given below.

Business means: our online Naturopathic clinic/Educational platform, includes our dispensary, apothecary, online courses and associated online store available at our website www.skincareacademy.com.au (Website).

Products means:
Online course, Affiliate product, Individually made Herbal Medicine, Practitioner only Products and Retail Products. Health, skincare and beauty related products sold online available through our website including without limitation herbs, tonics, supplements, nutraceuticals, homeopathic preparations, flower essences, food and beverage products, cosmetics, skin care products, baby and pregnancy related goods, books, e-books, educational materials other associated products that we make available for our clients to use and/or purchase from us from time to time.

Services means:
Online consultations with our naturopaths, nutritionists, herbal medicine practitioners or other healthcare practitioners (Consultations) and provision of detailed and personalised treatment plans (Treatment Plans) recommendations, advice, suggestions or proposed actions, both in general and specific to your personal information and other associated services that we may provide to our clients from time to time.

Please read these Terms carefully. By using our Products and Services, you agree to be bound by these Terms, as well as our Privacy Policy and our Website Terms of Use (collectively our Documents), which are available on our website and upon request. These Documents govern the legal relationship between you and us in connection with your use of our Products and Services.

In purchasing and/or using our Products and Services, you warrant that you have had sufficient opportunity to access these Terms and contact us, and that you have read, accepted and will comply with our Terms and that you are 18 years or older. If you are under 18 years of old, you must get your parent or legal guardian to read these terms and agree to them for you. If you (or your parent/guardian) do not agree to these Terms, you must stop using our website and/or our Products and Services.

FEES AND PAYMENTS
Fees: We will inform you of our fees upon request, at time of booking or point of purchase. By continuing to engage us to provide the Services, or by purchasing our Products you agree to pay the required fees, including without limitation any applicable postage and delivery fees (for Products) notified to you, or any cancellation or failure to attend fees (for Services) as set out in these Terms. We will provide you with an invoice for fees charged by us for our Products and Services.

Prices: Unless indicated otherwise, all of our prices for our Products and Services are in Australian dollars. All prices are subject to change with notice. Except as otherwise provided in these Terms, prices for items in an order are fixed once your order has been confirmed.

GST: If and when applicable, Australian Goods and Services Tax (GST) (or an equivalent or replacement goods and services tax) is payable on our Products and Services and if payable, will be set out on our invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.

Payments: Unless otherwise indicated on the invoice or agreed by us in writing, all fees must be paid at the time you place an order (for Products) in full or with the initial payment within the agreed payment plan. All fees must be paid in full at the time you book or receive a Service outside of the included services within any of our online courses. See the attached Annexures for specific details regarding payment plans for different Products and Services. We accept payments via Paypal, credit card, bank transfer and EFTPOS. We accept all credit cards.

REFUND POLICY: The Skincare Academy Pty Ltd does not offer any refunds due to the digital nature of our online courses and the instant access to digital downloadable resources in full at the time of purchase, which is why there is to be no refunds under any circumstances. It is entirely up to you and your commitment to implement all the lessons, learning strategies and treatment plans, to see results. Please note we also do not offer a refund for any of our digital Products or Services if you simply change your mind. Please see the attached Annexures for specific details regarding our refund policy for different Products and Services.

DISCLAIMER AND LIMITATION OF LIABILITY
Products and Services: It is your responsibility to ensure that any Product or Service meets your specific and individual requirements. Before purchasing Products from us or engaging us to provide the Services to you, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, including from your primary care physician, counsellor or other healthcare providers where necessary or desirable.

Disclaimer: During the course of providing Products and Services to you, we may give you personalised advice, within the scope of our practice, based on your health goals, pathology & functional testing results and health history. We recommend that you share details of any Treatment Plan we provide, including prescribed supplements, skincare products and lifestyle recommendations, with your primary care physician or other relevant healthcare providers and discuss the recommendations made by us before undertaking any such recommendations. You are at all times solely responsible for any actions you take, or do not take, as consequence of the recommendations we make to you, and you will hold us and our officers, employees, contractors and representatives, harmless against all losses, costs and expenses in this regard, subject to what is set out below.

General: Subject to the provisions of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) and to the fullest extent permitted by law, we exclude express or implied representations, conditions, warranties, guarantees, terms and similar, relating to these Terms, and any Products or Services supplied by us.

Australian Consumer Law: Certain provisions of the Australian Consumer Law and other statutes, rules and regulations may imply certain non-excludable terms, warranties or conditions for consumers including consumer guarantees (Non-Excludable Conditions). To the extent such conditions cannot be excluded, they are included in these Terms. Our liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

Limitation of liability: Except for liability in relation to breach of Non-excludable Condition, and to the extent permitted by law, we exclude all liability whatsoever for any loss or damage of any kind including any indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of business profits, use, goodwill, data or other intangible losses, cost of procurement of substitute goods or services, or any other special, indirect, or consequential damages (even if we have been advised of the possibility of such damages) however caused (including negligence) arising out of or in any way connected with the Products and Services.

No Guarantee of Outcomes: We do not make any guarantees or representations as to results or outcomes (including, for example, cure of a particular disease or resolution of any symptom or condition etc.) as a result of using our Products and Services and/or following our advice or recommendations.

INDEMNITY
You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms or the Documents; (iii) any misuse of the Products or Services; (iv) or breach of other laws from or by you.

DISPUTES
You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Products and Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our website, information posted on our website by us and our Products, Services and Treatment Plans. Your use of our Products and Services, and your submission of personal information to us, including your health information, does not grant or transfer to you any rights, title or interest in relation to our website or the Products and Services whatsoever.

CONFIDENTIAL INFORMATION
Your use of the Products and Services is for personal purposes only. You agree not to distribute, publish, duplicate, copy, create, sell or share portions or all of the Products and Services, use the Products or Services for any commercial purposes or for your own financial gain. You also understand that certain Products and Services (for example e-books or other educational materials written by us) may contain information deemed as confidential by us and you agree not disclose this information without our permission and written consent (which may be withheld in our absolute discretion). We note, this limitation does not include sharing details of your Treatment Plan, recommendations or test results with your primary care physician or other relevant healthcare providers, which we recommend that you do.

GENERAL
Modifications: We reserve the right to amend in any way we see fit our Products and Services and the Terms under which the Products and Services are offered, including but not limited to the fees of our Products and Services and our refund policy, without prior notice to you. These amended terms will be made available to you on our Site or upon request. You agree that by continuing to use our Products and Services after the date of any amendment to the Terms you are agreeing to the relevant amendments.

Delays: You acknowledge and agree that we are excused from supplying our Products and Services, and other obligations and will not be responsible for any delays where, and so long, as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration.

Severance: If any provision of these Terms is held by a competent authority to be invalid or unenforceable or otherwise becomes illegal, in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.

No waiver: Neither the failure by us nor your failure to enforce any part of these Terms constitutes a waiver of such Terms. Such failure will in no way affect the right to later enforce a part of these Terms.

Notices to you: We may notify you by email, via a general notice on our website www.skincareacademy.com.au or by another reliable method to an address or using contact information previously provided by you.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Restricting Access: We reserve the right to restrict or terminate your access to our Services or our website at any time without notice and we can refuse to sell our Products to you if we choose to do so.

Privacy: We take our obligations of privacy very seriously and comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988(Cth). Our Privacy Policy available here sets out the manner in which we treat your personal information, including your health information.

Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Jurisdiction: Your use of our Products and Services and these Terms are governed by the laws of Queensland, Australia. Any dispute arising out of your use of our Services shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

Our Products and Services may be accessed by clients throughout Australia and overseas. We make no representation that our Products and Services comply with the laws (including intellectual property laws) of any country outside Australia. If you purchase or otherwise use our information or Products and Services from outside Australia, you do so at your own risk and are responsible for complying with the laws of that jurisdiction.

For any questions about these Terms, please contact us at:

Skincare Academy Pty Ltd (ABN: 186 550 630 04)
Mooloolaba, Queensland, Australia, 4557.
[email protected]

Last update: April, 2024

 

Annexure 1
Terms specific to Consultations

Bookings: You can book a consultation with the Naturopath, we refer to, using the appropriate booking system outlined by the referring Naturopath. 

Online consultations: Online consultations can be booked via students Kajabi course portal and will be conducted using Zoom. You will be sent a unique meeting link at the time of booking which you will need to use to access the meeting room at your scheduled appointment time.

Reminders: Once you have booked an appointment with us, you will receive an email confirmation and a reminder email at least 48 hours before your appointment. We provide these reminders as a courtesy. You are responsible for remembering scheduled appointments.

Consultation fees: We will inform you of our consultation fees upon request and before you make a booking. By continuing with your booking, you agree to pay the fees, including any cancellation or failure to attend fees as set out below. Please note ALL appointments payments are to be made online and you will be asked to make full payment at the time of booking. Excluding consultations included within an online course where the course fee needs to be paid in full or the initial payment of the agreed payment plan is paid in full. This is so we can secure your appointment and your practitioner can delegate time for your consultation.

Cancellation or failure to attend: We understand things come up and sometimes you need to cancel or reschedule your appointment. We do however require a minimum of 24 hours’ notice, which enables us to allocate the time to another client. Cancellations made with less than 24 hrs notice, or failure to attend a scheduled appointment, will result in a charge of 100% of the consultation fee, this includes consultations included within paid online courses. If you attend late to your appointment, this does not give you the means to re-book or for the practitioner to give you any additional time from the prearranged scheduled appointment time. We aim to give each client the same amount of appointment time and book multiple clients in a day. We schedule time in between client appointments to complete practitioner case notes, write prescriptions and set up functional pathology requests. This is why we can not give clients additional time if they are late to the prearranged scheduled appointment time. For prepaid consultations, provided you give at least 24 hours notice of cancellation, we will work with you to arrange another suitable appointment time or provide a full refund of the fees paid. We appreciate your consideration of our time and will express the same consideration for yours.

Payments: Online courses include a full pay option or a three pay payment plan option. Appointments can or cannot be included within an online course. If an appointment is not included within an online course, or you wish to purchase additional appointments separate to the included online course appointment, you are required to pay 100% of the appointment consultation fee.

Refunds: Subject to these Terms and any your rights under any applicable Australian Consumer Law, we do not provide a refund for consultations. You are given every opportunity to seek information about our Services and ask questions about the consultation process before making a booking to determine if our Services are right for you and we encourage you to do so prior to booking.

Your obligations: We require you to:
attend all scheduled appointments and be on time for your appointments;
if you need to cancel your appointment, do so in accordance with our cancellation policy, as set out above;
pay the required fees in accordance with these Terms;
be courteous and respectful to our practitioners and staff at all times;
complete any intake documentation we require and provide accurate and complete information about yourself and update that information as required;
In particular, ensure you advise us of all current medical conditions, any known allergies, food intolerances, any medications or supplements you are currently taking, if you are vegan or vegetarian (as some Products are derived from animal origins), if you are pregnant, breastfeeding or trying to conceive and your religious beliefs if your belief may change the type of products we can use for your treatment, for example Halal, Kosher certified products. Please note the variety of Halal, Kosher treatment options is limited due to market supply, but our Skincare Academy Pty Ltd practitioner will do their best to support you and your beliefs.
provide personal information to us as required to enable us to provide the Services to you (which we will collect, use, store and disclose this information according to our Privacy Policy available on our website);
deal with us in good faith and in compliance with all applicable laws, these Terms and our Documents.
If you fail to comply with your obligations or these Terms or the Documents, we may at our discretion, cease providing Services to you.


Annexure 2
Terms specific to Products

Ordering and paying for your Products
You may order and/or purchase Products from Vital.ly, Ariya.health, affiliate links and Skincare Academy recommended products and skincare. By proceeding with your order, you accept our Terms and Conditions.

We may use third party websites, such as Ariya Health, Vital.Ly, Nutripath, and Genova Diagnostics and others notified to you from time to time to add personalised Product scripts and integrative pathology request forms for you. You may order recommended Products and pathology requests from your script or integrative pathology request form by setting up an account, logging in, accessing your scrips/integrative pathology request form and ordering online and paying online. You may repurchase until the script expires. Each integrative pathology request is limited to the individual pathology request. If you wish to repurchase the integrative pathology request, then you are required to book another appointment here.

Payment for all Products and will be processed at the time they are ordered or purchased, unless agreed otherwise. All payments for integrative pathology is to be determined between yourself as the client and the third party integrative pathology company.

Delivery: Title and risk of loss to all Products will pass to you on delivery.

Shipping:¬†For any orders we post to you through our distributor - Vital.ly, may take 2-5 business days to be delivered. International delivery fee is dependent on the individual package and the specific Australia post quote. Contact Nutripath (Australia) on [email protected] if you have any questions.¬†

Damage:¬†If you receive your Product in the post and it is faulty or damaged, please take clear photos of the damaged product and notify Vital.ly on [email protected].

Cancellation policy:¬†We do not offer any refunds for cancellation of our online courses due to the digital nature of our courses and the instant access students receive to download the entire course, included materials and course content. We do not offer refunds for change of minds at all. For Practitioner only Products, individually made Herbal Medicine and the purchase of retail products made through Ariya health, there is to be no compensation for cancellation or change of mind after you purchase your order. If you accidentally purchased a retail rage product you can contact¬† Vital.ly on [email protected] and ask for a refund within seven days of purchasing the item, pending the product is not damaged and no safety seals have been tampered with. Any product purchases through affiliate links on this website, cancellation policy is between you as their client and their organisation. If you have any cancellation questions of their products. The Skincare Academy Pty Ltd does not take responsibility for cancelation of order requests for purchases made from affiliate links on this website or orders made through Vital.ly.

Refund policy:
PHYSICAL PRODUCTS: Subject to our refund policy contained in our General Terms, and any applicable laws, including Australian Consumer Laws, please note we (Skincare Academy, Ariya Health, Vital.ly) do not offer refunds on Products if you simply change your mind. We also do not offer refunds for any Products that have been opened, used, damaged (by you) or are otherwise unable to be resold by us (including any Products made specifically for you or prepared specifically for you from a health professional prescription (i.e. personalised herbal, homoeopathic and Practitioner only Products) even if unopened or used. If we have processed an order that is incorrect, made without your authorisation, or the Product you received is faulty, damaged or subject to a recall notice, please notify Vital.ly on [email protected] immediately so that we can work with you to provide a suitable resolution in accordance with these Terms.
ONLINE PRODUCTS: The Skincare Academy Pty Ltd does not take responsibility for refund requests for purchases made from affiliate links on this website or orders made through Ariya Health, Vital.ly. For online paid downloadable products such as meditations, recipe books etc due to the extensive time, effort, preparation and care the Skincare Academy has no refund policy.
For online courses, the Skincare Academy has a strict no refund policy (1 pay, payment plan and promotional course prices is included in this no refund policy). Due to the digital nature of our online courses, the students receive materials in full at time of purchase.

Since we have a clear Refund Policy in this Terms of Sale policy, that you have agreed to prior to completing the purchase of the program - Acne to g l o w, we do not tolerate or accept any type of threats or misconduct regarding our no refund policy as it is clearly outlined in this ‚ÄėTerms of Sale‚Äô legal document.

The Skincare Academy Pty Ltd reserves the right, at its sole discretion, to determine how to discipline a participant who violates these Terms. Therefore, if a participant disagrees with the Skincare Academy Pty Ltd no refund policy, it is the individual's choice to not purchase the online course.

It is in the Skincare Academy’s sole right and discretion to terminate participants within any online course without notice if they display threatening behaviour or misconduct in regard to disagreeing with the no refund policy.


Product Recalls: In the situation that a Product is recalled and deemed unsafe, you will have a new product issued to you as soon as possible by the distributor in which you purchased the product from (Vital.ly) and or any affiliate distributors. This situation is rare but can happen and the relevant distributor will contact you immediately to warn you to cease the consumption and or use of the specific product.

Facebook Business Page/Group: It is noted that part of interacting in any Facebook page/group affiliated with Skincare Academy, may be used for course and promotional material. It is also noted that by posting or submitting any material to the group, you are representing to us that you are the owner of all such materials and you are also granting us the right to make it part of our current/future program testimonials/marketing material. Please choose carefully the materials that you submit within Facebook pages/groups as they become public. The Skincare Academy Pty Ltd, will not be held liable for any participant’s comments, actions, posts, content, or materials that result in another group member’s discomfort or distress.

Allergies and reactions:¬†Please note some of the Products we sell through Ariya Health and affiliate links may contain ingredients that are derived directly from nuts or otherwise contain potential allergens or ingredients that you may react to (gluten, dairy etc). Some herbs or other ingredients may be contraindicated with certain conditions such as pregnancy, breastfeeding or being open to conceive. It is your responsibility to read through the ingredients list prior to purchase of the Product and to contact us if you are unsure whether a Product is right for you. If you cannot find the ingredient list of the product be sure to contact the relevant distributor such as Vital.ly on [email protected]. or the relevant distributor from affiliate links.

Please make your Skincare Academy Pty Ltd health professional aware of any allergies, intolerances or reactions you have or have had. As this information is essential to disclose to your relevant Skincare Academy health practitioner, so we can keep you safe. It is necessary to share any information related to allergies, intolerances and reactions you have had with your health practitioner. As this may or may not affect your treatment plan and the ordering of Integrative Pathology requests for you to complete, some of the testing kits can contain materials that you could have a reaction to. If you buy a Product or an Integrative Pathology test kit and have a reaction to it, please discontinue use and contact us on [email protected] and the distributor. Please note we will not be held liable for allergic or adverse reactions. We do not exchange or refund on the basis of allergic or adverse reactions to products.

Practitioner-only products, herbal medicines and Integrative Pathology: In order to access and purchase practitioner-only products, and request an Integrative Pathology request form, you will require a consultation with one of our practitioners prior to purchase of Practitioner only Products, Herbal Medicines and receiving the Integrative Pathology request form.

If you have any questions or problems, please let us know by contacting our support team directly at [email protected]

 

DISCLAIMERS

 

Online Program Disclaimer:

The information provided or made available in this online course (Program) by the Skincare Academy Pty Ltd (ABN: 186 550 630 04), (we, us, our) is for information/education purposes only and cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, mental health, financial, medical, psychological, or legal fields. We do not offer any professional, personal, medical, financial or legal advice and none of the information contained in the Program should not be confused as such advice.

While we use best endeavours to provide accurate and true content, we make no guarantees or promises regarding the accuracy, reliability or completeness of the information presented. Further the author does not guarantee that you will receive any particular outcome or benefit as a result of participating in this Program.

To the fullest extent permitted by law, we (and our other program contributors) will not be liable for any direct, indirect, consequential, special, exemplary or other damages to the participant or the participants’ business including economic loss that may result from participation in the Program or from the use of, or the inability to use, the materials, information, or strategies communicated through the Program or any products or services provided pursuant to the Program, even if advised of the possibility of such damages.

As a participant, you participate in this Program at your own risk and are solely responsible and accountable for your decisions, actions and results. By your participation in the Program you agree not to hold or attempt to hold us, or any of our program contributors, liable for any decisions, actions or results that you make or experience in business or in life due to your participation in this Program at any time, under any circumstances.

 

PODCAST GUEST RELEASE AGREEMENT

 

I do hereby consent to the recording and distribution of reproduction(s) of the Guest's voice and video recording performance (hereafter referred to as "Guest") as part of the media program entitled 'Acne & Ageing to g l o w' podcast, (hereafter referred to as the "podcast").

In consideration of being invited to appear on the podcast, the guest does acknowledge that Hayley Barnes (hereafter referred to as the "'Producer") is the sole owner of all rights in and to the podcast, and the recording(s) thereof, are subject to copyright terms and conditions for all purposes; and the Producer has the unfettered right, among other things, to use, and distribute the Podcast, and Guest's performance as embodied therein in any and all media or formats, throughout the world, in perpetuity. Any materials created in connection with the podcast and distribution of the podcast ("Materials") become intellectual property of the Producer, and the Producer shall have the sole and exclusive right to use , and distribute such Materials, throughout the world, in perpetuity. 

Online Podcast Disclaimer:

The information provided or made available in this (Podcast) by the Skincare Academy Pty Ltd (ABN: 186 550 630 04), (we, us, our) is for information/education purposes only and cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, mental health, financial, medical, psychological, or legal fields. We do not offer any professional, personal, medical, financial or legal advice and none of the information contained in the Program should not be confused as such advice.

While we use best endeavours to provide accurate and true content, we make no guarantees or promises regarding the accuracy, reliability or completeness of the information presented. Further the Podcaster does not guarantee that you will receive any particular outcome or benefit as a result of participating in this Podcast.

To the fullest extent permitted by law, we will not be liable for any direct, indirect, consequential, special, exemplary or other damages to the participant or the participants’ business including economic loss that may result from participation in the Podcast or from the use of, or the inability to use, the materials, information, or strategies communicated through the Podcast or any products or services provided pursuant to the Podcast, even if advised of the possibility of such damages.

As a Guest, you participate in this Podcast at your own risk and are solely responsible and accountable for your decisions, actions and results. By your participation in the Podcast you agree not to hold or attempt to hold us, or any of our podcast contributors, liable for any decisions, actions or results that you make or experience in business or in life due to your participation in this Podcast any time, under any circumstances. 

Nothing contained in this Podcast Guest Release shall be construed to obligate the Producer to use any of the rights granted or acquired by the Podcaster, or to make, sell, license, or otherwise distribute the Podcast or Materials whatsoever. 

Skincare Academy Pty Ltd will not share raw or edited footage of the 'Acne & Ageing to g l o w' podcast with guests. The Skincare Academy Pty Ltd will tag guest's Instagram handle, the one the guests provides in the onboarding process, allowing guests to share the content that the Skincare Academy Pty Ltd have provided, to their wall and or in the guests stories. The Skincare Academy Pty Ltd will request for you to join as a collaborator, making sharing easier but this is up to your personal preference.

The Guest understands and agrees that he/she shall receive no monetary compensation for appearances on and for participation in the Podcast. 

The Guest's name and likeness may be used in advertising and promotional material for the Podcast, but not as an endorsement of any product or service. 

Distribution of Promotional Assets: Agreement to Share Promotional Materials

By agreeing to participate as a guest on the Acne & Ageing to g l o w podcast, you as the Guest hereby acknowledge and agree to the following terms regarding the distribution of promotional assets:


The Skincare Academy Pty Ltd will not share raw or edited footage of the 'Acne & Ageing to g l o w' podcast with guests. However the  Skincare Academy Pty Ltd will tag podcast guests's Instagram handle in associated promotional podcast content where relevant. The guest's instagram handle tagged, will be the handle provided to the Skincare Academy Pty Ltd as part of the podcast guest onboarding process. If there are any changes to your instagram handle, the Skincare Academy Pty Ltd is not responsible for updating this and there will be no changes made to pre existing content posted. You agree [as the guest] that you will share the content that the Skincare Academy Pty Ltd has tagged you in, including but not limited to highlight Instagram reels, promoting the podcast episode where the guest appeared to your story as a minimum requirement. The Skincare Academy Pty Ltd will also ask Podcast guests to join as a collaborator, in collaboration with promotional Instagram reels or posts, to increase overall exposure of the podcast episode for both parties to benefit. However this invitation to be a collaborator, is up to Podcast Guests discretion, whether they would like to accept the collaborator request. Upon acceptance of the collaboration request,  promotional content relevant to the Acne & Ageing to g l o w podcast where the guests appeared, will be automatically shared to the Podcast guest's Instagram wall in collaboration. 

Distribution Responsibility: The Guest agrees to share the Promotional Assets across their social media platforms, including but not limited to Instagram, Facebook, YouTube, Twitter, LinkedIn and any other platforms where the Guest maintains an active presence. Additionally, the Guest agrees to distribute the Promotional Assets to their email list(s), ensuring that the episode reaches a wider audience through direct email communication. Podcast Guest is also required to share the link to the full podcast episode on their Instagram story also, allowing their Instagram followers to easily listen to the full episode. The link to the full podcast episode can be found through Apple Podcast, Spotify and YouTube. The Podcast Guest is welcome to select a streaming platform that best suits their audience and share the html link in their Instagram story.

Timing of Distribution: The Guest commits to sharing the Promotional Assets within one week (7 days) of receiving them from the Producer or within another mutually agreed-upon timeframe. This is to ensure that the promotion of the episode is timely, relevant, and maximises audience engagement.

Guidelines for Use: The Guest agrees to use the Promotional Assets in a manner that is respectful, professional, and in keeping with the brand and reputation of both the Guest and Acne & Ageing to g l o w podcast. The Guest shall not alter, edit, or modify the Promotional Assets without the prior written consent of the Producer.

Feedback and Reporting: The Guest is encouraged to provide feedback to the Producer on the audience's reception of the Promotional Assets and to share insights into the performance of their promotional efforts (e.g., engagement metrics, reach, etc.). While not mandatory, this feedback is valuable in optimising future promotional strategies for both parties.

This agreement to share Promotional Assets is part of the broader Terms and Conditions of participating as a guest on Acne & Ageing to g l o w podcast and is binding upon acceptance. The Guest's cooperation in promoting their episode is greatly appreciated and is a crucial component of our collaborative success.

The Guest hereby releases and discharges the Producer from all liability arising out of or in connection with the making, producing, reproducing, processing, exhibiting, distributing, publishing, transmitting by any means or otherwise using the above-mentioned production. 

1 Hour Acne Team Empowerment Training Agreement Terms and Conditions:

This Agreement ("Agreement") is between the Skincare Academy Pty Ltd (ABN: 186 550 630 04),("Skincare Academy") and the student ("Student") who has purchased the Advanced Acne to g l o w¬ģÔłŹ (‚ÄúOnline Course‚ÄĚ) and is eligible to participate in the ‚Äė1 Hour Acne Team Empowerment Training Session‚Äô ("Training Session").

The information provided or made available in this (‚ÄúTraining Session‚ÄĚ) by the Skincare Academy Pty,¬†(we, us, our)¬†is for education purposes only and cannot replace or substitute for the services of trained medical professionals in any field, including, but not limited to, mental health, medical, psychological, or legal fields.¬†

We do not offer any personal, medical, financial or legal advice and none of the information contained in the Online Course and the Training Session should not be confused as such advice.

While we use best endeavours to provide accurate and true content, we make no guarantees or promises regarding the accuracy, reliability or completeness of the information presented. 

To the fullest extent permitted by law, we will not be liable for any direct, indirect, consequential, special, exemplary or other damages to the student or the Student’s business including economic loss that may result from participation in the Student, Student(s) or from the use of, or the inability to use, the materials, information, or strategies communicated through the Training Session or any products or services provided as part of the Online Course.  

As a Student, you participate in this Training Session at your own risk and are solely responsible and accountable for your decisions, actions and results. By your participation in the Training Session you agree not to hold or attempt to hold us liable for any decisions, actions or results that you make or experience in business or in life due to your participation in this Training Session any time, under any circumstances.

Training Session: The Training Session is an additional learning resource provided by the Skincare Academy Pty Ltd to enhance the knowledge and skills of Students in the field of holistic acne treatment. The Training Session will be conducted by experienced Acne Naturopaths and Educators affiliated with the Skincare Academy. Within the 1 Hour Training Session, the Student, or Students collectively will need to upload into the designated Kajabi coaching portal, a maximum of ten (10) questions to be answered in detail within the Training Session. The Student, Students, can also  upload a maximum of one (1) photos per question to provide more depth to their customised training. There is to be a maximum of ten (10) photos all per 1 Hour Training Session. That is one (1) photo per question, with a maximum of ten (10) questions. 

Intellectual Property: The content of the Training Session, including but not limited to presentations, images, diagrams, case studies, materials, and recordings, is considered intellectual property of the Skincare Academy Pty Ltd. The Student acknowledges that they do not have ownership rights over any part of the Training Session content. Any materials including marketing material created in connection with the Training Session become intellectual property of the Skincare Academy Pty Ltd. The Skincare Academy has the exclusive right to use , and distribute such Materials, throughout the world, in perpetuity. 

Restrictions: The Student agrees not to sell, distribute, or share any part of the Training Session and or accompanying training materials (pdf training booklet, images, diagrams) content outside their direct team of Skin Professionals who are all employed within the one Skin Clinic. The Student understands that sharing or selling the content without permission from the Academy is a violation of this Agreement. The training session is intended for educational purposes only and should not be used for commercial gain or distribution.

Confidentiality: The Student agrees to maintain confidentiality regarding any proprietary information shared during the Training Session. This includes but is not limited to techniques, strategies, and best practices discussed during the session.

Termination:¬†Any violation of these terms and conditions may result in termination of access to Advanced Acne to g l o w¬ģ, all associated bonus resources, future training sessions, other resources provided by the Skincare Academy and denied access to any paid/complementary offerings the Skincare Academy has available to purchase or download.¬†

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia. The Skincare Academy Pty Ltd reserves the right to modify or update these terms and conditions at any time without prior notice.

The Student, Students hereby releases and discharges the Skincare Academy from all liability arising out of or in connection with the delivery, distribution and publishing of the Training Session and all accompanying resources.  

By clicking the box in the 1 Hour Acne Team Empowerment Training Session onboarding process, via the Skincare Academy's Calend.ly booking system, when scheduling the training session, I am agreeing to the above-mentioned terms. 

By participating in the 1 Hour Acne Team Empowerment Training Session, the Student and Students acknowledge that they have read and understood this Agreement and agree to abide by the terms and conditions set forth by the Skincare Academy Pty Ltd. For any questions or concerns regarding the 1 Hour Acne Team Empowerment Training Session, please contact the Skincare Academy Pty Ltd directly.

For any questions about these Terms, please contact us at:

 

Skincare Academy Pty Ltd (ABN: 186 550 630 04)

Mooloolaba, Queensland, Australia, 4557.

[email protected]

Last update: 1 April, 2024