About the Website

1.1. Welcome to www.beautybrandformula.com (Website). The Website provides you with an opportunity to browse and purchase various self-guided online courses and programs (Course/s), bookings for Beauty Brand Formula services (Bookings) that have been listed for sale through the Website. The Website additionally offers you the opportunity to browse Beauty Brand Formula services (Services). The Website provides this service by way of granting you access to the content on the Website (Available Services). The Website also provides you with the opportunity to access and download free digital products (E-Products).

1.2. The Website is operated by Dr. Dominika Andrys t/a Beauty Brand Formula (NZBN:
9429052308567) (Beauty Brand Formula Ltd.). Access to and use of the Website, or any of its associated Bookings, Courses and Services, is provided by Beauty Brand Formula. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.

1.3. Beauty Brand Formula reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Beauty Brand Formula updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

1.4. If you are a business operating in competition with Beauty Brand Formula, You are not permitted to use the Website or the Available Services. 

Acceptance of the Terms

You accept the Terms by remaining on the Website.

Registration to use the Available Services

3.1. In order to access the Available Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Available Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):

(a) E-mail Address

(b) Password

(c) ABN/ACN

(d) Address

3.2. You warrant that any information you give to Beauty Brand Formula in the course of completing the registration process will always be accurate, correct and up to date.

3.3. Where applicable, once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. 

3.4. You may not use the Available Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Beauty Brand Formula; or

(b) you are a person barred from receiving the Available Services under the laws of New Zealand or other countries including the country in which you are resident or from which you use the Available Services.

Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

4.2. You will use the Available Services only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Available Services;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Beauty Brand Formula of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Beauty Brand Formula is providing the Available Services;

(f) you will not use the Available Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Available Services. Appropriate legal action will be taken by Beauty Brand Formula for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its Available Services is prohibited.

Purchase of Course and Returns Policy

5.1 In using the Available Services to purchase the Courses through the Website, you will agree to the payment of the purchase price listed on the Website for the Courses (Purchase Price). 

5.2 Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).

5.3 In using the Available Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.

5.4 The Courses are non-refundable. Please keep this in mind when making a purchase via the Website. 

5.5 Following payment of the Purchase Price being confirmed by Beauty Brand Formula, you will be issued with a receipt to confirm that the payment has been received and Beauty Brand Formula may record your purchase details for future use.

5.6 You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.

5.7 Unless otherwise stated, all amounts are listed in New Zealand Dollars (NZD) and are GST exclusive, being goods and services tax as defined in the Goods and Services Tax Act 1985, exclusive amounts. Where the services are provided outside New Zealand, GST is inapplicable.

5.8 In the event that you are making payment under a payment plan, and any payment under the Terms is not made in full on the due date, Beauty Brand Formula is entitled to charge you interest at the rate of 5% per annum, calculated daily.

5.9 You agree that if you default on any payments due and payable under the Terms, any costs incurred by Beauty Brand Formula for steps taken to enforce payment terms will be recoverable and payable by you

Bookings of Services

6.1. Beauty Brand Formula requires all bookings for Services to be made via the available booking system (Booking System).

6.2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the terms and conditions of use, privacy policy and other relevant legal documentation provided by the Booking System.

6.3. If you choose to proceed with the Services, you will be bound by the terms and conditions provided to you at the point of purchase.

6.4. In using the Available Services to book the Services through the Website, you will agree to the payment of the purchase price listed on the Website for the Services (Purchase Price).

6.5. Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers)

6.6. Unless otherwise stated, all amounts are listed in New Zealand Dollars (NZD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside New Zealand, GST is inapplicable.

6.7. In using the Available Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

6.8. Following payment of the Purchase Price being confirmed by Beauty Brand Formula, you will be issued with a receipt to confirm that the payment has been received and Beauty Brand Formula may record your purchase details for future.

6.9. In the event that any payment under these Terms is not made in full on the due date, Beauty Brand Formula is entitled to charge You interest at the rate of 5% per annum, calculated daily.

6.10. You agree that if You default on any payments due and payable under these Terms, any costs incurred by Beauty Brand Formula for steps taken to enforce payment terms will be recoverable and payable by You.

Cancellation, Termination and Refunds

7.1. General Cancellation and Refunds

(a) You must notify Beauty Brand Formula of an intention to cancel the Services or your involvement in the Courses as soon as practicable through e-mail to hello@beautybrandformula.com and abide by the following (Cancellation Policy).

(b) All Services and Courses are non-refundable. This means that if you wish to terminate your involvement, all unpaid amounts of the Purchase Price are non-refundable. 

(c) For the sake of clarity, where applicable if you have chosen to pay through a payment plan and you wish to terminate the Courses early, Beauty Brand Formula reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Courses will be revoked.

(d) Beauty Brand Formula reserves the right to terminate your involvement in the Courses for breach of these Terms with 7 days’ notice by e-mail. 

(e) If Beauty Brand Formula terminates the Courses, you agree to pay Beauty Brand Formula for the portion of the Courses completed up to the date and time of termination.

7.2. Cancellation and Rescheduling of Services 

(a) Both Parties agree to reschedule any one-on-one sessions or scheduled calls in writing.

(b) Beauty Brand Formula understands that things change, and therefore if you need to make a request to alter a scheduled session time you agree to provide at least 2 business days notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will forfeit the session, and the Purchase Price involved. 

(c) All inclusions purchased must be redeemed within 12 months from the date of the initial booking. 

Delivery of Course and Licence Information 

If you are purchasing a Course that includes access to an online platform, the following clauses will apply.

8.1. Where applicable, a Course purchase may grant to you access to the Course through an online course platform as provided (Member Portal). 

8.2. When you purchase a Course through the Website, Beauty Brand Formula grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).

8.3. The Licence is valid for the Course term outlined in the Course information page of the relevant Course (Licence Term). This means the Course will be viewable via the download link for the Licence Term only. After this time the Course will expire and You will no longer be able to access the Course.

8.4. The Courses are intended for single use only within the licence Term. Sharing of Your Licence is prohibited. This includes the sharing of any supplemental Course materials, digital resources, and access to any other aspect of the Course.  

Warranty 

9.1. Beauty Brand Formula will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Beauty Brand Formula makes no warranty that the Services or the Courses will meet your requirements or that all clients will achieve the same outcome.

9.2. The Courses and Services come with guarantees that cannot be excluded under the New Zealand Consumer Law. For major failures, you are entitled to cancel your contract with Beauty Brand Formula, and are entitled to a refund for the unused portion, where applicable. A major failure with the Course or Service is defined by the New Zealand Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

Disclaimer

10.1. You are solely responsible for creating and implementing Your own business, financial, and marketing decisions, choices, actions and results arising out of or resulting from the Services or the Courses. As such, You agree that Beauty Brand Formula is not and will not be liable or responsible for any actions or inaction, including effects on Your business or for any direct or indirect result of any Courses or Services provided by Beauty Brand Formula, or access to any of the Available Services.

10.2. You understand that the Courses, Services and Available Services and any information You receive from Beauty Brand Formula are not a substitute for legal, business or financial advice. Beauty Brand Formula recommends You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided by Beauty Brand Formula. Beauty Brand Formula will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You. 

Information Disclaimer

11.1. Any information, advice, content or documentation provided on the Website, through the Courses, Services, E-Products, blog, podcast, or through any accompanying materials, social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.

11.2. All care is taken in the preparation of the information and published materials on the Website, through the Courses, E-Products, blog, podcast, or through any accompanying materials, social media accounts, podcast, or on any other related platform. Beauty Brand Formula does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 

11.3. To the extent permissible by law, Beauty Brand Formula will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Courses, E-Products, blog, podcast, and through the any accompanying materials, social media accounts or on any other related platform.

Copyright and Intellectual Property

12.1. The Website, the Services, the Courses and all of the related material available via the Website and/or provided by Beauty Brand Formula are subject to copyright. The material on the Website is protected by copyright under the laws of New Zealand and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Courses and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Courses are owned or controlled for these purposes and are reserved by Beauty Brand Formula.

12.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Beauty Brand Formula, which grants to you a worldwide, non-exclusive, royalty-free, revocable license to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and

(c) print pages from the Website for your own personal and non-commercial use.

12.3. Beauty Brand Formula does not grant you any other rights whatsoever in relation to the Website, the Courses or the Available Services. All other rights are expressly reserved by Beauty Brand Formula.

12.4. Beauty Brand Formula retains all rights, title and interest in and to the Website, the Courses and the Available Services. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

12.5. You may not, without the prior written permission of Beauty Brand Formula and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Courses or Available Services, or any material made available via the Website for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

Beauty Brand Formula takes your privacy seriously and any information provided through your use of the Website, the Courses or the Available Services, are subject to Beauty Brand Formula’s Privacy Policy, which is available on the Website.

General Disclaimer

14.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the New Zealand Consumer Law (or any liability under them) which by law may not be limited or excluded.

14.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Beauty Brand Formula will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, Courses, the Available Services or these Terms (including as a result of not being able to use the Courses or Available Services, or the late supply of these), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

14.3. Use of the Website, the Courses and the Available Services is at your own risk. Everything on the Website is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Beauty Brand Formula makes any express or implied representation or warranty about the material on the Website, including the Courses referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Courses, or any of the Available Services (including third party material and advertisements on the Website); and

(c) costs incurred as a result of you using the Website, the Courses or the Available Services.

Third Party Services

The Courses or Available Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Beauty Brand Formula does not control any Third-Party Services. Beauty Brand Formula additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Beauty Brand Formula will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.

Limitation of liability

16.1. Beauty Brand Formula’s total liability arising out of or in connection with the Services, the Courses or the Available Services, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services or the Courses to you.

16.2. You expressly understand and agree that Beauty Brand Formula, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

17.1. The Terms will continue to apply until terminated by either you or by Beauty Brand Formula as set out below.

17.2. If you want to terminate the Terms, you may do so by:

(a) providing Beauty Brand Formula with notice of your intention to terminate, in writing, via the ‘Contact Us’ link on the homepage or by email; and

(b) closing your accounts for all of the services which you use, where Beauty Brand Formula has made this option available to you on the Website.

17.3 Beauty Brand Formula may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) Beauty Brand Formula is required to do so by law;

(c) the provision of the Services, the Courses or the Available Services to you by Beauty Brand Formula is, in the opinion of Beauty Brand Formula, no longer commercially viable.

User Generated Content

18.1. If you choose to contribute any content to the Website or any other platform operated by Beauty Brand Formula, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

18.2. By contributing content to the Website, you grant Beauty Brand Formula a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Beauty Brand Formula.

18.3. Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree Beauty Brand Formula can use that information with Your Content for advertising and promotional purposes, or any other business purpose. 

18.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Beauty Brand Formula social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Beauty Brand Formula. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

18.5. Please ensure you keep your own copies of Your Content as Beauty Brand Formula may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

18.6. Beauty Brand Formula will endeavour to provide you with an appropriate credit when using Your Content on Beauty Brand Formula platforms, though you understand and agree this may not always be possible.