Terms and Conditions of Service
In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Just for Mike Co Pty Ltd (ACN 685 191 682). We and you are each a Party to these Terms, and together, the Parties.
These Terms form our contract with you, and sets out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
For questions about these Terms, or to get in touch with us, please email: info@justformike.com
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
● our privacy policy (on our website) which sets out how we will handle your personal information;
● our cancellation policy which sets out when you may terminate a Treatment (clause 9); and
● clause 9 (Liability) which sets out exclusions and limitations to our liability under these Terms.
These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.
1. Engagement and Term
These Terms apply from your first booking, purchase, or website use (Commencement Date). For services, these Terms apply until we have completed the provision of your selected Treatment. For products, these Terms apply until the Goods have been delivered to you (Term).
2. Treatment Services
2.1 We will provide the Services, including any selected Treatments, as described on our website in exchange for your payment of the Price. We may engage Personnel to assist in providing the Services. We will use reasonable efforts to provide Services at scheduled times.
2.2 Any variations to booked Services or Treatments must be agreed in writing and may affect the Price.
3. Goods
3.1 In addition to Services, we offer Goods for sale both in-store and through our website.
3.2 Title to the Goods remains with us until you have paid the Price in full and the Goods have been delivered to you.
3.3 Risk in the Goods passes to you upon delivery or when you collect the Goods from our store, whichever occurs first.
3.4 For online orders:
(a) we will dispatch Goods on the same Business Day for orders placed before 2pm AEST; and
(b) delivery typically takes 5-7 Business Days, depending on your location.
(c) we are not liable for any delay in delivery caused by circumstances beyond our reasonable control.
4. Your Obligations
4.1 You agree to:
(a) provide accurate booking and personal information;
(b) arrive on time for appointments;
(c) follow our staff’s reasonable instructions regarding treatments;
(d) inform us of any health conditions or allergies that may affect Services;
(e) treat our staff and other clients with respect;
(f) consume any complimentary alcohol responsibly and in moderation;
(g) comply with these Terms, all applicable Laws, and our reasonable requests;
(h) ensure all members of your group booking (if applicable) comply with these Terms; and
4.2 You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 3.
5. Price and Payment
5.1 Prices for Services, Treatments, and Goods are as listed on our website or in-store menu, unless otherwise agreed in writing.
5.2 For online bookings full payment for selected Treatments is required at the time of booking.
5.3 Additional Treatments requested during your appointment can be paid for in-person at our salon.
5.4 Products can be purchased:
(a) Online: Payment is required at the time of order; or
(b) In-store: Payment is required at the time of purchase.
5.5 Failure to pay upfront, may affect our ability to provide the Services to you.
5.6 All prices are in Australian dollars and include GST where applicable. When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. “GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
6. Use of Images
6.1 On occasion, we may ask to take before and after images of your treatments for marketing purposes.
6.2 If you consent to having your images taken:
(a) we may use these in our marketing materials, including our website and social media;
(b) you grant us permission to use and publish these images without identifying you by name; and
(c) no additional compensation will be provided for the use of these images.
6.3 You have the right to:
(a) decline having your images taken or used at any time;
(b) request removal of your images from our marketing materials by notifying us.
7. Privacy
7.1 If you are required to provide us with Personal Information so that we can provide the Services, you agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth), and any other applicable Laws relating to privacy (Privacy Laws).
7.2 Without limiting this clause 7, you must ensure that:
(a) you have collected, used, stored and otherwise dealt with Personal Information in accordance with all Privacy Laws; and
(b) we are capable of collecting, using, storing and otherwise dealing with Personal Information, in the manner contemplated by these Terms, without infringing any third party rights or violating any Privacy Laws.
7.3 Without limiting this clause 7, you agree to only disclose Personal Information to us if:
(a) you are authorised by the Privacy Laws to collect the Personal Information and to use or disclose it in the manner required by these Terms; and
(b) you have informed the individual to whom the Personal Information relates, that their Personal Information will be disclosed to us.
7.4 We agree to handle any Personal Information you provide to us, solely for the purpose of performing our obligations under these Terms, and in accordance with any applicable Laws.
8. Australian Consumer Law
8.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.
8.2 Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.
8.3 This clause 8 will survive the termination or expiry of these Terms.
9. Liability
9.1 Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:
(a) neither Party will be liable for Consequential Loss;
(b) a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
(c) (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
(d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates.
9.2 Without limiting clause 9.1 and subject to your Consumer Law Rights:
(a) we accept no liability for any allergic or adverse reactions to products used in our Services or Treatments, or Goods sold;
(b) you acknowledge that we will conduct patch tests where appropriate and use natural products where possible to minimise the risk of reactions; and
(c) you agree to inform us of any known allergies or sensitivities before we provide any Services or Treatments.
9.3 This clause 9 will survive the termination or expiry of these Terms.
10. Cancellation Policy
10.1 You may cancel or reschedule your appointment without charge up to 12 hours before the scheduled time.
10.2 For cancellations made less than 12 hours before the appointment time, or in case of no-shows:
(a) you will be charged 50% of the Treatment Price;
(b) this fee represents our genuine pre-estimate of loss;
(c) as payment is taken upfront, we will refund the remaining 50%.
10.3 We reserve the right to waive this fee in extenuating circumstances, at our sole discretion.
10.4 To cancel or reschedule, please email us info@justformike.com
10.5 We will use reasonable efforts to accommodate rescheduling requests but cannot guarantee availability.
11. Termination
11.1 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.
11.2 Upon expiry or termination of these Terms:
(a) we will immediately cease providing the Services;
(b) without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services already performed are not refundable to you;
(c) you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;
(d) by us pursuant to clause 11.1, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and
11.3 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
11.4 This clause 10 will survive the termination or expiry of these Terms.
12. General
12.1 Amendment: These Terms may only be amended by written instrument executed by the Parties.
12.2 Assignment: Subject to clauses 12.3 and 12.9, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
12.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
12.4 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:
(a) as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and
(b) uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.
12.5 Governing Law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
12.6 Intellectual Property: Nothing in this Agreement constitutes a transfer or assignment of one Party’s Intellectual Property Rights to the other Party.
12.7 Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
12.8 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
12.9 Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.
13. Definitions
Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Business Day means a day on which banks are open for general banking business in Sydney, New South Wales, excluding Saturdays, Sundays and public holidays.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Price and any other amounts payable under these Terms will not constitute “Consequential Loss”.
Consumer Law Rights has the meaning given in clause 8.1.
Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
Goods means the physical products offered for sale by us, either in-store or through our website, including but not limited to grooming products, hair care items, and skincare products.
Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth) and includes any similar rights in any jurisdiction in the world.
Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.
Price means the price set out on our website.
Services means the provision of the Treatments set out on our website.
Terms means these terms and conditions and any documents attached to, or referred to in, each of them.
Treatment means the procedure, package or service offered by us as listed on our website or in-store menu.