OVERVIEW

Alana Rose Beauty ABN 64 328 566 066, trading as Alana Rose Beauty ("Alana Rose Beauty", "we", "our", or "us"), owns and operates courses and masterclasses that are available for purchase on https://www.alanarosebeauty.com.au/pages/courses. 

Acceptance

The following terms and conditions, our Website Terms and Conditions and our Privacy Policy together with any documents which are expressly mentioned or incorporated by reference (collectively, “Terms”), govern your access to and use of https://www.alanarosebeauty.com.au, including your access to our Courses and any classes incorporated into each applicable Course.

Please read these Terms of Use carefully before you access our masterclass. 

By accessing any of the Courses and participating in any classes included in the applicable Course(s), you:

1. acknowledge that you have read, and agree to comply with and be legally bound by, these Terms; and
2. warrant that you are over 18 years of age and have the legal capacity to enter into a binding contract.

Modification of Terms

We reserve the right to modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to initial use as well as periodically throughout your use of our Courses. If at any time you choose not to accept these Terms, you should discontinue your use of our Courses.

By continuing to access any of our Courses and participate in our classes, you are deemed to accept any future amendments to these Terms. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase. 

COURSE ACCESS

You may apply to access the applicable Courses by completing the application form and paying the applicable Course Fees on our Site https://www.alanarosebeauty.com.au. As a condition of purchase and participation in the applicable Course, you agreed to be bound by our policies and procedures as set out in these Terms, including those incorporated by reference. You agree to provide accurate, current and complete information about yourself as requested or directed, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Course access if we suspect that such information is inaccurate or incomplete. We also reserve the right to deny your Course application for any reason.

Your access to the applicable Course commences when your application has been accepted by us, or a date specified on our Site, and you pay the price as displayed on our Site and in accordance with these Terms (‘Course Fees’). Your access to the applicable Course continues until terminated under these Terms or the applicable Course is taken down. We will provide you with 30 days’ notice should we plan to cease the applicable Course. 

In the event we intend to cease the applicable Course, we shall provide you with 30 days notice and provide you with the ability to download applicable resources contained being the lifetime access we refer to in our promotional material.

To access the Course, you are required to create an account. In doing so, you must provide accurate information, including your name, your business name (if applicable), address, a valid email address and contact number. You must also be at least 18 years old. You agree to update this information if and when it changes. You are solely responsible for the activity that occurs on your account, so please keep your account password secure and do not share the account details with any third party as access is for your sole use.

We reserve the right to: 

1. limit the number of Course applicants; and/or
2. suspend or cancel your account at any time, at our sole discretion, including if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.

CLASSES

You acknowledge that we cannot guarantee any specific results from your participation in the classes and your experience will depend on your own commitment, motivation and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible.

Any content or information provided in the classes are of a general nature only. No part of any of the classes is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional.

You are responsible for determining whether the classes are right for you.

Any reference to other products or services, programs, courses, processes or other information appearing within the sessions/workshops does not constitute or imply our endorsement, sponsorship or recommendation in any way.

By attending any of the classes that form part of your Course, you agree to comply with all health and safety policies and procedures put in place by us and/or the premises. You acknowledge that failure to comply with these policies may result in your removal from the class, the Course and/or the premises.

You also acknowledge that certain elements of the class of the Course may involve the use of models or other equipment, you agree to work on the model and use any such equipment in a safe and responsible manner. You hereby indemnify and hold harmless us and our affiliates, agents, and employees against any and all liability for any injury, loss, or damage to experienced by the model or to the equipment you have used during the class for your Course, including but not limited to bodily injury or death, arising from your use of the model or use of such equipment.

You further acknowledge that the we and our affiliates, agents, and employees will not be liable for any injury, loss, or damage that you may suffer while attending any of the classes for the applicable Course, including but not limited to injuries or damages arising from your work on a model, use of any equipment or materials provided as part of the applicable Course.

By completing the online element of this applicable masterclass, you acknowledge that you have read and understood these Terms and agree to be bound by them.

COMPLAINTS (DISPUTE RESOLUTION)

We are committed to your enjoyment of and satisfaction with the Course you purchase. Should you have any concerns or be dissatisfied in any way, please contact us via our email alanarosebeauty@outlook.com and include:

a.your name;

b.     the email address you used to apply for the Course;

c.details of your concern or complaint;

d.     details of what you would like us to do to resolve the matter; and 

e.copies of any relevant correspondence.

We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.

You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.

INTELLECTUAL PROPERTY RIGHTS

As part of the Course, you will have access to certain materials, including programs, workbooks, forms, templates, precedents, webinars, digital products and other content (‘Materials’). We retain ownership of all Intellectual Property Rights (including copyright) in the Course and the Materials.

To the extent required for participation in the Course and in consideration for the payment of the Course Fees, you are granted a non-exclusive, non-transferable, single-use, limited licence to access and use the Materials for your own personal use and non-commercial use, and you agree not to:

1. modify the Materials; 
2. copy or share the Materials or in any way cause or allow them to be copied or shared; 
3. assign or transfer your membership of the Course to any other person without our express written consent; or
4. sublicense, publish, sell, or provide the Materials to, or otherwise allow them to be used by, third parties.

You must not under any circumstances remove any copyright notice, trade mark or author mark from any part of the Materials.

If you infringe our Intellectual Property Rights, we reserve the right to immediately terminate your access to the Course and the Materials without refund and pursue legal remedies including an accounting of profits should you use our Course and Materials for commercial purposes.  You will be liable for all costs (including reasonable legal costs) incurred due to your breach of these Terms.

For any intellectual property that you provide us with through your participation in the Course (‘Participant Content’), you warrant that you are the owner of this intellectual property and indemnify us against any claim made by a third party arising out of any breach of intellectual property rights from our use of the Participant Content (including distribution for promotional purposes). By participating in the Course, you grant us a non-exclusive, irrevocable, royalty-free, perpetual licence to use and reproduce your Participant Content at our discretion.

COURSE PROMOTION

Where you have provided testimonials (in any format), you acknowledge and consent that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.

You acknowledge that part of your Course may include images, copy, text and recordings (in audio and/or video format) of your participation in the Course, where you may feature prominently. These recordings are both for the purposes of providing the Course and for us to use in our promotional material to market the Course. You irrevocably consent to our use of these recordings without restriction, including but not limited to our ability to modify, publish, reproduce or distribute them at our discretion.

TERMINATION

We reserve the right to terminate your access to the masterclass with immediate effect if:

1. you do not pay the Course Fees when due;
2. you infringe our Intellectual Property Rights;
3. you attend any of our classes in person and you engage in conduct that is injurious or potentially harmful to other course attendees, models or us;
4. you engage in conduct that is injurious or potentially harmful to our reputation;
5. you disclose Confidential Information without consent;
6. your actions are contrary to our interests; 
7. we consider that mutual trust and/or confidence no longer exists; or
8. you fail to comply with any of the other provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms.

If we terminate your access to the class, we may, at our sole discretion, refund any prorated balance of the Course Fee already paid by you.

CONFIDENTIALITY

You agree to respect our privacy and confidential information, which includes information relating to our business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, along with our intellectual property and other information relating to trade secrets, know-how, systems and processes. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential. You also agree to respect the privacy and confidential information of other Course participants unless you receive express written consent from such other participant. We will not disclose any information you provide except as set out in these Terms. 

However, these obligations of confidentiality do not apply to any disclosure that:

1. is for the purpose of performing the Terms or exercising a party’s right under the Terms;
2. is required by Applicable Law; or
3. relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction or breach of any obligation of confidence.

PROHIBITED USE

In addition to any other prohibitions, you must not under any circumstances access or otherwise use the Course or its content: 

1. for any unlawful purpose; 
2. if you or your business in any way competes with our business;
3. to solicit others to perform or participate in any unlawful acts; 
4. to violate any international, federal, or state regulations, rules, laws, or local ordinances; 
5. to attempt to change, remove,  or otherwise interfere with the Course or any of its Materials; 
6. to infringe upon any other person's proprietary rights; or
7. to send any unsolicited advertising or promotional material, commonly referred to as 'spam'.

WARRANTIES AND INDEMNITIES

We provide the Course and its content on an ‘as is’ basis, and do not guarantee any specific results from your participation. Your experience will depend on your own commitment, motivation and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible. 

You agree that you engage in the Course at your own risk.

Except as expressly permitted by law, we cannot be held liable for:

1. any loss or damage that you may suffer as a result of your participation (including where you disclose confidential information during any group participation);
2. your inability to participate in the Course for any reason;
3. your failure to maintain the security of your login details that enable you to access the Course;
4. the statements or conduct of any third party; or
5. your reliance on the suggestions or recommendations of any third party or Course participant.

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Site or the Courses in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

We reserve the right to manage and control all aspects of a defence on an exclusive basis in relation to any matter otherwise subject to your indemnity and in which case you will assist us and co-operate fully with us in asserting any defence that may be available to us.

LIABILITY

In no event shall Alana Rose Beauty or its related entities, affiliates, and its and their respective officers, agents and employees be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Materials even if an authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our Courses is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

INFORMATION AND ADVICE (DISCLAIMER)

Any content or information provided in the Course is of a general nature only and does not constitute professional advice. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide through the Course. No part of the Course is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional. 

The nature of the Course means that we are unable to guarantee particular results, and any examples of achieved by other course participants is a representation of potential results only. Any results achieved through your participation in the Course will vary depending on a range of factors beyond our control.

You are responsible for determining whether any of the Courses are right for you. We reserve the right to terminate or suspend your access to the applicable Course(s) at any time should we believe that it is not appropriate for you, or that further professional advice should be sought.

Any reference to other products or services, programs, courses, processes or other information appearing within the Course does not constitute or imply our endorsement, sponsorship or recommendation in any way.

COMPETITORS ARE EXCLUDED

You are not allowed under any circumstances to use or access any documents or content on our Site in any way that competes with our business. We reserve our right to exclude and not permit any person using this Site or accessing our documents, Course, in our sole discretion.

PRIVACY POLICY

When you apply to take part in the Course, and during your participation, you may be required to provide us with certain personal information (such as contact details) and sensitive information (such as information about your health or finances).

Your privacy is extremely important to us. We will only use your personal information in order to provide you with the Course Entitlements and to communicate with you about the Course. Where you wish to withdraw your consent from email communications, you may simply unsubscribe. Your information will be dealt with in accordance with our Privacy Policy, which is accessible here. 

ELECTRONIC SIGNATURE

You acknowledge and agree that you will be bound by any form of acceptance or agreement that is transmitted through this Site, including when you click on or tick “I agree”, “I consent”, or any or form of click to accept or tick options by electronic means using any electronic device such as your mobile phone, ipad, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand, or by purchasing and/or commencing the Course.

VALIDITY

Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. 

ASSIGNMENT

You cannot assign these Terms, or otherwise deal with the benefit of them or any rights under them, without our prior written consent. We reserve the right to assign or novate the Terms, or otherwise deal with the benefit of them or rights under them, without your consent.

ENTIRE AGREEMENT

These Terms constitute our entire agreement with you about the Courses and supersede all previous agreements, understandings and negotiations.

GOVERNING LAW AND JURISDICTION

The performance and enforcement of these Terms will accord with the laws in force in the State or Territory in Australia where we are located as indicated on our Site. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.