1. About the Website

1.1. Welcome to www.ashleighfenton.com (Website). The Website provides you with an opportunity to browse the services offered by Ashleigh Fenton (Services) and to purchase a personalised skincare regime product delivered digitally (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).  The Website also provides you with the opportunity to access and download free digital products that may be available from time to time (Eproducts), and to access the information published on Ashleigh Fenton’s journal (Journal).

1.2. The Website is operated by Ashleigh Fenton (abn: 94 541 166 587). Access to and use of the Website, or any of its associated Products, is provided by Ashleigh Fenton. 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. Ashleigh Fenton reserves the right to review and change any of the Terms by updating this page at its sole discretion. 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.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website.

3. Registration to use the Purchase Services

3.1. In order to access the Purchase 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 Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):

(a) Name

(b) E-mail Address

(c) Password

(d) Physical Address

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

3.3. 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 Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Ashleigh Fenton; or

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

4. Your obligations as a Member

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

4.2. You will use the Purchase 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 Purchase Services;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Ashleigh Fenton 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 Ashleigh Fenton providing the Purchase Services;

(f) you will not use the Purchase 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 Purchase Services. Appropriate legal action will be taken by Ashleigh Fenton for any illegal or unauthorised use of the Website; and

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

5. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Products through the Website, you will agree to the payment of the purchase price listed on the Website for the Products (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 Purchase 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. Following payment of the Purchase Price being confirmed by Ashleigh Fenton, you will be issued with a receipt to confirm that the payment has been received and Ashleigh Fenton may record your purchase details for future use.

5.5. 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.

5.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) 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 Australia, GST is inapplicable.

6. Delivery – Products and Eproducts

6.1. Products and Eproducts are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact hello@ashleighfenton.com.

6.2. Ashleigh Fenton will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Product or Eproduct.

7. Refunds and Returns

Ashleigh Fenton does not provide refunds for Products or Eproducts. Please keep this in mind when making a purchase.

8. Warranty

8.1. Ashleigh Fenton will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Ashleigh Fenton makes no warranty that the Products will meet your requirements or that all clients will achieve the same results.

8.2. The Products come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Products, you are entitled to cancel your contract with Ashleigh Fenton and are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian 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.

9. Disclaimer

9.1. You are solely responsible for creating and implementing Your own health decisions, choices, actions and results arising out of or resulting from the Products and interactions with Ashleigh Fenton. As such, You agree that Ashleigh Fenton is not and will not be liable or responsible for any actions or inaction, including effects on Your health, skin, or personal life or for any direct or indirect result of any Products provided by Ashleigh Fenton.

9.2. You understand that the Products and any information You receive through Your involvement with Ashleigh Fenton or through any materials and documents provided to You are not a substitute for health, medical, dermatological or related professional advice. Ashleigh Fenton recommends You seek independent medical or dermatological advice before relying on any information, tools, case examples, or guidance provided through the Products. Ashleigh Fenton will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.

10. Information Disclaimer

10.1. Any information, advice, content or documentation provided on the Website, through the Products, Eproducts and Journal, social media accounts, or on any other related platform do not constitute professional, medical or dermatological advice, and are provided for general information and guidance purposes only.

10.2. All care is taken in the preparation of the information and published materials on the Website, through the Products, Eproducts, Journal social media accounts, podcast, or on any other related platform. Ashleigh Fenton does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

10.3. To the extent permissible by law, Ashleigh Fenton 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 Products, Eproducts, Journal, social media accounts or on any other related platform.

11. Copyright and Intellectual Property

11.1. The Website, the Products and all of the related material and content of Ashleigh Fenton are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Products 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 Products are owned or controlled for these purposes and are reserved by Ashleigh Fenton or its contributors.

11.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Ashleigh Fenton, 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.

11.3. Ashleigh Fenton does not grant you any other rights whatsoever in relation to the Website or the Products. All other rights are expressly reserved by Ashleigh Fenton.

11.4. Ashleigh Fenton retains all rights, title and interest in and to the Website and all related Products. 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.

11.5. You may not, without the prior written permission of Ashleigh Fenton 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 Products or third party Products 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.

12. Privacy

Ashleigh Fenton takes your privacy seriously and any information provided through your use of the Website and/or Products is subject to Ashleigh Fenton's Privacy Policy, which is available on the Website.

13. General Disclaimer

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

13.2. 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) Ashleigh Fenton 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 Products or these Terms (including as a result of not being able to use the Products or the late supply of the Products), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

13.3. Use of the Website and the Products is at your own risk. Everything on the Website and the Products 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 Ashleigh Fenton make any express or implied representation or warranty about the Products or any products or Products (including the products or Products of Ashleigh Fenton) 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 Products, or any of its Products related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Products or any of the products of Ashleigh Fenton; and

(d) the Products or operation in respect to links which are provided for your convenience.

14. Third Party Services

The Products may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Ashleigh Fenton does not control any Third-Party Services. Ashleigh Fenton 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 Ashleigh Fenton 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.

15. Limitation of liability

15.1. Ashleigh Fenton's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you

15.2. You expressly understand and agree that Ashleigh Fenton, 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.

16. Mailing List Registration

16.1. You may be given the option to register for the Ashleigh Fenton Mailing List (Mailing List).

16.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address

(b) Name

16.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Ashleigh Fenton.

17. Indemnity

17.1. You agree to indemnify Ashleigh Fenton, its affiliates, employees, agents, contributors, third party content providers and licensors from and against.

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.

18. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.

19. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Victoria, Australia.

20. Independent Legal Advice

Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.

21. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.