Ageless Goddess Subscription
Please read these terms and conditions and a subscription form follows.
This Subscription Agreement is made between:
1. Coastal Goddess Pty Ltd ACN 647 990 458 of 16 High Street, Saratoga NSW 2251; and
2. The person named in Item 1 of the Schedule.
In this agreement, the following words have the following meanings:
(a) Fees means the Joining Fee and the Monthly Fee.
(b) Force Majeure Event means any occurrence or omission as a direct or indirect result of which the party relying on it is prevented from or delayed in performing any of its obligations under this agreement and which is beyond the reasonable control of that party and could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
(c) Joining Fee means the fee set out in Item 4 of the Schedule.
(d) Monthly Fee means the fee set out in Item 5 of the Schedule.
(e) Services means the services to be provided by us to you under this agreement as set out in Item 3 of the Schedule.
(f) Term means 12 months from the date of this agreement as set out in Item 2 of the Schedule.
(g) We, Us or Our means Coastal Goddess Pty Ltd ACN 647 990 458 and its successors and assigns.
(h) You or Your means the person named in Item 1 of the Schedule.
2.1 We offer to provide the Services to you in consideration for you paying the Fees to us.
2.2 We will agree with you on the time, date and place for the performance of the Services, subject to the availability of our staff.
2.3 It is your responsibility to contact us to book in a suitable time, date and place for performance of the Services.
2.4 If you fail to attend an appointment or you cancel without giving us at least 24 hours’ notice then we may refuse to perform any further Services (or any part of the Services).
2.5 The Services are available for you to utilise during the Term. If you do not utilise all or any part of the Services during the Term for any reason, you are not entitled to any refund of the Fees and you forfeit the right to receive the Services.
2.6 The Services will be performed by our employees or agents that we choose as most appropriate to carry out the Services.
2.7 After the expiry of the Term, we continue to offer to provide the Services to you in consideration for you paying the Monthly Fee. If you no longer wish to receive the Services after the expiry of the Term, you must give us 30 days’ notice to cancel this agreement.
3.1 In consideration for making available the provision of the Services to you in accordance with this agreement, you must pay to us the Fees as follows:
(a) The Joining Fee on the date of this agreement; and
(b) The Monthly Fee each month.
3.2 You must pay the Monthly Fee to us by authorising us to direct debit a bank account of yours nominated by you. The Monthly Fee is payable on the first day of each month during the Term.
3.3 You acknowledge that the Fees are inclusive GST.
3.4 We are entitled to vary the Monthly Fee at any time after the initial 12 month period, upon giving you 14 days’ notice.
3.5 If You fail to pay the Monthly Fee within 14 days of the due date, we are entitled to do any or all of the following:
(a) charge interest on the outstanding amount at the rate of 10% per annum, accruing daily;
(b) require you to pay, in advance, for any Services (or any part of the Services) which have not yet been performed; and
(c) not perform any further Services (or any part of the Services).
4. Your obligations
4.1 You must:
(a) cooperate with us as we reasonably require; and
(b) provide us with all information and documentation that we may reasonably require; and
(c) disclose to us all information and documentation that may be relevant to the provision of the Services to you.
5. Warranties, liability and indemnities
5.1 We warrant that we will use reasonable care and skill in performing the Services as required by any applicable laws that cannot be contracted out of.
5.2 We provide no warranty that any result or objective can or will be achieved or attained as a result of the performance of the Services.
5.3 You are responsible for consulting with your health care or medical practitioner in relation to the suitability or use of the Services before entering into this agreement.
5.4 You acknowledge that you will make your own enquiries about the suitability of the Services for you.
5.5 If you suffer any adverse reaction to the Services, you are responsible for consulting a medical practitioner. You must notify us within a reasonable time after you suffer any adverse reaction.
5.6 Our liability for failure to comply with any consumer guarantee under the Australian Consumer Law is limited to any of the following at our choice:
(a) the supply of the Services again; or
(b) the payment of the cost of having the Services supplied again; or
(c) refund of the Fees.
5.7 We are not liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the agreement, except to the extent that such liability may not lawfully be limited or excluded. For the avoidance of doubt, this extends to our employees, contractors, agents, representatives, licensees and permitted assigns.
5.8 We are not liable to you in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you as a result of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill. For the purposes of this sub-clause, consequential loss or damage means any loss that does not arise naturally and according to the usual course of things as a result of a breach of this agreement or other event giving rise to such loss, whether or not such loss may reasonably be supposed to have been in the contemplation of the parties at the time they made this agreement.
5.9 Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the Fees paid by you to us under this agreement.
5.10 This clause survives termination or expiry of this agreement.
6.1 This agreement continues until one party gives the other party notice of at least 30 days to terminate the agreement. You cannot terminate the agreement until after the expiry of the Term, unless agreed upon in extenuating circumstances.
6.2 We may terminate this agreement early by notice in writing to you in the following circumstances:
(a) You breach any term of this agreement and fail to rectify that breach to our satisfaction within 7 days’ notice of the breach being served on you, or the breach is incapable of rectification;
(b) At our option by giving you 14 days’ notice in writing.
6.3 If we terminate the agreement pursuant to clause 6.2(a), you must pay for all of the Services performed to the date of the termination at the prices we have advertised, or if none, then reasonable fees, less the Fees you have paid to the date of termination. If the Fees exceed this amount then you are not entitled to any refund of the Fees.
7.1 We may amend the terms of this agreement after the initial 12 month term, upon giving you 14 days’ notice in writing.
7.2 We may assign and transfer all our rights and obligations under this agreement to any person, provided that the assignee undertakes in writing to you to be bound by the obligations of us under this agreement.
7.3 You cannot assign or transfer any or all of your rights and obligations under this agreement unless you have our prior written consent.
7.4 This agreement contains the whole agreement between the parties in respect of the subject matter of the agreement.
7.5 Each of the parties acknowledge that, in entering into this agreement, they do not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement. Any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
7.6 No failure or delay by us in exercising any right, power or privilege under this agreement will impair or operate as a waiver of the same nor may any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
7.7 The rights and remedies provided in this agreement are cumulative and not exclusive of any rights and remedies provided by law.
7.8 Each party must do all things reasonably necessary to carry out the provisions of this agreement.
7.9 If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and will not in any way affect any other circumstances of or the validity or enforcement of this agreement.
7.10 A notice or other communication connected with this agreement has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by pre-paid post to the address of the addressee as set out in this agreement, or sent by email to the email address of the addressee.
7.11 This agreement takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in NSW, Australia. The parties submit to the non-exclusive jurisdiction of the courts of NSW, Australia.
Item 1 – You
Details supplied during Stripe checkout.
Item 2 – Commencement Date
To be determined.
Item 3 – Services
(a) Anti-wrinkle treatment using the product “Dysport” to the following areas which in our opinion we consider is appropriate for you:
(i) Glabellar to address frown lines;
(ii) Orbicularis oculi to address crows feet; and
(iii) Frontalis to address forehead lines.
(b) We will provide you with the treatment referred to paragraph (a) based on our opinion of how many treatments we consider is appropriate for you. We base our opinion on the return of muscle movement in the areas that we have previously treated you. We estimate that you will need about 3 or 4 treatments during a 12 month period.
Item 4 – Joining Fee
$250 (inclusive of GST)
Item 5 – Monthly Fee
$99 (inclusive of GST) per month for the first 12 months of this agreement and then
$129 (inclusive of GST) each month thereafter
By completing and submitting the following form you acknowledge and agree to the terms of this Subscription Agreement, you will be taken to a Stripe checkout page to complete your subscription, and please ensure you add the Sisterhood joining fee for your order to be processed: