Thank you for choosing Ashleigh Fenton.

These terms and conditions govern your purchase (Terms and Conditions)

By clicking “accept” you agree to these Terms and Conditions.

1. Purchase Services

1.1. 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 or services is provided by Ashleigh Fenton.

1.2. 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 (Product/s).

1.3. You have agreed to purchase Products through the Website.

1.4. These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and Product information page (Information Page) of the Website.

2. Acceptance of the Terms and Conditions

You accept these Terms and Conditions by clicking to accept or agree where indicated and by proceeding with your purchase.

3. Personal Information

3.1. When purchasing the Products, you will be required to provide personal information such as your full name, password and e-mail address.

3.2. You agree that all details that you have provided in completing the purchase are true and correct.

3.3. Your personal information is kept in accordance with the Ashleigh Fenton Privacy Policy (Privacy Policy) which is available on the Website.

4. Registration to use the Purchase Services

4.1. 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

4.2. 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.

4.3. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by these Terms and Conditions.

4.4. You may not use the Purchase Services and may not accept the Terms and Conditions 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.

5. Your obligations as a Member

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

5.2. You will use the Purchase Services only for purposes that are permitted by:

(a) the Terms and Conditions;

(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.

6. Purchase of Products and Returns Policy

6.1. 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).

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

6.3. 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.

6.4. 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.

6.5. 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.

6.6. 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.

7. Delivery

7.1. Products 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.

7.2. 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 Products

8. Refunds and Returns

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

9. Warranty

9.1. 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.

9.2. 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.

10. Disclaimer

10.1. 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.

10.2. 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.

11. Information Disclaimer

11.1. Any information, advice, content or documentation provided on the Website or through the Products do not constitute professional, medical or dermatological 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 and through the Products. Ashleigh Fenton 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, 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 or through the Products.

12. Liability and waivers

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

12.2. A waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

12.3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms and Conditions does not amount to a waiver.

13. Copyright and Intellectual Property

13.1. 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.

13.2. 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 and Conditions;

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

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

13.3. 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.

13.4. 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.

13.5. 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 and Conditions. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

14. Dispute Resolution & Mediation

If a dispute arises out of or relates to the terms of these Terms and Conditions, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed and attend a mediation. 

15. Governing Law & Jurisdiction

These Terms and Conditions are governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to the Purchase Services or the Products, the parties agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.

16. No partnership or agency

Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

17. Assignment

These Terms and Conditions may not be assigned without the consent of both parties.

18. Variation

These Terms and Conditions may not be changed or modified in any way except in writing.

19. Severance

Any provision of these Terms and Conditions, which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.

20. Entire Agreement

These Terms and Conditions constitute the entire agreement of the parties in respect of the matters dealt with in these Terms and Conditions and supersede all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in these Terms and Conditions.