All material on this Site, in our Aurez Aesthetics Community, or otherwise provided by us, including (but not limited to) Site content, text, graphics, information architecture, and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial or personal use, obtaining our prior written permission is necessary for any use, copying, or reproduction. Modifying Our Content for any other purpose constitutes a violation of our copyright and other proprietary rights, and is strictly prohibited.
You acknowledge that the use of the Site or Our Content does not grant you any ownership rights.
The trademarks, logos, and service marks exhibited on our Site are the registered or unregistered trademarks of Aurez Aesthetics. These trademarks, whether registered or unregistered, should not be used in connection with any product or service that does not belong to Aurez Aesthetics, in any manner likely to cause confusion among customers, or in any manner disparaging Aurez Aesthetics.
Nothing found on this Site or in our Aurez Aesthetics Community should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our express written permission.
You agree that damages may be an inadequate remedy for a breach of these Terms and acknowledge that Aurez Aesthetics will be entitled to seek injunctive relief if necessary to prevent violations of its intellectual property rights.
OUR RIGHTS
We retain the entitlement, without the need for prior notice, to:
Initiate suitable legal measures, encompassing but not limited to, referral to or collaboration with law enforcement or regulatory agencies, or informing the aggrieved party of any illicit or unauthorised utilisation of the Website; and
Cease or suspend your access to the entirety or specific sections of the Website, with or without cause, which includes, but is not limited to, any infringement of these Terms of Service.
INDEMNITY
You indemnify us against any and all actions, suits, claims, demands, liabilities, costs, expenses, losses, and damages (including legal fees on a full indemnity basis) incurred or suffered by either you or us as a direct or indirect consequence of your use or attempted use of our information, products, services, or any breach by you or your agents of these Terms.
We explicitly disclaim all liability, to the fullest extent permitted by law and without limitation to your rights under the ACL and AHPRA regulations, for damages of any nature arising from the use, reference to, or reliance upon any information found within our Site, Aurez Aesthetics Community, or through the utilisation of our products or services.
APPLICABALE LAW
These Terms shall be interpreted in accordance with and governed by the laws of Victoria. You consent to the non-exclusive jurisdiction of the courts in Victoria to adjudicate any matter or dispute that arises between us.
DISPUTE RESOLUTION
In the event of a dispute arising between the parties concerning this Agreement, resolution procedures outlined in clause “Applicable Law” herein shall apply.
The party asserting the existence of a dispute must formally notify the other party involved in writing (referred to as the Second Party), providing details of the dispute.
If the dispute remains unresolved through mutual agreement within five working days from the receipt of the notice by the Second Party, either party may initiate mediation. The mediation shall be conducted by a mediator mutually selected within an additional five working days. In the absence of an agreement within that timeframe, the mediator shall be appointed by the current executive director of the Australian Commercial Disputes Centre Limited. The costs of the mediator shall be shared equally between the disputing parties. The chosen mediator's role is limited to determining the procedures for the mediation and does not include the authority to make any other determinations regarding the dispute.
Both parties are obligated to attend and participate in the mediation in good faith.
Should the mediation fail to yield a resolution within 10 working days of commencement, neither party is compelled to pursue further mediation under this clause. At this point, either party may initiate legal proceedings deemed appropriate to address the dispute.
This clause does not restrict a party from initiating legal proceedings to seek urgent interlocutory relief from a court or tribunal with jurisdiction, if, in the reasonable opinion of that party, such action is necessary to safeguard their rights.
Despite the presence of a dispute, controversy, or claim, the parties are required to continue fulfilling their obligations under the contract.
It is emphasised that this clause remains effective even after the termination of this agreement.
