Disclaimer and Terms and Conditions of Use

Lash’d Eyelash Extensions Pty Ltd (ABN: 72 627 730 287)

trading as

International Lash Masters

Last updated March 30, 2021

 

In this statement and for the purposes of this course, Lash’d Eyelash Extensions Pty Ltd (ABN 72 627 730 287) is referred to as International Lash Masters or (ILM). These terms of us set out the role, rights and duties of the parties directly involved in ensuring the successful completion of any International Lash Masters Course (‘the Course’) and ongoing obligations to the International Lash Masters (‘the Organisation’). The parties commit to comply with the Organisation’s rules and practices.

The following terms, conditions and disclaimers relate to your participation in any of ILM events, seminars or training and the manuals/books, handouts/advice they provide in any shape or form. These terms and conditions and disclaimers are relevant to all ILM events including face to face courses and online, and self-paced learning. For the purposes of this disclaimer/T&C, and since registrants usually only register for only one event at a time, all events, seminars, and courses will be referred to as the “Course.”

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Lash'd Eyelash Extensions Pty Ltd, doing business as International Lash Masters ("International Lash Masters", “we”, “us”, or “our”), concerning your access to and enrolment in any course provided by ILM as well as any other media form, media channel, mobile website (internationallashmasters.com or Thinkific Platform to access ILM online Courses) mobile application related, linked, or otherwise connected thereto (collectively, our “Courses”, “Site” and "us"). You agree that by accessing our courses and its content, you have read, understood, and agreed to be bound by all our Terms of Use.

 

All course attendees must read, understand and agree to our Disclaimer and Terms and Conditions. Upon booking a course/purchasing manuals, this will confirm you have read and agreed to our Disclaimer and Terms and Conditions. By registering for the Course, you (the “Attendee”) signify your acceptance of and obligation to these terms and conditions, and disclaimers. If you have any objections to the following Terms, Conditions and Disclaimers then you are expressly prohibited from enrolling or participating in any of our courses and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be updated or modified from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of our course content and Site after the date such revised Terms of Use are posted.

 

The information provided in any course We provide is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our Courses or Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

 

INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, our Course and the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics within our Courses and on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Australia, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to access our Course and use the Site, you are granted a limited license to access and use the Courses and Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Apart from the uses specified in these terms, Course materials and other content on the Site may not be reproduced for any purposes, including commercial purposes, without prior written consent from us, except to the extent permitted under the Copyright Act 1968 (Cth). We reserve all rights not expressly granted to you in and to the Courses and the Site, the Content and the Marks.

We are committed to upholding the rights of copyright owners, and make every effort to contact copyright owners and request permission to reproduce and make available copyright material. If you believe that any content on this website may infringe your copyright or other intellectual property rights, please contact us at admin@internationallashmasters.com

 

DISCLAIMERS

To the extent that you acquire goods or services ILM as a consumer within the meaning of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute, where to do so would contravene that statute or cause any term of this agreement to be void

You acknowledge and agree that:

  • Whilst ILM make all endeavours to only publish material it has verified, ILM give no warranty (express or implied) or guarantee that information, services and materials contained in our Courses or on the Site are accurate, complete, or current.

  • It is your responsibility to contact an appropriate member of ILM if you have any questions about course suitability prior to enrolment.

  • The views expressed in course materials, including by presenters delivering audio and/or visual information, are to be considered the views of that presenter and may not necessarily be those of ILM.

 

 

PROHIBITED ACTIVITIES

 

You may not access or use our Course or the Site for any purpose other than that for which we make the Course or Site available. The Course or Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

 

As a Course Attendee or user of the Site, you agree not to:

 

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  3. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  4. Use any information obtained from the Site in order to harass, abuse, or harm another person.

  5. Make improper use of our support services or submit false reports of abuse or misconduct.

  6. Use the Course or Site in a manner inconsistent with any applicable laws or regulations.

  7. Use the Course or Site to advertise or offer to sell goods and services.

  8. Delete the copyright or other proprietary rights notice from any Content.

  9. Attempt to impersonate another user or person or use the username of another user.

  10. Sell or otherwise transfer your profile.

  11. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  12. Make any unauthorized use of the Course or Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

  13. Use the Course or Site as part of any effort to compete with us or otherwise use the Course and/or Site and/or the Content for any revenue-generating endeavour or commercial enterprise. Attendees must refrain from creating or producing any course under their own business name which emulates, shows similarities, copies, inspired by or achieves the same outcome as our Course.

  14. Engage in a way which uses our course content for their own business after enrolling in our services.

  15. Completes our Course for the sole purpose of copying or re-wording our content to produce their own course.

 

 

CONTRIBUTION LICENSE

 

You, ILM and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
 

By submitting suggestions or other feedback regarding the Course or the Site, you agree that we can use and share such feedback for any purpose without compensation to you. 

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Course and the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

 

GUIDELINES FOR REVIEWS

 

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have first hand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

 

SUBMISSIONS

 

You acknowledge and agree that any questions, assessments and assignments, tasks, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

 

ATTENDEE & SITE MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor Attendees and Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage our Courses and the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

 

MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of our Course at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Course. We also reserve the right to modify or discontinue all or part of the Course without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Course. 

 

We cannot guarantee the Course will be available at all times. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Course at any time or for any reason without notice to you. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

 

 

ATTENDEE CONDUCT

ILM requires all Attendees to be professional and respectful to our staff, location hosts, speakers, and other attendees throughout the Course, even during non-scheduled downtime and breaks. ILM reserves the right to ask the Attendee and/or their guests to leave the conference room/online course immediately should they be deemed rude, uncooperative, unprofessional, intoxicated or in possession of alcohol or any illegal substance. In such case, the Attendee’s tuition/fees for the Course will NOT be reimbursed under any circumstances and they will NOT receive any future products, services or correspondence from ILM. An Attendee who is asked to leave the Course will not receive any of ILM’s advertised bonuses or qualify for any offered satisfaction guarantee or any other written or implied guarantee.

 

LIABILITY WAIVER

While we take every possible measure to ensure safety of all Attendees at the Course, we cannot control every circumstance. The Attendee is legally responsible for their safety and any belongings and agrees to, and will be held legally liable for the following statements:

I, the willing Attendee of the Course, hereby accept all risk to my health and of my injury or death that may result from participating in the Course and I hereby release ILM and their officers, employees, interns, contractors, sponsors and representatives from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation at the Course, whether caused by the negligence of ILM, its governing board, officers, employees, or representatives or otherwise.  I further agree to indemnify and hold harmless ILM and all employees/contractors/officers and any third-party company from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while attending and participating in the Course.

 

Under no circumstances will ILM or employees/contractors/officers of ILM be held liable for my injury or death or any loss or damage of my personal belongings resulting from my participation in the Course. Should I require emergency medical treatment as a result of accident or illness arising during my attendance and participation in the Course, I consent to such treatment. I acknowledge and I agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. I will notify ILM verbally and in writing if I am at any time injured prior to, during, or after the Course in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that ILM is not legally obligated to act on that information in any way or to provide any medical service whatsoever to me. I agree that if I have any medical or psychological conditions that may hamper me from fully and healthfully participating in the Course that I will notify ILM in writing and that ILM retains the right to ask that I not participate in portions of or the entirety of the Course.

 

CONFIDENTIALITY AND NON-COMPETE

Attendee hereby understands that the tools, processes, strategies, materials and information presented in the Course are confidential, copyrighted, and proprietary to ILM and agrees not to record, duplicate, distribute, teach or train from the Course materials in any manner whatsoever without the express written permission of ILM. Any unauthorised use or distribution of these proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and ILM will pursue legal action and full damages if these terms are violated in order to protect its rights.

 

AUDIO/VISUAL RELEASE

Attendee understands that portions of the Course’s live events may be recorded in video and audio and/or captured in still and/or digital photographs by ILM. Attendee agrees that ILM and its assigns have the right and permission to use such recordings and photographs should they include Attendee’s name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification to the Attendee. Attendee understands and agrees that all recordings from ILM course and events are the exclusive rights of ILM and Attendee does not ask for or expect compensation for the use of recordings or photographs in which Attendee appears or speaks. ILM owns all rights of any audio, video, and/or photograph captured during the ILM’s Courses or at any of ILM other live events.

 

CANCELLATION NOTICE AND REFUNDS

Refunds for the Course will only be made if the course is cancelled completely. If the course is postponed the attendee will be refunded, if the dates unsuitable, minus materials costs, postage, and booking fees.

Cancellation of course booking must be made in writing (14) days prior to the scheduled Course. A non- refundable deposit will not be available for refund due to the arrangements made and costs to prepare your enrolment for the Courses. Any extra payment, if payment has been finalised or fully paid, will be refunded minus the non-refundable deposit.

If ILM cancels a Course for any reason, Attendees will receive a refund. ILM is not responsible for nor will it reimburse any travel/accommodation expenses the Attendee has incurred in the event of a cancelled Course.

ILM postpones or reschedules a Course for any reason and the Attendee is unable or unwilling to attend on the rescheduled date, the Attendee will receive a refund minus materials, postage costs, and booking fees.

ILM is not responsible for any loss or damage as a result of a substitution, alteration or cancellation, postponement or rescheduling of a Course. ILM shall assume no liability whatsoever in the event this Course is cancelled, rescheduled or postponed due to a fortuitous event, Act of God, unforeseen occurrence or any other event that renders performance of this Course impracticable, illegal or impossible. For purposes of this clause, a fortuitous event shall include, but not be limited to: war, fire, labour strike, extreme weather or other emergency.

Please note that while speakers and topics were confirmed at the time of publishing, circumstances beyond the control of ILM may necessitate substitutions, alterations or cancellations of the speakers and/or topics. As such, ILM reserves the right to alter or modify the advertised speakers and/or topics if necessary without any liability to the Attendees whatsoever. Any substitutions or alterations will be updated on ILM’s web page as soon as possible.

 

SAFETY DISCLAIMER

We’ve taken every effort to ensure we accurately represent our Course and its potential to help Attendees learn to be safe. However, there is no guarantee with our Courses, you yourself are responsible for your safety and knowledge. This Course provides only general advice.

The Attendee’s level of success in attaining the knowledge discussed in our Courses is dependent upon a number of factors including the Attendees skill, knowledge, ability, dedication, seamanship skills, practice, and on-going study. Because these factors differ according to individuals, ILM cannot guarantee Attendee’s level of success, safety, or knowledge attained. The Attendee alone is responsible for their actions beyond the completion of any ILM Courses.

To be clear: You, the Attendee, alone are responsible and accountable for your decisions, behaviours, actions, and your safety in ILM course. You agree not to attempt to hold us, ILM, liable for any decisions, behaviours, actions or results that you make or experience or any persons due to your participation in this Course at any time, under any circumstance.

 

REVIEW AND JURISDICTION

These Terms and disclaimers will be governed by and construed in accordance with the laws of Australia. Attendee agrees that any dispute that arises out of or relates to these Terms, Conditions and Disclaimers will be resolved via legally binding arbitration in the State of Victoria Australia at a time and location convenient ILM. If any of these Terms, Conditions and Disclaimers are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions.

 

 

GOVERNING LAW

 

These Terms shall be governed by and defined following the laws of Australia. Lash'd Eyelash Extensions Pty Ltd and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

 

 

DISPUTE RESOLUTION

 

You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the Australia courts. Lash'd Eyelash Extensions Pty Ltd shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.

 

 

CORRECTIONS

 

There may be information on the Course that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable lawyers’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Course or Site with whom you connected via the Course or Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

 

USER DATA

 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

 

 

MISCELLANEOUS

 

These Terms of Use and any policies or operating rules posted by us in our Course or on the Site or in respect to the Course or the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Course or Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

UPDATES

These Terms, Conditions and Disclaimers are subject to change at any time and at the sole discretion of ILM. Please visit our websites regularly for updates.

 

CONTACT US 

 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: 

 

Lash'd Eyelash Extensions Pty Ltd trading as International Lash Masters

admin@internationallashmasters.com