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Non- Exclusive Licence Agreement

1. Acceptance

 

By ticking the box as indicated and by completing the purchase of the Melanie Marris Virtual Brow Masterclass – Series 1 you:

(a) acknowledge that you have read and understood these terms and conditions;
(b) signify your agreement to be bound by these terms and conditions hereinafter as the Customer; and
(c) warrant that you are at least 18 years of age or have your parent’s or guardian’s permission to buy from MMES.

 

2. Definitions

 

(a) Copyright means:
(i) any copyright under the Copyright Act 1968 (Cth);
(ii) any copyright under the law of a country other than Australia; and
(iii) rights in the nature of, or analogous, to the rights in clauses (a) and (b) including all future copyright and rights of a same or analogous nature to copyright.
(b) GST means Goods and Services Tax in Australia determined in accordance with the A New Tax System (Goods and Services Tax) Act 1999.
(c) Materials means the Melanie Marris Virtual Brow Masterclass – Series 1.
(d) Licence Fee means the fee payable by the Customer for access to the Materials as advertised by MMES through the Website from time to time.
(e) MMES means Melanie Marris Eyebrow Stylist Pty Ltd (ACN 606 315 824).
(f) Customer means any natural person who has purchased access to the Materials and agreed to these terms and conditions prior to the purchase.
(g) Website means the web address at www.melaniemarriseyebrowstylist.com.

 

3. The Licensor

 

MMES is the creator and holder of all Copyright and intellectual property relating to the Materials and reserves the right to periodically and unilaterally change or update the Materials and these terms and conditions. MMES is under no obligation to notify the Customer of any changes to the terms, although may from time to time make attempts to notify the Customer.

 

4. Acknowledgement of Copyright

 

The Customer acknowledges that the Materials are the property of MMES and are protected by Australian and international copyright laws and remain the intellectual property of MMES.

 

5. The Licence

 

(a) Subject to the payment by the Customer of the Licence Fee to MMES, MMES agrees to grant the Customer a limited use non-exclusive licence for the use of the Materials on the terms contained herein (“the Licence”).
(b) The Licence shall not come into effect until such time as the Licence Fee has been paid to the MMES in cleared funds.

 

6. Access to the Materials

 

(a) Prior to completing the purchase of the Licence the Customer will be required to create an account through the Website.
(b) Accounts can only be created for individuals who are natural persons and are created for the named individual only. Accounts may not be sold or transferred to another person and may be cancelled or updated by MMES at any time through the Website.
(c) All information provided to MMES in creating the account must be true and correct and the Customer must not have more than one active account at any time.
(d) Upon creation of the account and completion of the purchase the Customer will be granted access to stream the Materials via the Website using their account details. For the avoidance of doubt the Customer will not be provided with any physical products.
(e) Viewing and streaming of the Materials will be made available to the Customer through the use of third party hosts such as Vimeo and MMES reserves the right to change or modify the third party host from time to time without notice to the Customer.
(f) The rights granted to the Customer under the Licence are limited to the right by the Customer only access his or her account to view the Materials in a private setting or location for his or her own personal use. The Licence is for the viewing by the Customer only and any other persons wishing to view the Materials must apply to MMES separately for their own individual account and licence.
(g) For the avoidance of any doubt the Licence does not permit the Customer and the Customer warrants that he or she will not under any circumstances:
(i) permit, allow or grant access to any person other than the Customer to access their account or view the Materials;
(ii) archive, reproduce, distribute, modify, publicly display, perform, publish, license, create derivative works from, offer for sale, or use any of the Materials; or
(iii) broadcast, publish, or make available for viewing any of the Materials in any public or commercial settings including for the purpose of staff training.

 

7. Purchases

 

(a) All transactions for purchase of the Licence are made through payment gateways such as Stripe or Paypal.
(b) Please read the terms and conditions for the payment gateway chosen for the transaction as they are responsible for any transactions made and are liable for any loss or damage you may suffer as a result of using the third party payment gateway.
(c) All payment amounts are represented in AUD as this is the currency of MMES’s host country.
(d) All prices (the Licence Fee) advertised on the Website are stated as inclusive of GST unless specifically stated otherwise and as such GST will be charged on the purchase of the Licence. Any changes in the rate of GST will be automatically applied to the Licence Fee.
(e) For Customers residing in countries other than Australia, an additional sales tax as applicable to his or her country of residence will be applied on the Licence Fee at checkout and before finalisation of the purchase.
(f) Once the Customer successfully completes a purchase the Customer will be redirected back to the Website and will be able to access the Materials using the Customer’s account.

 

8. Tax, duty and customs charges

 

(a) Any Customers located internationally may be required to pay tax, duty and/or custom charges in accordance with the laws applicable in their country of residence.
(b) All taxes and customs charges are the responsibility of the Customer and are not included in the cost of purchase. Taxes and customs charges differ depending on the state and country of residence of the Customer. We suggest contacting your local customs office if you are unsure of the applicable taxes and customs fees that are relevant to you. MMES is not responsible for any additional taxes and customs charges that are required on top of the purchase price and the Customer agrees to indemnify MMES against any such taxes and customs charges imposed on MMES in respect to the purchase of the Licence.

 

9. Returns & Refunds

 

(a) Due to the mature of the Materials, MMES does not accept any change of mind returns after the completion of the purchase of the Licence.
(b) The Australian Consumer Law contains certain consumer rights and guarantees which cannot be excluded in Australia and which may be relevant to the Customer’s purchase of the Licence. If the Customer wishes to make a claim for a refund or return under the Australian Consumer Law or to raise any issues or concerns with the Materials the Customer can contact MMES through the Website.

 

10. No Assignment

 

The Customer must not assign all or any of its rights given to it under this agreement without the prior written consent of MMES, which consent MMES may grant or not in its absolute discretion.

 

11. Liability Disclaimer

 

(a) The products demonstrated in the Materials have been developed specifically for the application to the eyebrow area and are used and applied in accordance with the product manufacturer’s directions.
(b) The Materials demonstrate the application of heated wax on or around the eyebrow area. Care should be taken to ensure that the wax used by the Customer or user is heated to a temperature that is suitable for the application to the brow area in accordance with the product manufacturer’s directions. MMES advises that the Customer or user first test the temperature of the wax prior to application to the brow area or skin.
(c) The Materials demonstrate the use of eyebrow tints. The Customer or user must ensure that they follow the product manufacturer’s directions in the use of any eyebrow tints and in particular to avoid applying eyebrow tints directly after waxing, to avoid getting eyebrow tints into the pores.
(d) The Customer acknowledges that MMES is not responsible for any loss or damage or consequential loss resulting from or in any way connected with the use of the techniques demonstrated in the Materials or the use of any products demonstrated in the Materials (including but not limited to any wax or eyebrow tinting products) whether those products are used or applied in accordance with or contrary to the manufacturer’s directions and the Customer agrees to discharge MMES of all liability for any and all claims and causes of injury, loss or damage or consequential loss to the extent permitted by law.
(e) For the avoidance of doubt where the Customer is a resident of Australia these terms may be subject to the Australian Consumer Law and as such the Customer may be entitled to additional rights and remedies which cannot be excluded by these terms and conditions.

 

12. No Formal Accreditation Granted

 

The Customer acknowledges that by viewing the Materials the Customer will not obtain any formal or government approved accreditation in respect to the provision of professional eyebrow styling, waxing or tinting services. Prior to providing any eyebrow styling, waxing or tinting professional services the Customer must obtain the formal accreditation as is applicable in their State or jurisdiction from time to time and cannot rely on the Materials for that purpose.

 

13. Termination

 

In the event that the Customer breaches any term of this agreement MMES may terminate the Licence effective immediately and will be entitled to claim damages or seek injunctive relief as appropriate. MMES is not required to notify the Customer of termination although may make attempts to notify the Customer.

 

14. Indemnity

 

The Customer hereby agrees to defend, indemnify and hold MMES and any related body corporate and personnel harmless from and against any and all claims, liabilities, judgments, penalties, and taxes, civil and criminal, and all costs, expenses (including, without limitation, reasonable legal fees) arising out of or relating to any breach or alleged breach of any agreement or warranty by the Customer.

 

15. Jurisdiction

 

This Agreement is subject to the laws Western Australia. The courts of Western Australia have exclusive jurisdiction over any disputes arising in respect of this Agreement.

 

16. Severance

 

If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

 

17. No waiver

 

Failure to exercise, or any delay in exercising, any right, power or remedy by a party does not operate as a waiver. A single or partial exercise of any right, power or remedy does not preclude any further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

 

 

Copyright © of Melanie Marris Eyebrow Stylist Pty Ltd (ACN 606 315 824) 2018