Terms of Use

INTRODUCTION 


This Agreement between you (Client) and Katie Winkler Makeup Artist Pty Ltd 33 130 861 807 (We, Our, Us, Service Provider) and is made up of these General Terms and Conditions (T&Cs) and the advertised Programs (Program), along with our Website Terms and Conditions, Privacy Policy and any subsequent or updated Program as agreed upon from time to time. If there is any inconsistency between the T&Cs and the Program, the content of the Program will prevail to the extent of the inconsistency. Any variation to the Program must be mutually agreed upon in writing.  

The Agreement will come into effect on the Date of Purchase, Commencement Date and continue for the Term. Subject to the nature of the Services being provided, additional special conditions may apply as set out in the Program. Both parties will ensure that they hold appropriate insurance where applicable, and agree to comply with all Applicable Laws, both during and following the Term.  

You acknowledge that by accessing the services or making any payment to us, you have read and understood the T&Cs and Program prior to acceptance and have had an opportunity to seek professional and/or legal advice should you require clarification on any aspect of the Agreement.

If you do not agree with these T&Cs, please do not proceed to purchasing.  

 

SERVICE PROVIDER OBLIGATIONS  

We agree to perform the Services for the Agreed Purpose as outlined in the Program to the best of our ability in a professional manner and in accordance with generally accepted industry practice and standards. The total scope of the Services is as set out in the Program, along with the Key Dates for delivery. If services outside of scope are required, you will be quoted separately.

The advice and recommendations we provide are based on personal knowledge, opinions and experience and should not replace the advice of a financial advisor. We do not offer professional legal, financial or psychological advice and make no offers nor guarantees regarding your earnings, business profit, marketing performance, audience growth or results of any kind. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We may, from time to time on our Site, present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.  

 

CLIENT OBLIGATIONS  

You warrant that you are over the age of majority in the jurisdiction from which you are accessing the services and have the legal capacity to enter into a legally binding contract. You acknowledge that you are solely responsible for determining whether our Services are appropriate for you and by following any of the advice provided to you, you agree to do so at your own risk. You agree to provide us with all relevant Client Information we request from you, and any other information we reasonably require in order to be able to perform the Services. You acknowledge and agree that we will rely upon the information you provide to us and will be solely responsible for proactively updating any Client Information as soon as reasonably practical during the Term of the Program to ensure continuity of Service. This includes, but is not limited to:  

  1. your contact information changes;  
  2. your payment method expires; or  
  3. any other information which may impact on the delivery of our Services to you.  

 

You further acknowledge that you:  

  1. are not to use the Services to diagnose or treat any mental or physical health concern or issue;  
  2. must not be under the influence of drugs or alcohol while the Services are being performed;  
  3. will provide accurate and complete information to the best of your knowledge and understanding;  
  4. will communicate honestly, be open to feedback and suggestions, and fully engage with the Services to the best of your ability;  
  5. are solely responsible for implementing any strategies and techniques discussed during provision of the Services; and  
  6. will ensure punctual attendance at all sessions that form part of the Services.  

You are encouraged to attend sessions live, however if you are unable to do so, this does not constitute non-performance of the Services by us as all replays will be made available to you within 24 hours after each live session and you will still receive the benefit of the information disseminated at that particular session.   
 
Client Information means all information and materials provided by you to us for use in the performance of the Services and/or incorporation into the Deliverables as specified in the Program.  

 

FEES & PAYMENT TERMS 

You may nominate to pay the Fees specified in the Program via a single or multi instalment payment plan (equal monthly payments in advance for the duration of the Term). Multi instalment payment plans may be facilitated by third party provider or by us directly.  

By enrolling in The Makeup Artist Upgrade Membership, you will be required to pay a non -refundable Deposit to secure your spot within the program. If you wish to delay the start date, you must provide us with a minimum of 14 days’ notice, otherwise an Admin Fee may apply.   

All Fees will be payable via credit card on the Payment Dates set out in the Program.  

You agree that any overdraft charges or fees charged by your bank or Credit Card Company are your responsibility.   

If you do not pay us any portion of the Fees within the stipulated timeframe, or if a transaction fails and is required to be re-processed, we may charge you a Late Payment Fee as set out in the Proposal. If unpaid Fees are recovered through an external agency, you acknowledge that you will be responsible for the costs involved in the recovery.  

We will contact you in 12 hours, 24 hours and 48 hours to follow up any late payments. In the instance of payments that are overdue by 7 days, we reserve the right to terminate the agreement and cease services in accordance with clause 7.   

If you wish to change your payment plan at any time during the Term, you may make this request in writing to us and agree that: 

  1. You must not have any outstanding payments at the date of the request;  
  2. You may be charged an Admin Fee; and  
  3. Changes are granted at our sole discretion.  

Given the exclusive nature of this 12 month membership, if you wish to cancel your payment plan at any time during the Term, you may make this request in writing to us. All current payments must be in good standing order and you agree that you will need to pay 50% of the remaining balance of the Fees in full once your request has been approved.  


 

INTELLECTUAL PROPERTY

The Services and Deliverables provided to you in accordance with this Agreement contain intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images. designs, text, videos, audio files, graphics, other files, and software (“Content”). Your access to and use of our products (including digital products) and services does not grant or transfer any rights, title or interest to you in relation to any of the above.  

“Intellectual Property” means all current and future registered and unregistered rights in respect of patents, copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, inventions (including patents), domain names, discoveries, data, databases, business strategies, digital products, templates, and all other rights resulting from intellectual activity, whether created before or after the Commencement Date and whether in Australia or otherwise, that is connected with the products or services of the Service Provider or is invented, created, produced and/or conceived by the Service Provider (independently or jointly with a third party) in the course of their engagement under the Agreement.  

 

NO COMMERCIAL USE

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our products, services, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our products and services, without refund, if you are found to be violating these Terms and seek legal remedies.  

 

LIMITED LICENCE

We may offer digital products on our website from time to time. Where you download our digital products (including checklists, guides, eBooks, video or audio content) (“Digital Products”) or access our Content, you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these Digital Products or our Content to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.  

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including any Digital Products and Content) in any manner whatsoever except as authorised by us.  This license shall automatically terminate if you violate any of these restrictions and may be terminated by Us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any copied/downloaded materials in your possession whether in electronic or printed format.   

   

CONFIDENTIALITY AND PRIVACY

Each party agrees that, unless it has the prior written consent of the other party, it will:  

  1. keep the Confidential Information of the other party confidential at all times;  
  2. ensure that any person to whom Confidential Information is disclosed is aware of and complies with this clause; and  
  3. where there is prior consent, inform the other party of any proposed disclosure, including the form of disclosure, within a reasonable timeframe.  

These obligations of confidentiality do not apply to any disclosure that:  

  1. is for the purpose of performing the Agreement or exercising a party’s rights under the Agreement;  
  2. is required by Applicable Law; or  
  3. relates to Confidential Information that is publicly available through no fault of the receiving party or was rightfully received from a third party without restriction and without the breach of any obligation of confidence.  

Any Confidential Information supplied to us that incorporates personal information will be dealt with in accordance with our Privacy Policy, which is available on our website.  
 
Confidential Information means information of a confidential nature, including information about a party’s business, operations, strategy, administration, technology, affairs, clients, customers, employees, contractors or suppliers, and the terms of the Agreement, but does not include any information in the public domain (other than through a breach of confidence).  

  

WARRANTIES & INDEMNITIES

The Services are provided on an “as is” basis, without representation, warranty or condition of any kind (either express or implied). The nature of certain Services means that we are unable to guarantee particular results, and any examples of Services provided to other clients is a representation of potential results only. Any results achieved through your participation in the Services will vary depending on a range of factors beyond our control.  

The information we provide through our Services does not constitute professional financial advice, regardless of whether we are licensed professionals of any type. We cannot be held liable for any action taken by you in reliance on the information we provide. You agree to consult with the relevant licensed professional/s prior to taking any action. Any express or implied warranty or condition relating to the Agreement or its subject matter that are not contained in the Agreement are excluded to the maximum extent permitted by law. Nothing in the Agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any law that cannot be lawfully excluded, restricted or modified. If any warranty or condition is implied into the Agreement and cannot be excluded, our liability is limited to resupplying the Services or payment of the cost of having the Services resupplied. You agree to indemnify and hold us and our employees harmless from all claims and losses (including any third party losses) arising from damage, liability, injury or infringement that arise out of any breach of your obligations under this Agreement, any information you supply to us, or any information provided to you through our website, social media platforms or the Services we perform for you.  
 

Neither party will be liable or held in breach of the Agreement for any failure to perform its obligations to the extent that said failure is caused by the other party’s noncompliance, negligence or misconduct. Neither party will be liable to the other for any loss or damage arising out of the Agreement, whether foreseeable or not and however caused, with the exception of confidentiality and indemnification obligations. We will not be liable for any loss or damage suffered by a third party in connection with the Agreement. Each party agrees to take reasonable steps to mitigate any loss, damage or expense it may suffer or incur, arising out of anything done or not done by the other party in connection with the Agreement.  
 

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our products or services, your inability to access our products or services interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date.  

Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) and (including under indemnity) is capped to the return of all Fees paid in the 12 months preceding the liability event and will be reduced to the extent that your acts or omissions contribute to or cause the liability.  

 

PAUSING SERVICES

We reserve the right to cancel the Services, or reschedule them at a mutually convenient time, for any reason. If the Services have been cancelled by us and not rescheduled, we will refund the Fees paid for the cancelled portion of the Services. We will not be liable for any failure to perform the Services to the extent that it is caused by your noncompliance with your obligations under the Agreement. If we are delayed or prevented from performing the Services or meeting the Key Dates, either due to your noncompliance with your obligations or a Force Majeure Event, we reserve the right to reschedule the Key Dates. If we are unable to reschedule the Key Dates due to a Force Majeure Event, this shall not be deemed a breach of the Agreement. If we are unable to perform the Services for any reason and are unable to reschedule the Key Dates, you are entitled to terminate the Agreement and receive a full refund of Fees paid, less deductions for Services already performed.  

 

Force Majeure Event means illness, injury, emergency, pandemic, epidemic, war, act of God, sudden event or other circumstance beyond our control.  

 

The Makeup Business Upgrade members may be able to pause all services within the Program by notifying us in writing at least 30 days’ notice prior to the intended date for commencement of the pause.  A Pause may be for a minimum of 1 week and a maximum of 8 weeks (in total) for the Term of the Agreement. When the Services recommence, the original program will continue, with the Term increased by the number of paused weeks in total. During the pause, you agree that:  

  1. your access to any Services and Deliverables will be temporarily suspended; and  
  2. for the duration of the Pause, your payment obligations will be temporarily suspended;  

Late/Failed Payment Fee is $4.99 AUD 

 

TERMINATION, CANCELLATION & REFUNDS

We may terminate the Agreement with immediate effect if:  

  1. you do not pay the Fees [by the Payment Dates/within the specified timeframe];  
  2. you fail to provide the Client Information 
  3. or other information within a reasonable time of our request;  
  4. you otherwise breach any obligation under the Agreement;  
  5. we consider that mutual trust or confidence no longer exists; or  
  6. we determine that we are no longer able to perform the Services for any reason.  
      

If we terminate the Agreement in accordance with clause 7.1(e), we will, at our sole discretion:  

  1. complete all work for which you have paid the associated Fees; or  
  2. refund Fees paid for work not yet performed, or not able to be performed as a result of termination.  
     

Either party may terminate the Agreement for any reason on providing 30 days’ written notice, or immediately if the other party:  

  1. is unable to meet their obligations due to a Force Majeure Event for a period exceeding 30 days;  
  2. commits a material breach of the Agreement that is capable of remedy, and fails to remedy it within 7 days;  
  3. commits a material breach of the Agreement that is not capable of remedy; or  
  4. enters liquidation or administration or becomes insolvent or bankrupt.  
      

If the Agreement is terminated:  

  1. our obligation to perform the Services will cease;  
  2. you must immediately pay all Fees payable for the work completed at the date of termination;  
  3. provided you have paid all Fees due, we will provide you with all work completed up to the date of termination that comprises the Services;  
  4. any Fees paid for Services not yet performed may be refunded at our sole discretion; and  
  5. each party must return or destroy (at the other party’s request) all Confidential Information of the other party.   

Given the exclusive nature of The Makeup Business Upgrade Membership, if you wish to cancel your payment plan at any time during the Term, you may make this request in writing to us via our nominated email address. All current payments must be in good standing order and you agree that you will need to pay a contract termination fee equivalent to 50% of the remaining balance of the Membership Fees in full once your request has been approved.  

Cancellation Fees may also apply. You may also be prevented from rebooking our Services in future. 

 

You cannot request a refund if you: 

  1. fail to access the materials or attend sessions; 
  2. change your mind;  
  3. provide false information to us; or  
  4. insist on the Services being performed in a way that is against our advice.  

Refunds in lieu of money (such as credit for other Services) may be offered to you at our sole discretion. Any Refund is provided in accordance with clause 7 of this Agreement, and in compliance with applicable Australian Consumer Laws.  

Where you have received a refund either directly from us or via a Chargeback the following will apply:   

  1. If we have provided you with access to any Confidential Information, including copies of any sessions you must destroy all electronic copies downloaded by you and provide us with written confirmation of the above; or  
  2. Where you continue to use or access any Confidential Information after the Refund is issued, we reserve the right to recover any outstanding tax invoice through a formal debt recovery process including any Interest payable on the outstanding amount.  

For the purposes of these Terms "Chargeback" means the reversal of a payment in response to a request that a customer files directly with their issuing bank or payment network provider.   

 

MISCELLANEOUS

 

RELATIONSHIP OF PARTIES

We are independent contractors, and the relationship between you and us does not constitute that of a partnership, joint venture or employer and employee.  
 

NON-DISPARAGEMENT

Without limiting either party’s rights, each party agrees not to disparage the other or provide negative feedback in a public forum (such as social media or an online review platform) at any time during or following provision of the Services. Where one party is dissatisfied, the issue must be dealt with in accordance with the provision of this Agreement relating to disputes.  

 

DISPUTES

Should a dispute of any kind arise during the Term, you agree to contact us so that we can discuss the matter in the first instance. Both parties will use their best efforts to resolve any dispute in good faith. Failing this, both parties will use their best efforts to resolve the dispute by engaging in mediation in the state where we reside at the time. All costs associated with the dispute, including legal, mediation or arbitration fees, will be borne by both parties equally. 

 

NOTICES

Where a party gives notice, it must be done in writing to the email address specified in the Program. For email, the notice will be considered delivered on the date it was sent, unless a delivery failure notice was received.  

  

ENTIRE AGREEMENT

This Agreement constitutes our entire agreement with you about the subject matter. It supersedes all previous agreements, understandings and negotiations, whether written or verbal.  

  

GOVERNING LAW

The formation, construction, performance and enforcement of the Agreement will be in accordance with the laws in force in the state where we reside being Victoria. Both parties agree to submit to the exclusive jurisdiction of the courts of that state. 

 

AMENDMENT OR VARIATION

Any amendment or variation to the Agreement is not effective unless agreed by you and us in writing.  

  

VALIDITY

If any provision of the Agreement is held invalid or unenforceable, it will either be severed from the Agreement or replaced by a valid or enforceable provision. If applicable, any new provision will take effect immediately. All other provisions will remain in effect throughout.  

    

INTERPRETATION

All headings are for ease of reference and do not affect the interpretation of the Agreement. Words in the singular include the plural and vice versa, and references to “including” and similar words do not imply any limit.  

 

BINDING AGREEMENT

The Agreement will become binding when you process a payment to us (including payment of a deposit or your first instalment of a payment plan). We will issue you with the basic information about the course within 48 hours of your first payment / deposit being receipted by us and, where applicable, program guidelines 7 days prior to commencement of the container.      

 

CONTACT US

If you have any questions, concerns or complaints about our Terms & Conditions please contact us:

By email: [email protected]