Terms and Conditions
On this page of the website, the term ‘Bay Medical Aesthetics or ‘BMA’ or ‘us’ or ‘we’ refers to BMA Black Rock Pty Ltd (ABN 32 619 908 780) trading as Bay Medical Aesthetics and its associated entities. The term ‘you’ refers to the user or viewer of our website, or the client as the context requires.

Use of website
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Bay Medical Aesthetics’ relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with Australian Copyright Law, which forms part of these terms and conditions. All trademarks reproduced in this website exclusive, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites.

These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of Victoria.

Disclaimer of Liability

General Disclaimer
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. We may choose to not fill any orders (or part of an order) that you have placed where the website contains errors or inaccuracies,

including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

We are not liable to you or anyone else for any Loss in connection with use of this website or a linked website.

This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.

Specific Warnings and Disclaimers
The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be corrected.

We may, from time to time, change or add to this website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of Bay Medical Aesthetics) will Bay Medical Aesthetics be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website.

All Goods purchased from Bay Medical Aesthetics are intended for personal non-commercial use only.

From time to time, Bay Medical Aesthetics restricts the quantity of Goods which can be purchased in one Order/Transaction, or by one person, household or address during a particular of time at our sole discretion. Any quantity restrictions may be stated on the online product page, in advertising materials or otherwise advised by Bay Medical Aesthetics.

Bay Medical Aesthetics may reject or cancel any order(s) it deems to be in violation of its product quantity restrictions in its total discretion.

To the fullest extent permitted by law, Bay Medical Aesthetics liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at the option of Bay Medical Aesthetics to the following:

• in the case of services supplied or offered by Bay Medical Aesthetics, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the supply of the services again; or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by Bay Medical Aesthetics, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of the replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired.

In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the “General” section.

The Terms of Use are effective until terminated by Bay Medical Aesthetics and Bay Medical Aesthetics may terminate this agreement and your access to the website at any time without notice. In the event of termination you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

Copyright
This website is our copyright property.

You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means:

• adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or
• commercialise any information, products or services obtained from any part of this website without our written permission.

Trade marks
These trade marks and other Bay Medical Aesthetics products and services referred to in this website are trade marks of Bay Medical Aesthetics.

Other product and company names mentioned in this website may be the trade marks of other people or entities.

Nothing contained in the website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the website without the express written permission of Bay Medical Aesthetics or third party owner.

Linked websites
This website may contain links to linked websites. Those links are provided for convenience only any may not remain current or be maintained.

Links to those websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.

Unless otherwise stated the linked websites are not under the control of Bay Medical Aesthetics and Bay Medical Aesthetics is not responsible for the contents of any linked website. You link to any such website at your own risk.

Cookies
Bay Medical Aesthetics uses two types of cookies on this website. These are session cookies and permanent cookies.

Session Cookies
Session cookies are only used to let our site know that you are the same person wherever you go on our site during a session. For example, if you put a product in your shopping bag and go to check out, we need to know that it is you on the check-out page and you have ordered that product.

Upon closing your browser, the session cookie set by this website is destroyed and no personal information is maintained which might identify you should you visit our website at a later date. Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser.

Permanent Cookies
To enable Bay Medical Aesthetics to recognise each time your browser visits the Bay Medical Aesthetics website it downloads a cookie onto your hard drive.

Through the use of the cookie Bay Medical Aesthetics is able to:

(a) recognise your browser each time it visits our site; and

(b) track which pages you visit while at our site.

American Express and Bay Medical Aesthetics may use this information to build up a consumer profile about you, which may allow it to tailor offers or marketing material which may be of interest to you.

As with all of your personal information American Express and Bay Medical Aesthetics will not provide this to third parties without your consent, except where:

(a) such disclosure is permitted under the Privacy Act 1988;

(b) American Express and Bay Medical Aesthetics is required by law to disclose information to third parties; or

(c) American Express and Bay Medical Aesthetics has outsourced some internal functions to third parties, for example data warehousing companies, mail houses or contractors that carry out administrative functions on their behalf.

General
In this website:

“Consumer Guarantee” means any guarantee (other than a guarantee under section 51, 52 or 53) applicable under the Australian Consumer Law (in Division 1, Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory Fair Trading legislation) to goods and services acquired by consumers.

“Linked websites” means websites of persons or entities other than Bay Medical Aesthetics which are hyperlinked from this website.

“Personal information” means any information from which your identity is apparent or can be reasonably be ascertained.

“Website” means the whole or any part of the web pages located at www.baymedicalaesthetics.com.au (including the lay-out of this website, individual elements of the website design, underlying code elements of this website, or text, sounds, graphics, animated elements or any other content of this website.)

“We” and “us” refer to Bay Medical Aesthetics and “our” has the same meaning.

These Terms of Use are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.

Nothing contained in these Terms of Use derogates from Bay Medical Aesthetics right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Bay Medical Aesthetics with respect to that use.

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© 2019 Bay Medical Aesthetics Limited

All rights reserved. Not to be reproduced without consent.