Terms & Conditions.

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

(a) Welcome to Our Luxe Co Wellness Spa (Website). The Website is Treatments contains : Massages, Infared Saunas, RF Skin Tightening, Zerobody Cyro Dry Ice Plunge, Facials, Wellness Events (Services).

(b) The Website is operated by Our Luxe Co (ABN 41471088320). Access to and use of the Website, or any of its associated Products or Services, is provided by Our Luxe Co. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c) Our Luxe Co reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Our Luxe Co updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Our Luxe Co in the user interface.

3. Registration to use the Services

(a) In order to access the Services, you must first register for an account through the Website (Account).

(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Name

(ii) Email Address

(iii) Preferred username

(iv) Mailing address

(v) Telephone number

(vi) Password

(vii) Credit Card for payments

(c) You warrant that any information you give to Our Luxe Co in the course of completing the registration process will always be accurate, correct and up to date.

(d) Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

(e) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Our Luxe Co; or

(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following:

(i) you will use the Services only for purposes that are permitted by:

(A) the Terms; and

(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Our Luxe Co of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Our Luxe Co providing the Services;

(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Our Luxe Co;

(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Our Luxe Co for any illegal or unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

(ix) Terms & Conditions When signing up as a client of Our Luxe Co Wellness Spa, you agree to the terms and conditions on our website.

(x) Please arrive 10 mins before you scheduled appointment at Our Luxe Co.

(xi) Our Luxe Co is not responsible for the safekeeping of your belongings.

(xii) Appointments are made on our website Acuity Scheduling.

(xiii) Our Luxe Co is not liable to refund, transfer or offer compensation of any kind for appointments that are late, change or cancelled for any reason.

(xiv) When attending Our Luxe Co you acknowledge that there could be a risk of

personal injury, property loss, Our Luxe Co is no way liable for any injury, loss of property from attending our facility.

5. Infared Saunas & Zerobody Cyro Ice Plunge

Sauna Bookings please arrive 10 mins before your session·

(a) Food and drink (other than water) are not permitted.

(b) To prevent disbubance to others: Excessive noise is not permitted.

(d) Smoking is not permitted under any circumstances.

(e) You must shower before arrival for sauna and Cyro Dry Ice Plunge.

(f) If you are late you can still use the sauna in your allocated time, however you will still need to be finished at the same time to allow for the sauna for the next session.

(g) Please remove any fake tan before entering sauna

(h) Clothing is mandatory, we recommend active wear. We recommend to bring loose, comfortable clothing to change into after sauna or Ice Plunge.

(i) Towels are mandatory, for the seats and floor (supplied towels). Do not sit on timber bench without towel. (please place towels in basket after sauna) Please use your own towel for wipe down. Infared Saunas recommend to natural cool down.

(j) You Must Not pour water on yourself inside the sauna, this will damage the sauna panels and the infrared panels.

(k) Do NOT cover the floor heater with a towel or mat as the vents need to be exposed to enable heat to escape.

(l) Do NOT place a rolled up towel behind your back when against the heater cover. This can affect the operation of the heater and may result in damage

(m) Do NOT take jugs or glasses of water into the sauna as they may spill on the timber or heaters and cause damage. Please bring sealed bottle water.

Important Safety Information:

This is a dry electrical sauna- not a traditional steam or hot rocks sauna. Please do not put water on the heaters!

Avoid infrared saunas, should you be/are using/have had: during severe cold or flu, pregnant, breastfeeding, heart attack, drug/steroids, dermatitis, brain tumours. People suffering from obesity or with a medical history of heart disease, low or high blood pressure, circulatory system problems or diabetes should consult a doctor prior to using the sauna.

I accept that there is a potential risk of personal injury in using an infrared sauna and I. agree that neither I, my heirs, legal representatives will sue or make any other claims of any kind whatsoever against Our Luxe Co Wellness Spa or spa for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

Zerobody Cyro Dry Ice Plunge

Ice Plunge bookings please arrive 10 mins before your session

(a) You must be clothed or wear a robe after sauna provided before every ice plunge, ( lemongrass chilled towel available to wipe down before plunge).

(b) Please remove any fake tan before entering ice plunge.

(d) If you have booked both please ensure you wear robe for ice plunge

Avoid Zerobody Dry Ice Plunge , should you be/are using/have had: during severe cold or flu, pregnant, breastfeeding, heart attack, drug/steroids, dermatitis, brain tumours. People suffering from obesity or with a medical history of heart disease, low or high blood pressure, circulatory system problems or diabetes should consult a doctor prior to using the Cyro Dry Ice Plunge.

I acknowledge that participation in the Cyro Dry Ice Plunge/Cold Water Immersion involves inherent risks and dangers, including hypothermia, heart attack/cardiovascular stress, respiratory stress, skin reactions, cold water blackouts, shock

I accept that there is a potential risk of personal injury or death in using an Ice Plunge and I. agree that neither I, my heirs, legal representatives will sue or make any other claims of any kind whatsoever against Our Luxe Co Wellness Spa or spa for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

6. Payment

(a) All payments made in the course of your use of the Services are made using Square . In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Square terms and conditions which are available on their website.

(b) There is a 1.5 % surcharge added to the prices for credit card payments.

(c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

(d) You agree and acknowledge that Our Luxe Co can vary the Services Fee at any time.

(e) All prices are GST inclusive and in Aus Dollars. prices are subject to change.

7. Refund Policy

(a) Our Luxe Co will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Our Luxe Co makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).

(b) Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.

8. Personal Injury and Damage

Whilst on the premises of Our Luxe Co wellness Spa to the extent permitted by law. Our Luxe Co is not liable any member or non member, in Agreement, statute, or for any injury, damage or loss of any kind, including any liability for direct or in direct, loss or damage, sustained by the member or any other person. ot for any costs, associated. or caused by the member signed in this Membership and for service or product provided by Our Luxe co

9. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Our Luxe Co are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Our Luxe Co or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Our Luxe Co, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use.

Our Luxe Co does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Our Luxe Co.

(c) Our Luxe Co retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

(d) You may not, without the prior written permission of Our Luxe Co and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

10. Privacy

Our Luxe Co takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Our Luxe Co's Privacy Policy, which is available on the Website.

11. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Our Luxe Co will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Our Luxe Co make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Our Luxe Co) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of the products of Our Luxe Co; and

(iv) the Services or operation in respect to links which are provided for your convenience.

12. Limitation of liability

(a) Our Luxe Co's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Our Luxe Co, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental,

special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

13. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Our Luxe Co. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Our Luxe Co will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

14. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Our Luxe Co as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) providing Our Luxe Co with 7 days' notice of your intention to terminate; and

(ii) closing your accounts for all of the services which you use, where Our Luxe Co has made this option available to you.

Your notice should be sent, in writing, to Our Luxe Co via the 'Contact Us' link on our homepage.

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) Our Luxe Co is required to do so by law;

(iii) the provision of the Services to you by Our Luxe Co is, in the opinion of Our Luxe Co, no longer commercially viable.

(d) Subject to local applicable laws, Our Luxe Co reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Our Luxe Co's name or reputation or violates the rights of those of another party.

15. CCTV

You acknowledge that you will be under video surveillance whilst in or around the facility. Security cameras are over the entire premises to ensure member and staff safety and security purposes, this footage will be stored and used as evidence in the event of any breach or misconduct outlined in this agreement or an external security breach.

16. Force Majeure

If a Force Majeure event causing delay continues for more than 14 days, “Force Majeure” means any act, circumstances or omission over which we could not reasonably have excerised control.

(a). Our luxe Co cannot be held responsible for natural disasters, weather, staff illness, or other events, that may cause appointments to be rescheduled.

(b) Our luxe Co the right to postpone the appointment to another time date and location, if necessary.

17. Indemnity

You agree to indemnify Our Luxe Co, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

18. Dispute Resolution

18.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

18.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
18.3. Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the A mediation body can be used to assist the parties to come to a mutual agreement through non-judicial means.;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Exmouth, Australia.

18.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

18.5. Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

19. Venue and Jurisdiction

The Services offered by Our Luxe Co is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

20. Governing Law

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

21. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.