Terms of service
OVERVIEW
Welcome to Bernie Belle! The terms "we", "us" and "our" refer to Bernie Belle. Bernie Belle operates this beauty salon and website, including all related information, content, features, tools, products and services, in order to provide you, the client, with a professional and welcoming beauty experience (the "Services"). Our Services include hair treatments, skin and facial treatments, waxing, and body treatments, delivered at our salon located at 44 Aayana St, Cranbourne East VIC 3977.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you book, visit, or use our Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as booking conditions, health disclosures, warranty disclaimers and limitations of liability.
By booking an appointment, visiting our salon, or using our website, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you should not use or access our Services.
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SECTION 1 โ ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or that you have the consent of a parent or guardian to receive our Services. Where Services are provided to clients under the age of 18, a parent or guardian must be present during the appointment and provide written consent prior to treatment commencing.
To book our Services online or in person, you may be asked to provide certain information, including your name, contact details, and relevant health information. You represent and warrant that all information you provide is correct, current, and complete.
You are solely responsible for maintaining the security of any account credentials used to access our online booking system, and for all activity conducted under your account.
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SECTION 2 โ OUR SERVICES
Bernie Belle provides professional beauty services including, but not limited to, hair treatments, skin and facial treatments, waxing, and body treatments. We make every effort to accurately describe our services, pricing, and expected outcomes.
Results from beauty treatments may vary from person to person depending on individual skin type, hair type, health conditions, lifestyle, and aftercare. Bernie Belle does not guarantee that the results of any treatment will meet your individual expectations. All service descriptions are subject to change at our sole discretion.
We reserve the right to refuse, modify, or discontinue any service at any time, including where a treatment is deemed unsuitable for a client based on health, safety, or contraindication concerns identified prior to or during an appointment.
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SECTION 3 โ APPOINTMENTS AND BOOKINGS
When you make a booking, you are requesting an appointment for the selected service(s). Bernie Belle reserves the right to accept or decline any booking request at its discretion. Your appointment is confirmed only once you receive a confirmation from us by email, SMS, or phone.
Please review your booking details carefully before confirming. If you need to change or cancel your appointment, please refer to our Cancellation Policy in Section 7.
Clients are requested to arrive on time for their appointments. Late arrivals may result in a reduced service time or, at our discretion, the need to reschedule the appointment. Bernie Belle will not be responsible for any dissatisfaction resulting from a shortened service due to a late arrival.
Bernie Belle reserves the right to modify appointment times or service providers in the event of unforeseen circumstances, including staff illness or emergency. We will endeavour to notify you as soon as possible in such situations.
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SECTION 4 โ PRICES AND BILLING
All prices are listed in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated. Prices are subject to change without notice. The price charged for a service will be the price in effect at the time of your confirmed booking, as communicated to you in your booking confirmation.
Bernie Belle may offer, from time to time, promotions or discounted packages that are subject to separate terms and conditions. Where a conflict arises between promotion terms and these Terms, the promotion terms will apply.
Payment for services is due at the time of your appointment unless otherwise agreed. We accept cash, major credit and debit cards, and other payment methods as displayed in our salon. You represent and warrant that any payment information you provide is accurate and that you are authorised to use the payment method provided.
Wedding and Event Packages require a $200 non-refundable booking fee. This fee must be paid within 3 days of making your booking. It secures your date and is deducted from your final invoice. A trial appointment is optional and can be arranged separately.
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SECTION 5 โ HEALTH DISCLOSURE AND CONTRAINDICATIONS
Your health and safety are our priority. Prior to any treatment, you may be asked to complete a client consultation form disclosing relevant health information, including any medical conditions, allergies, skin sensitivities, medications, recent procedures, or pregnancy.
You agree to provide accurate and complete health information prior to receiving any service. Bernie Belle will not be held liable for any adverse reactions or complications arising from your failure to disclose relevant health information.
Bernie Belle reserves the right to refuse or modify a service where, in our professional judgement, proceeding with the treatment poses a risk to your health or safety, or is contraindicated based on information you have provided or that we observe during your consultation.
If you are pregnant, have recently undergone surgery, have a skin condition, or are taking medication that may affect your skin or hair, we strongly encourage you to seek medical advice prior to booking certain treatments.
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SECTION 6 โ PATCH TESTING
Certain treatments involving chemical products โ including but not limited to hair colour, tinting, lash and brow tinting, and some facial treatments โ require a patch (allergy) test to be performed at least 48 hours prior to your appointment.
Where a client wishes to proceed without a patch test, Bernie Belle will provide a written consent form prior to the commencement of the relevant service. By signing this consent form, the client acknowledges the potential risks, including allergic reactions, and accepts full responsibility for any resulting reaction or adverse effect. Bernie Belle strongly recommends all clients undergo patch testing prior to their first colour or chemical treatment, and after any break of 6 months or more.
Bernie Belle reserves the right to decline performing any treatment where a patch test has not been conducted and we reasonably believe a risk of reaction exists.
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SECTION 7 โ CANCELLATION AND NO-SHOW POLICY
We understand that plans can change. If you need to cancel or reschedule your appointment, we kindly ask that you notify us as soon as possible by phone or email.
General Appointments: Bernie Belle does not charge a cancellation fee for standard appointments. However, repeated last-minute cancellations or no-shows may result in a requirement to prepay for future bookings, or refusal of future bookings at our discretion.
Wedding and Event Packages: A $200 booking fee is required to secure all Wedding and Event Package bookings. This fee is non-refundable and must be paid within 3 days of booking. It will be deducted from your final invoice on the day of your event. If you cancel your booking, the $200 booking fee will not be returned. If you cancel within 2 weeks of your event date, the full service amount is payable.
If Bernie Belle needs to cancel your appointment, we will contact you as soon as possible and offer an alternative appointment time or a full refund of your $200 booking fee.
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SECTION 8 โ RETAIL PRODUCTS
Bernie Belle may sell retail beauty products in our salon and/or through our website. Please note that Bernie Belle is not required to provide a refund or replacement if you change your mind after purchasing a retail product. We make every effort to accurately represent product descriptions, ingredients, and expected results; however, individual results may vary.
Bernie Belle does not warrant that any retail products will be suitable for your individual skin or hair type. We recommend consulting with one of our qualified therapists or stylists before purchasing any retail product, particularly if you have known allergies or sensitivities. Prior to purchasing, you are encouraged to: (1) obtain product knowledge from our Beauty Consultants, as detailed product information is also available on product leaflets and packaging; (2) request a skin test if one has not been performed, and satisfy yourself that the product is safe and suitable for you โ samples may be available upon request; and (3) once satisfied, proceed with your purchase and provide your name, contact number, and date of purchase for our records.ย Products that have been purchased and used or damaged by customers cannot be refunded or exchanged. Where a product has a major fault โ such as quality being compromised in the original packaging, or the product differing from its labelled description โ you may choose a refund or exchange, provided this is requested within 24 hours of the original purchase date. Please retain your proof of purchase, as a refund or exchange cannot be processed without a valid receipt.
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SECTION 9 โ INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, video, and audio on our website, and the design, selection, and arrangement thereof, are owned by Bernie Belle or its licensors and are protected by Australian and international intellectual property laws.
These Terms permit you to access and use our website and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, or create derivative works of any material from our website without our prior written consent.
Bernie Belle's name, logo, and service names are trademarks of Bernie Belle. You must not use such trademarks without our prior written permission. All other names, logos, and trademarks on our website are the property of their respective owners.
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SECTION 10 โ OPTIONAL TOOLS AND THIRD-PARTY LINKS
Our website may contain links to third-party websites or tools. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you leave our website to access third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review third-party policies and practices before engaging in any transaction.
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SECTION 11 โ PRIVACY POLICY
All personal information we collect through our Services is subject to our Privacy Policy, which can be viewed on our website at berniebelle.com.au. By using our Services, you acknowledge that you have read and understood our Privacy Policy.
We collect and process personal information, including health information disclosed during consultations, in order to provide our Services to you. Your information will be handled in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
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SECTION 12 โ FEEDBACK AND REVIEWS
If you submit any ideas, suggestions, feedback, reviews, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including to promote our Services.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback complies with these Terms.
We may monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, defamatory, or otherwise objectionable.
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SECTION 13 โ ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in our materials that contains typographical errors, inaccuracies, or omissions relating to service descriptions, pricing, promotions, or availability. We reserve the right to correct any such errors and to change or update information at any time without prior notice.
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SECTION 14 โ PROHIBITED USES
You may access and use our Services for lawful purposes only. You may not use our Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon any intellectual property rights; (d) to harass, abuse, intimidate or harm any of our staff or other clients; (e) to transmit false or misleading information; or (f) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services.
You agree not to use any automated tools, bots, scrapers, or AI-powered agents to access, use, or interact with our website without our prior written consent.
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SECTION 15 โ TERMINATION
We may terminate your access to our Services (or any part thereof) at our sole discretion at any time without notice. In the event of termination, provisions relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law will continue to apply.
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SECTION 16 โ DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. INDIVIDUAL RESULTS FROM BEAUTY TREATMENTS MAY VARY AND CANNOT BE GUARANTEED.
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SECTION 17 โ LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE AUSTRALIAN LAW, IN NO EVENT SHALL BERNIE BELLE, ITS OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF OR INABILITY TO USE OUR SERVICES, OR FROM THE RESULTS OF ANY BEAUTY TREATMENT. NOTHING IN THESE TERMS LIMITS ANY CONSUMER GUARANTEES YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)).
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SECTION 18 โ INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Bernie Belle and its officers, directors, employees, agents, and contractors from any losses, damages, liabilities, or claims, including reasonable legal fees, arising out of: (1) your breach of these Terms of Service; (2) your violation of any applicable law or the rights of a third party; or (3) your provision of inaccurate or incomplete health information prior to receiving any treatment.
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SECTION 19 โ SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms. Such a determination shall not affect the validity and enforceability of any remaining provisions.
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SECTION 20 โ WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service, together with any policies published on our website, constitute the entire agreement between you and us in relation to your use of our Services, and supersede any prior agreements or communications.
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SECTION 21 โ ASSIGNMENT
You may not transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms and our rights and obligations without notice to you.
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SECTION 22 โ GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. You and Bernie Belle submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
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SECTION 23 โ CHANGES TO TERMS OF SERVICE
We reserve the right to update or replace any part of these Terms of Service at any time. The most current version will always be available on our website. We will notify you of material changes in accordance with applicable law. Your continued use of our Services following the posting of any changes constitutes acceptance of those changes.
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SECTION 24 โ CONTACT INFORMATION
Questions about these Terms of Service should be directed to us at:
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Trading Name:ย ย ย ย ย Bernie Belle
Email:ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย hello@berniebelle.com.au
Phone:ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย 0449 697 968
Address:ย ย ย ย ย ย ย ย ย ย ย ย ย ย 44 Aayana St, Cranbourne East VIC 3977
ABN:ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย 74 926 460 575
