Terms and Conditions

Terms and Conditions of Service

In these Terms, when we say you or your, we mean the person registering for an Account to access our Services. When we say we, us, or our, we mean Sprayd International Pty Ltd (ACN 675 824 736). We and you are each a Party to these Terms, and together, the Parties.

These Terms, together with our Waiver, form our contract with you, and sets out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.

WE PROVIDE LIGHT THERAPY AND SPRAY TANNING SERVICES ONLY. IF YOU REQUIRE IMMEDIATE MEDICAL ATTENTION, CALL 000.

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using our Services or believe that you, or another person is in an urgent, dangerous or emergency situation, you should not use our Services and instead contact 000 immediately or seek alternative and appropriate medical services.

These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.

1.           Engagement and Term

1.1         Term: These Terms apply from when you have:

(a)          signed up for an account with us (Account) via the Sprayd app (Platform); and 

(b)         have paid the sign-up fee detailed on our Platform (Sign-Up Fee), and

will continue until terminated in accordance with its terms.

2.           Services

2.1         You must sign up for an Account and pay the Sign-Up Fee via our Platform to access and use our LED light therapy and spray tanning services (Services). As our Platform is provided by a third-party IT service provider, you may need to accept their terms and conditions (if this is the case, these will be set out on our Platform).

2.2         In consideration of your payment of the Price or Membership Fees (as applicable), we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.

3.           Obligations and Warranties

3.1         You represent, warrant and agree that:

(a)          you are 18 years old or older;

(b)         you will be considerate and respectful to our staff and all other customers of ours;

(c)          you will not access or use our Services whilst under the influence of drugs or alcohol;

(d)         you must respect our Premises and any equipment in the Premises, and you will be liable for any damage caused to the Premises or the equipment by your actions or negligence or the actions or negligence of any person who you let into the Premises (whether you have our consent to let the person in or not). We reserve the right to charge you for the repair or replacement cost of any damaged equipment or for any damage to the Premises;

(e)          you have read and understood, and will follow our instructions, rules and guidelines for the provision of the Services;

(f)          you will comply with these Terms, all applicable Laws, and our reasonable requests;

(g)          you will not take anything from our Premises without our consent, and if you remove anything from the Premises without our consent, we reserve the right to charge you for any items removed;

(h)         you will provide us with all information, instructions, and cooperation reasonably necessary to enable us to provide the Services, including valid proof of identity to be cited and stored in your records prior to us providing the Services;

(i)           you will only make Bookings for Services that are included in your Membership (if applicable);

(j)           you will not (and you will not facilitate or assist a third party to) access our Services or Premises unless you have made a Booking and you will not (or not attempt to) disclose, or provide access to, the Services to third parties, including people without a Membership or Booking with us, without our prior written consent;

(k)          you will provide us all information (including your past and current medical history and allergies) reasonably necessary to enable us to safely provide the Services and that the information you provide to us is true, accurate and complete;

(l)           your participation in the Services may expose you to the risk of death, physical harm or personal injury. The risk of death, physical harm or personal injury may arise from, but is not limited to, your use of the equipment supplied by us or any failure to comply with our instructions or directions. You acknowledge and agree that death, physical harm or personal injury may arise from your or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Services;

(m)        you will keep us informed of any symptoms or concerns that may arise and, in the event you become aware of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health or affect your proper and safe use of the Services, you must immediately notify us, cease to use the Services and contact your medical providers;

(n)         to the extent permitted by applicable Law, we cannot guarantee results of any Services and that results may vary;

(o)         any information, advice, material or work provided by us as part of the Services does not constitute medical advice;

(p)         you are solely responsible for determining the suitability of any Services, your reliance on any information that is provided to you is at your own risk; and

(q)         the Waiver provided to you forms part of these Terms.

3.2         You agree:

(a)          that we may remove you from our Premises, or suspend or terminate your access to our Services, in accordance with clause 12.1, if we consider that your behaviour constitutes a breach of this clause 3 or any clause of these Terms;

(b)         to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 3. 

4.           Memberships

4.1         Once you have created an Account, you may choose to access our Services through a subscription membership with us (Membership).

4.2         The Memberships we offer will be set out on our website and/or Platform, including details of each Membership’s features, limitations, and membership fees (Membership Fees).

4.3         Throughout the duration of your Membership, you will be billed the Membership Fees on a recurring basis, as set out on our website and/or Platform (Billing Cycle).

4.4         Your Membership can be upgraded or downgraded at any time through your Account. Any changes to your Membership will take effect from the beginning of the next Billing Cycle. 

4.5         Our payment methods will be set out on our Platform. If you choose to pay your Membership Fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out on our Platform). You must not pay, or attempt to pay, any Membership Fees by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder.

4.6         You acknowledge and agree that additional Services may be required in order to achieve desired results. To the extent permitted by applicable Law, any further Services will incur additional fees over and above the Membership Fees paid for the Services.

4.7         Membership Term and Cancellation: Your Membership has an initial 3-month term (Initial Period). To avoid automatic renewal after the Initial period, you must give at least 2 weeks’ notice before the end of the Initial Period. If you do not give notice, your Membership will automatically renew in accordance with the Billing Cycle. After the Initial Period, you can cancel anytime by giving 2 weeks’ notice. Your cancellation is effective at the end of the 2-week notice period or the current Billing Cycle, whichever is later.

4.8         Access to Premises: You may only access the Premises while using Services consistent with your Membership.

4.9         Individual Use: Memberships are for individual use only and cannot be shared. Sharing of your Membership or inviting non-members into the studio after staffed hours will result in a $150 fee and immediate termination of your Membership with no further reimbursement.

4.10      Unauthorised Guests: If you invite anyone onto the Premises who is not authorised, you will be held fully responsible for the guest. Any damage, theft or loss of business becomes your sole responsibility, including any financial or legal ramifications.

5.           Booking Process

5.1         You can make a request for the Services through our Platform or as otherwise agreed by us (Booking Request). 

5.2         We may, at our discretion, accept or reject a Booking Request. If you are under a Membership, you must only submit Booking Requests for Services included in your Membership. If we accept a Booking Request, we will send you a booking confirmation via email and/or telephone and/or SMS setting out the details of your booking, including the date and time (Booking). You must have a Booking with us to receive any Services. 

5.3         Once-Off Services: Where you would like to receive our Services on a once-off basis, or in addition to the inclusions of your Membership (Once-Off Services), you may purchase credits for Services via the Platform (Credit). The price for Credits relevant to each type of Service will be set out on our website and Platform (Price) and, once purchased via our Platform, will be added to your Account. You may then use your Credits to make a Booking Request via our Platform for a Once-Off Service. 

5.4         You agree that any Bookings are non-transferrable.

6.           Payment

6.1         Late Payments: If any Membership Fees or Prices are not paid on time, we may suspend your access our Services (including access to our Platform). 

6.2         Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by Law to collect these on your behalf).

6.3         Damage: If you cause damage to our Premises or our equipment as set out in the “Obligations and Warranties” clause above, you authorise us to charge your credit/debit card on file for the reasonable costs of repair or replacement for any such damage. We will make reasonable efforts to provide you with evidence of the damage and an itemised invoice for the charges prior to processing the charge. You agree that such charges are not refundable once paid.

7.           Rescheduling and Cancellation

7.1         All requests to reschedule any Services must be made via the Platform or calling us and providing at least 24 hours’ notice before the scheduled start time of the Booking and will be subject to our availability. It is your responsibility to reschedule Bookings for Services you cannot attend.

7.2         We generally do not allow Services to be rescheduled where you provide us less than 24 hours’ notice before the scheduled start time of the Booking, or where you do not show up for the Booking. In these instances, we, at our absolute discretion, may cancel your Booking and/or deplete the relevant Credit for the Booking from your Account.

7.3         Our cancellation: We reserve the right to terminate a Booking at any time where you have disclosed medical or health information to us which, in our reasonable opinion, means we are unable to safely provide the Services to you. In such cases, we will cancel the Booking and we may reschedule the Booking with you provided that either: 

(a)          the medical or health information you provided to us is no longer relevant and will no longer impact our ability to provide the Services; or

(b)         you have obtained a written medical clearance from your doctor and have provided it to us.

If we are not able to reschedule the Booking or provide the Services as per the requirements in this clause 7.3(a) or (b), we will provide a refund of the portion of the Membership Fees or Price in relation to the Services that we have not yet provided.

8.           Intellectual Property

8.1         We own all Intellectual Property Rights in our Services. This includes our copyrighted works, trademarks, and other Intellectual Property. We authorise you to use our Intellectual Property solely for your personal use. You agree not to copy or otherwise misuse our Intellectual Property without our written permission.

8.2         We may use any feedback or suggestions that you give us in any manner which we see fit, and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

9.           Privacy

9.1         We collect Personal Information from you so that we can provide our Services to you, answer any enquiries you submit to us, deliver our Platform to you and for the purposes otherwise set out in our privacy policy, available on our website. Please let us know if you have any questions regarding our privacy policy.

9.2         We may disclose this Personal Information to third parties, including our employees, contractors and related entities, third party service providers that provide their services to us (including IT service providers and website analytics suppliers), if we are required to disclose Personal Information by Law and as otherwise set out in our privacy policy. Where we disclose your Personal Information to third parties listed in our privacy policy, these third parties may store, transfer or access Personal Information outside of Australia. If you do not provide your Personal Information to us, you may not be able to provide our Services to you.

9.3         Our privacy policy describes further how we collect, store, use and disclose your Personal Information. It also describes how you can access and correct your Personal Information, how you can make a privacy-related complaint and our complaint-handling process.

9.4         By providing Personal Information to us, you acknowledge we will collect, hold, use and disclose your Personal Information in accordance with our Privacy Policy.

10.        Australian Consumer Law

10.1      Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.

10.2      Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.

10.3      This clause 10 will survive the termination or expiry of these Terms.

11.        Liability

11.1      Exclusions: Despite anything to the contrary, to the maximum extent permitted by Law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by (whether directly or indirectly):

(a)          you not providing us with current health and medical information;

(b)         any side effects which occur from the Services, including as a result of your own negligence, failure to properly clean your skin prior to using our Services, or you not providing us with your current health and medical information;

(c)          your breach of these Terms, any Law or third-party rights;

(d)         theft of your property on our Premises by a third party;

(e)          any information, documentation or directions given by you; and/or

(f)          any third parties or any goods and services provided by third parties.

11.2      Limitation of Liability: Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:  

(a)          neither Party will be liable for Consequential Loss; 

(b)         a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and

(c)          our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price and/or Membership Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates. 

11.3      This clause 11 will survive the termination or expiry of these Terms.

12.        Suspension and Termination

12.1      We may suspend your access to our Services and/or Platform where we reasonably believe there has been any unauthorised access to or use of our Services, including any unauthorised sharing of login details for our Platform. If we suspend your access to our Services and/or Platform, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services and our Platform will end.

12.2      These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a)          the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b)         the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.

12.3      Upon expiry or termination of these Terms:

(a)          we will immediately cease providing the Services;

(b)         without limiting and subject to your Consumer Law Rights, at our sole discretion, any payments made by you to us via the Platform, or for Services already performed, are not refundable to you;

(c)          by you in accordance with clause 12.2, you will be issued a pro-rata refund of any unused Membership Fees based on the portion of your Membership remaining;

(d)         you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;

(e)          by us pursuant to clause 12.2, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and

(f)          we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 9.

12.4      Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.  

12.5      This clause 12 will survive the termination or expiry of these Terms.

13.        General

13.1      Amendment: These Terms may only be amended by written instrument executed by the Parties.

13.2      Assignment: Subject to clauses 13.3 and 13.10, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld). 

13.3      Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party. 

13.4      Disputes:  A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre. 

13.5      Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

(a)          as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and

(b)         uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event. 

Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms. 

13.6      Governing Law: These Terms are governed by the Laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.  

13.7      Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

13.8      Publicity: Despite clause 1, with your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.

13.9      Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

13.10    Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent.  We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.

14.        Definitions

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Business Day means a day on which banks are open for general banking business in Brisbane, Queensland, excluding Saturdays, Sundays and public holidays.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Price and/or Membership Fees will not constitute “Consequential Loss”.

Consumer Law Rights has the meaning given in clause 10.1.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding Law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Premises means the address where our Services are provided.

Terms means these terms and conditions and any documents attached to, or referred to in, each of them.

Waiver means our waiver provided to you at the time you sign up for an Account.