Terms and Conditions

Introduction

Milla Brown Studio ABN 16 655 389 138 (Milla Brown Studio, our, we or us) operates a cosmetic tattooing and eyebrow salon and provides a variety of services offered by us from time to time (Services). 

Services can be completed by the Client on a one-off basis or on a bundle or package as set out on our Website (Package). These terms and conditions (Terms) govern Milla Brown Studio’s supply of the Services to you or where applicable, the person for whom you are the parent or guardian (the Client, you, or your). 

By making a booking online or in-person or otherwise making payment for a Service (Booking), you automatically become a Client of Milla Brown Studio and agree to be bound by these Terms.

We may change these Terms at any time by updating the Terms and Conditions page on our website, being https://millabrownstudio.com (Website), and your participation in the Services following such an update will represent an agreement by you to be bound by the Terms as amended.

Account

Creating an Account

To make a Booking for Services online, you may be required to register an account through our third party booking platform (Account). 

As part of the Account registration process, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing and postal addresses, mobile phone number, bank account information, and other information as determined by us from time to time.

You warrant that any information given to us, including information given in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date. 

We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these Terms.

Making a Booking 

To make a Booking, you must do so via our website, your Account, or directly with us at reception. Service inclusions are displayed on our website or curated directly by one of our staff and communicated to you directly. 

Your Services will take place on the date and at the time of the Booking made through our third party booking platform (or arranged for you in person at reception). Any changes to your Booking should be made via our third party booking platform.  

Services

General

The types, styles, and varying inclusions of Services offered by us including Fees and details of inclusions are as set out on our Website from time to time or as communicated to you in writing.

Prior to commencing your Services, you must must read, fill in and agree to our screening questionnaire and waiver, prior to participating in any of the Services.

You acknowledge and agree that Milla Brown Studio will rely on the information provided by you in the Waiver in determining whether or not the Services are suitable for you. We will not be responsible for any loss or damage suffered by you as a result of any misrepresentation, inaccuracy, error, omission, or incompleteness in any information provided to us.

Disclaimers

(Risks) You understand and acknowledge that participating in the Services may expose you to risk, including injury, bruising, allergic reactions, other potential physical discomfort. You assume all risk of injuries associated with the Services, and you exclude Milla Brown Studio from any liability for loss, damage, illness, adverse reactions, or injury arising from your participation in the Services.

(Pre-existing condition) You warrant and represent that you have no injuries, physical restrictions, disabilities or predispositions to sickness or injury (Conditions) that may affect your participation in the Services or that if you are aware of such Conditions, you participate in any Services provided by Milla Brown Studio entirely at your own risk. If you believe a Service will not be safe, you must inform the relevant Personnel of that fact and not participate in such Services.

(Results not guaranteed) You acknowledge and agree that participation in a Service does not guarantee any particular result or outcome and that results differ for each participant depending on personal circumstances. 

(Non-medical services) You acknowledge that our Services are not medical or health Services and should not be relied upon to address or treat underlying medical or health conditions. Some Services may involve physical stress to the body which may subject you to risk of injury. Milla Brown Studio urges you to obtain a physical examination from a doctor before participating in any Services if you are at high risk of injury (e.g. if you are pregnant or have an underlying health condition). You agree that when you use any Services provided by Milla Brown Studio, you do so entirely at your own risk. We at our absolute discretion, may refuse participation in the Services to you, if we believe that your physical condition renders the Services unsuitable for you. 

Participant’s Obligations

Capacity and Age

You warrant that you have the legal capacity and are of sufficient age to enter into a binding contract with Milla Brown Studio.

You acknowledge and agree that you must be at least 18 years old to make a Booking for any Services.

Unless otherwise specifically stated, you must be at least 18 years old to participate in the Services. If we permit any minors to participate in the Services:

  1. You must ensure that each minor complies with these terms; 

  2. You are responsible for the actions of those minors; and

  3. You agree to the terms of this agreement in respect of the minor. 

General 

You must provide us with all documentation, information and assistance reasonably required for us to provide the Services.

You must participate in any briefings and/or introductions as notified by us, which includes the signing of any waiver forms and acknowledging Milla Brown Studio’s premises rules prior to engaging in any Services. 

Safety

You warrant that you: 

  1. Comply with our Waiver, any safety guidelines, instructions and/or rules that our Personnel provide to you prior to the Services; and

  2. Stop participating in any Services, and alert us or our Personnel, if you have any concerns about your health or safety or if you start feeling dizzy, faint, unwell or feel any unusual pain during the Services.

Aftercare

For your benefit, Milla Brown Studio has put together a list of Aftercare Tips as set out on our Website to assist you with getting the best results for your Services. 

You acknowledge and agree to follow all aftercare instructions given to you by Milla Brown Studio. You agree that any touch-up work required due to your own negligence will be done so at your own expense. Accordingly, you acknowledge that you have received a copy of the written aftercare instructions and that you understand fully and assume all responsibility for the aftercare of your Services. 

Booking Availability

You acknowledge and agree that: 

  1. Unless directed otherwise, you are required to book your Services in advance via Milla Brown Studio’s third party booking platform set out on our Website; and 

  2. If you arrive to a booked Services at the end of your Booking time allotment or fail to attend at all, your Services will be considered a no-show and in such case will not be entitled to a refund or credit of the value of the Services (except where we expressly agree to do so).

Payment

Fees

All Fees are:

  1. as displayed and accepted by you at the time of checkout (Fees);

  2. in Australian Dollars; and

  3. subject to change without notice prior to payment being received.

Deposits

You must pay the deposit specified in at the time of booking the Services (Deposit). Without limiting any protections you have under the Australia Consumer Law, all Deposits are non-refundable. 

You must notify Milla Brown Studio via phone or email (during normal business hours), that it wishes to cancel or reschedule: 

  1. If the notification is made less than 72 hours prior to Services booking, the Client will forfeit the Deposit; or 

  2. If notification is made more than 72 hours prior to Services booking, the Deposit paid by the Client will be redeemable and applied towards the Client’s next scheduled appointment.

Payment Obligations

Except as otherwise specifically stated, you must pay the Fees in full at the time of purchasing the Services.  

GST

Unless otherwise indicated, amounts stated on our Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

Card Surcharge

We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit, or charge card (including Visa, MasterCard or American Express).

Credit Card Storage

You authorise us to store your credit card details for use at a later date if required in relation to any additional charges set out in these Terms or loss or damage to our property caused or contributed to by you or any other guest who you accept responsibility for under these Terms. 

Online Payment Partner

We may use third-party payment providers (Payment Providers) to collect payment of the Fees for the Services. 

The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. 

We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.

Pricing Errors

In the event that we discover an error or inaccuracy in the Fees for your booking, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing the Services at the correct Fee or cancelling your booking. If you choose to cancel your booking and the Fees have already been debited, the full amount will be credited back to your original method of payment.

Gift Cards and Promotions

Gift Cards

We may issue gift cards for use on our Website. Gift cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you.

The terms applying to our gift cards will be set out on the Website at the time of purchase and may be updated from time to time.  

Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else. Each gift card must be used in one transaction and cannot be split across multiple transactions. 

Vouchers and Discount codes

We may provide promotional materials and discount codes offering a discount on the Services (Voucher). To use a Voucher, you will need to enter its code at checkout.

A Voucher can only be applied at the time of making a Booking and not retrospectively to a Booking. Vouchers are non-transferrable and cannot be redeemed for cash or credit.

If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.

Third Party Goods and Services

Any Services that requires us to acquire goods and services supplied by a third party on behalf of you may be subject to the terms & conditions of that third party (Third Party Terms), including 'no refund' policies.

You agree to such Third Party Terms and agree to familiarise yourself with any Third Party Terms applicable to any such goods and services.

Refunds, Rescheduling and Cancellations

Refunds

You acknowledge and agree:

  1. That the Fees are non-refundable for change of mind; and

  2. That no refund will be given where a Service is unused or missed by you. 

Nothing in this clause is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL) and you may be entitled to a certain remedies (like a refund or replacement) if there is a failure with the goods or services provided.

BY MILLA BROWN STUDIO 

Milla Brown Studio may terminate this Agreement in whole or in part immediately by written notice to the Client, if the Client is in breach of any term of this Agreement.

BY CLIENT  

A client may terminate this Agreement by providing at least 72 hour’s notice to Milla Brown Studio (Notice).

If the Client cancels the Services:

  1. The deposit is non-refundable in all circumstances, including change of mind or last-minute cancellations.

  2. If cancellation occurs within 72 hours of the scheduled service, the Client will be liable to pay 50% of the total booking fee as a cancellation fee. 

  3. If the Client cancels the Services, the Client acknowledges and agrees that the Client will be liable to pay the Cancellation Fees.   

SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.

Intellectual Property

You will not acquire Intellectual Property Rights in our IP under these Terms or as part of receiving a Service.

For the purposes of this clause 10:

"Milla Brown Studio IP" means the Material produced, owned or licenced by Milla Brown Studio prior to or developed in the course of providing the Services, either alone or in conjunction with the Client or others, and any Intellectual Property Rights attaching to that Material. 

"Intellectual Property Rights" means any and all present and future intellectual and industrial property rights throughout the world, including copyright, trade marks, designs, patents or other proprietary rights, confidential information and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the time of Booking, whether registered or unregistered.

"Material" means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.

Services Photography

Milla Brown Studio may photograph or record any part of the Services session, including taking photos or video footage featuring the finished Services artwork (Services Images). You acknowledge and agree that: 

Milla Brown Studio may use the Services Images for the purpose of marketing and promotional material, including using the Services Images on Milla Brown Studio’s website, social media pages and other channels; 

  1. You assign (including as a present assignment of future copyright) and transfer to us all right, title and interest (including intellectual property rights) in and to the Services Images, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Services Images; and

  2. You release us from, and indemnify us against, all claims, actions, demands and liabilities in relation to the creation of Services Images, which you may have against us.

Warranties

To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these Terms are excluded.

Nothing in these Terms is intended to limit the operation of the ACL. Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided. 

Liability and Indemnities

Liability

To the maximum extent permitted by law and subject to clause 12.1(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you to Milla Brown Studio in the 3 months preceding the date of the event giving rise to the relevant liability.

Clause 12.1(a) does not apply to your liability in respect of loss or damage sustained by the Milla Brown Studio arising from your breach of clauses 3 and 4.

Consequential Loss

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Milla Brown Studio, except:

in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

Warranties

To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this agreement are excluded.

Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

Privacy

You agree to be bound by our Privacy Policy, which is available on our Website.

Dispute Resolution

A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

A party that requires resolution of a dispute which arises under or in connection with these Terms must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

Force Majeure

If we become unable, wholly or in part, to carry out an obligation under these Terms (other than an obligation to pay money) due to a Force Majeure Event, we must give to you prompt written notice of:

  1. Reasonable details of the Force Majeure Event; and

  2. So far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligation. 

Subject to compliance with clause 16 the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

We will use our best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

For the purposes of these Terms, a ‘Force Majeure Event’ means any:

  1. Act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

  2. Strikes or other industrial action outside of the control of Milla Brown Studio; or

  3. War, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic.

Notices

A notice or other communication to a party under these Terms must be in writing and delivered via email to the other party, to the email address most regularly used by the parties to correspond (Email Address). The parties may update their Email Address by notice to the other party.

Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given 24 hours after the email was sent, or when replied to by the other party, whichever is earlier.

General

Governing Law and Jurisdiction

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

Joint and Several Liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

Assignment

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

Entire Agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);

(gender) words indicating a gender includes the corresponding words of any other gender;

(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(headings) headings and words in bold type are for convenience only and do not affect interpretation;

(includes) the word “includes” and similar words in any form is not a word of limitation;

(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.