Introduction
This is a legal agreement between You and Artisan Aesthetic Clinics (Artisan).
Artisan’s mobile application (Artisan App) permits users to book appointments, access before and after photographs, access and receive treatment information, send and receive text messages (including appointment confirmations) and view account information.
These terms of use and our Privacy Policy form the basis on which you may access and use the Artisan App. The following general terms and conditions permit you to access the application with the software; view and download before and after photographs, treatment information; and view account information.
Terms and Conditions
A. Right to use
Artisan grants you limited, non-exclusive, revocable permission to access the Artisan App, and limited, non-exclusive, revocable permission to access the Content for personal purposes. Your access will remain effective until and unless terminated by you or Artisan. You agree you will only access the Content for your own personal use and will comply with this Agreement.
B. Compliance with laws
You bear sole responsibility for your use of the Artisan App, including compliance with all laws, regulations and standards that may apply. You may not use the Artisan App in any way that would impose additional regulatory, or other legal obligations on Artisan and/or its service providers and/or product suppliers and/or licensors.
C. Proprietary and data rights
Artisan, its service providers, its product suppliers and licensors own all right title, and interest in the Artisan App including, but not limited to, all copyright, trade secret, trademark and other intellectual property rights associated therewith, and all title to such rights shall remain solely in Artisan and/or its service providers and/or its product suppliers and/or its licensors.
D. Disclaimer of Warranties
You acknowledge and agree that Artisan and its service providers provide the Artisan App “As Is” with all faults, and without warranty of any kind. You agree to take all precautions and safeguards necessary to protect your data and systems from loss or damage to the maximum extent possible permitted by applicable law. Artisan, its service providers, product suppliers and licensors disclaim any express or implied warranties, including but not limited to, any warranties as to merchantability, fitness for a purpose, or non-infringement.
E. Limitation of Liability
To the maximum extent permitted by law, in no event will Artisan, its officers, directors, employees, its licensors, or its service providers be liable for any damages, indirect, incidental, consequential, aggravated or exemplary damages, including but not limited to, damages for breach of privacy or breach of confidentiality, however caused, even if advised or where Artisan should have been aware of the possibility of such damages in advance.
F. Trademarks
Third-party trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Artisan App are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall be to the benefit of the trademark owner. The use of such Trademarks by Artisan does not constitute:
- an affiliation by Artisan with such company; or
- an endorsement or approval of such company of Artisan and its products and services.
G. Jurisdiction
Your use of the Artisan App, this Agreement, our Privacy Policy and all of our legal terms and notices will be governed by the laws of the State of Queensland, Australia and by using the Artisan App you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.
H. Terms subject to change
You acknowledge and agree that Artisan may change the terms and conditions of this Agreement from time to time. If you do not agree to the changes in this Agreement, your only remedy is to cease using the Application. Your continued use of the Artisan App will be considered as your acceptance of such change.
I. General Legal Terms
- You may not assign or otherwise transfer any rights or obligations under this Agreement without Artisan’s prior written consent;
- This Agreement is the entire agreement between Artisan and you and supersedes any other communication or advertising with respect to the Application;
- If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised solely to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect;
- The failure of Artisan to exercise any rights or provisions of this Agreement shall not constitute a waiver of such rights or provision;
- Sections B, C, D, E, F, G, I, J, L and M of this Agreement shall survive the termination of this Agreement;
- You acknowledge and agree that you are not a third-party beneficiary to any separate agreements between Artisan and its service providers, product suppliers or licensors related to the Application. You have no right to enforce any terms of any third-party agreement, and you are not owed any duties or obligations under any third-party agreement.
J. Confidential Information
You shall not disclose or use Artisan’s confidential information except as provided in this Agreement. You may disclose confidential information if required by law, provided, however, you notify Artisan in advance of such requirement immediately in writing.
For this Clause:
“Confidential Information” means the Artisan App, and related technology, algorithms, and information contained therein, including related trade secrets.
“Confidential Information” does not include information that:
- is, or becomes, publicly known or readily ascertainable without breach of this Agreement;
- is lawfully received by you from a third-party without an obligation of confidentiality;
- is disclosed by Artisan to a third-party without an obligation of confidentiality on the part of the third-party; and
- is disclosed with Artisan’s prior written consent.
K. Acceptable Use Terms
Artisan expects that you will use the Artisan App in a legal and authorised manner. You acknowledge that any illegal or unauthorised use of the Artisan App could be harmful to Artisan or its service providers, its licensors, its customers, or its product suppliers.
L. Australian Consumer Law
Nothing in this Agreement purports to modify or exclude the conditions, warranties or undertakings and any other legal rights under the Competition and Consumer Act 2010 (Cth) and any other law except to the extent permitted by law.
M. Indemnity
You agree to indemnify, defend and hold Artisan, its product suppliers, its service providers and its licensors harmless from and against all claims, liabilities, damages, and losses, including court costs and reasonable legal fees, concerning:
- actual or alleged acts or omissions by you in connection with receipt or use of the Artisan App, including but not limited to, claims that your acts and omissions infringe any third party’s intellectual property rights; or
- your failure to comply with this Agreement.
N. Secure Access
You agree to only access the Artisan App via the login credentials provided by Artisan. You are solely responsible for maintaining the confidentiality and security of your login credentials and for all activities that occur on or through your Artisan App account. You shall notify Artisan immediately if you become aware of any unauthorised use of your login credentials.
ARTISAN AESTHETICS APPLICATION PRIVACY POLICY
Artisan Aesthetics Group recognises the importance of protecting your personal information.
Artisan collects and uses personal information to give our clients a personalised service on our Application.
Our Privacy Policy sets out how we collect, use and disclose personal information and how you can access or correct any personal information we hold about you.
Please ensure you review our Policy from time to time, as we do modify them.
If you have any feedback, or would like to talk to us about any of your personal information we hold, you can email us at feedback@artisanclinics.com