Welcome to the website of My Escape Skin Spa (site). The site is owned and operated by ND Dermal Pty Ltd (ABN 74914087215). References in these Terms and Conditions (T&Cs), our Privacy Policy and our Shipping Policy to “we”, “us” and “My Escape” mean My Escape Skin Spa, Armadale.

Please read these T&Cs carefully before using this site. For the avoidance of doubt, you do not need to create an account to be bound by these T&Cs. Your very use of this site constitutes your agreement to these T&Cs. If you do not agree to any of the provisions contained in these T&Cs, you should not use this site. We may change these T&Cs at any time without notifying you. By continuing to use this site, you agree to the amended T&Cs.

You must not:

  1. Use the site for anything that is illegal or infringes someone else’s rights.
  2. Post or send any material via the site which harms anyone else or use the site to send unsolicited messages.
  3. In any way tamper with the site or transmit any viruses via the site.
  4. Link to this site or any part of this site in a way that damages or takes advantage of our reputation, including but not limited to:

(a) in a way to suggest or imply that you have any kind of association or affiliation with us, or approval or endorsement from us when there is none; or

(b) in a way that is illegal, unfair or misleading.

We do not warrant that the site will be available at all times or without disruption or that the website or the website server are free of viruses or any other harmful components.

APPLICABLE LAW AND JURISDICTION

My Escape Skin Spa is incorporated in, and operates from, Victoria, Australia. All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the laws of Victoria. By using this site, you submit to the jurisdiction of the courts of Victoria and Australia and agree that any legal action will only be commenced in these forums.

CURRENT OFFER

For current promotions please refer to the Promotions tab. All promotional items (or services) are available while stock lasts and during the dates noted.

Payments for booking/reserving your place at our VIP Nights/ days are non-refundable.

Only one promotional offer/discount can be used at one time. Eg You cannot claim rewards points if purchasing a promotional treatment or product on sale.

OUR TRIBES

Mini-break sample packs consists of an ‘experience size’ cleanser, serum, moisturiser and spf.
$55 Birthday bonus consists of $25 discount on a facial treatment and $30 LED add-on.
*The ‘standing day/time’ appointments may not be guaranteed without at least 90 days notice.
**Discount applies to products not already discounted.
~Birthday treatment for our highest level members are valid for your birthday month only and the treatment is to be selected by My Escape Skin Spa.
$50 refer a friend reward applies to treatments valued over $200 only.
Prices and spend requirements are determined by My Escape Skin Spa and may change at any point.

PRODUCT RETURNS

The below returns policy is applicable to all sales made directly from My Escape Skin Spa. For purchases made via another clinic, or David Jones,  please contact them directly for assistance.

Faulty product

In the event that you receive a product that is in some way defective, please call us on 03 9500 9276 to arrange a replacement or refund within 60 days of purchase.

Change of mind

If you change your mind about your purchase, you can return unopened goods to My Escape Skin Spa within 30 days of purchase for a full refund. Unfortunately, we cannot issue a change of mind refund for any goods that have been opened. Please note you will need to cover shipping charges on returned goods unless the item(s) are being returned as a result of an error on behalf of My Escape Skin Spa.

Online Promotions

If you have purchased via our online store and have purchased a promotional product, set or pack and wish to return these items, please follow the same process of returns as mentioned above in “Change of mind”.

Guide to Returning Products

  1. All items must be received by us in the same condition as you received them, so please pack up any returned items carefully to ensure that they arrive safely.

CANCELLATIONS
We understand that from time to time things come up and you just can’t make it in for your treatment – but we do request 48 hours notice to any changes or cancellations so we can offer your time to another client on our waitlist, otherwise you will be charged the full amount of your service. Our online system automatically requires a deposit and likewise if you phone for a booking, we will ask for a 50% deposit for waxing & beauty treatments and $50/hr for all other treatments to secure your appointment.

Please be certain of the services or packages you are booking/ paying deposits for as refunds cannot be offered for change of mind. Visit the Victoria Consumer Affairs website for details. Refunds cannot be offered if you are moving or your situation has changed.

Your treatment outcome is dependent upon many external factors outside our control. Given these external factors, we cannot guarantee individual results or the number of treatments required.

If you are unhappy with any aspect of the service you have received, please bring it to the immediate attention of our management.

RUNNING LATE
If you run late for your appointment we may need to reschedule or change up your treatment so as not to impact other clients. However, please note that as your time and therapist has already been booked and allocated the full original treatment amount will be charged.

Thank you for respecting our team and our time.

ACCOUNT ACCESS

To place orders and access some features of the site, you must provide your details to us. In doing this, you must:

(a) give us accurate and current personal information including your name, address, and a valid email address; and

(b) be at least 18 years old and have the capacity to enter into a legally binding agreement with us.

By creating an account, you agree that you will keep your account details, such as your password, confidential, and not provide these details to any other person. You take full responsibility for all activity that occurs under your account. We are not responsible for any loss or damage resulting from your non-compliance with these terms. All information that you provide to us will be used in accordance with our privacy policy. If you become aware of any loss of your username or password, or believe there has been unauthorised access to your username and password, please contact us immediately. We reserve the right to cancel or change the details of your account at any time.

PRODUCT ORDERS

All prices and availability of the products and treatments listed on the site are subject to change without notice. All prices and fees listed on the site are in Australian Dollars (AUD). If for any reason a price listed on the site is incorrect, whether due to an error by us, information received from a supplier or for any other reason, we have the right to refuse or cancel any order made at the incorrect price, even if the order has been successfully submitted and payment has been made.  In the event that payment has been made for the purchase and the order has been cancelled, we will refund the full amount of the incorrect price paid within a reasonable period of time.

Products purchased from our site are for personal use only and must not be resold without our express consent. By purchasing products from our site, you agree that you will not resell any products, including any part of a product. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

PAYMENT & ORDER CONFIRMATION

My Escape is under no obligation to ship any goods ordered until payment for those goods has been received in full.  My Escape Skin Spa does not accept transactions made through PayPal E-Cheques. In the event that requested goods are unavailable, My Escape may cancel the transaction and provide a full refund. All orders placed are an offer of purchase and are subject to acceptance by My Escape. If an order is not accepted, a full refund will occur at the earliest possible convenience. My Escape reserves the right to refuse an offer for any reason, and to refuse any order that it reasonably believes is for the purpose of resale. All prices listed are inclusive of any applicable Australian goods and services tax.

RESTRICTIONS OF SALE

My Escape only sells within Australia.

CONCLUSION OF TRANSACTION

The agreement for sale is concluded only when goods are handled over to the designated carrier.

LOST OR DAMAGED GOODS

If your order is lost or damaged in transit, please contact us so that we may assist you. Wherever possible, we will work with the courier in an attempt to resolve your issue.

ALLERGIC REACTIONS

It is always important to use products as directed on the label. In the unlikely event that your skin becomes irritated or shows signs of an allergic reaction, please stop using the product immediately and contact us on 03 9500 9276 to speak to one of our skin therapists. If our skin therapist identifies that the product purchased caused a skin reaction, we will exchange the item for another product.

REVIEWS/CONTENT POSTED ON OUR PLATFORMS

By submitting a rating or review to My Escape or by posting any content (including, but not limited to, communications, comments, texts, photographs, videos, sound, music, graphics, suggestions, ideas, reviews, ratings, code or any other data or materials, collectively referred to as “Content”) on our website or any of our social media platforms (including, but not limited to, Facebook, Instagram, Twitter or YouTube), you agree to be bound by these T&Cs. Please do not submit any content if you do not fully agree with these T&Cs.

By submitting any content to My Escape, or posting on our website or social media platforms, you represent and warrant that:

  • you are the sole author and owner of the intellectual property rights thereto;
  • all “moral rights” that you may have in such content have been voluntarily waived by you;
  • all content that you post is accurate;
  • you are at least 13 years old; and
  • use of the content you supply does not violate these T&Cs and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which you were compensated or granted any consideration by any third party;
  • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
  • that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold My Escape Skin Spa (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant My Escape a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at My Escape’s sole discretion. We reserve the right to change, condense or delete any content on our website or social media platforms that we deem, in our sole discretion, to violate any provision of these T&Cs. My Escape does not guarantee that you will have any recourse to edit or delete any content you have submitted. My Escape reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, and not My Escape, are solely responsible for the contents of the submitted content (whether edited by us or not). None of the content that you submit shall be subject to any obligation of confidence on the part of My Escape, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

THIRD PARTY LINKS

This site may contain links to other websites from time to time, which we do not control. My Escape is not responsible for the content of those websites. Although we would typically approve of the content contained in those websites, we do not endorse, provide any warranty or take any responsibility for any aspect of those websites or their content. The links to those websites are provided for convenience only and may not remain current. You use them entirely at your own risk.

ADVICE AND INFORMATION

The advice and information contained within this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. Whist we make every effort to ensure that the information contained within this site is correct, we take no responsibility for any loss or damage arising from its use.

LIMITATION OF LIABILITY

You agree that to the maximum extent permitted by law we will not be liable to you for any loss or damage in connection with any goods or services we provide to you including your use of this site and the products you order on this site. To the maximum extent permitted by law, you hereby release and forever waive all claims that you may have against us or our officers, directors, employees, or agents for any loss or damage you may sustain in connection with your use of this site and the products you order on this site.

Where a warranty is implied by law in relation to our provision of goods or services to you which may not be excluded, then to the extent permitted by law, our liability for breach of the warranty will, at our option, be limited to the supply of the goods or services again or (where applicable) having them repaired or replaced; or paying the cost of having them supplied again, repaired or replaced.

INDEMNITY

We rely on you to comply with these T&Cs. You agree to indemnify us for all losses, expenses, damages and costs, including legal fees, resulting from any violation of these T&Cs. You also agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of your use of this site.

COPYRIGHT

My Escape Skin Spa, unless otherwise stated, owns (or has a licence to use) all content on this site and in any of our e-newsletters, including trademarks, text, icons, audio and graphics, which are protected by copyright law. You must not publish, distribute, extract, re-utilise or reproduce any material contained either on this site or in any of our e-newsletters without our prior written permission. Content that we post to Facebook or Instagram may be shared without our prior consent, but it must not be modified or altered in any way. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.

PRIVACY POLICY

Please see our Privacy Policy here.

 

CONTACT US

If you have any questions relating to these T&Cs or about our site, please contact us by emailing hello@myescapeskinspa.com.au