BACKGROUND
The Promoter provides a membership to Claimants in exchange for goods and services at The Premises.
DEFINITIONS
Agreement refers to This Agreement.
Business Day means a day that is not a Saturday, Sunday, public holiday, or bank holiday in NSW.
Claimant means the entity (individual or otherwise) who have accepted these terms and conditions.
Premises means Shop 5048 / 500 Oxford Street, 2022.
Promotion means the membership which The Promoter has created.
Agreed Rate refers to the weekly amount owed by The Claimant for The Promotion.
Closure Period means the time required by state or federal governments to temporarily close The Premises.
Transferee means the individual who The Claimant has passed on The Promotion and its responsibilities to.
Cancellation Period means the date of the final payment receive by The Promoter for The Promotion.
INTERPRETATION
Term: The Promotion continues while The Claimant makes payments. It may be terminated at any time at The Premises.
Eligibility: Claimants must be residents of Australia, and be at least aged 18.
Method: To participate in The Promotion, The Claimant must accept these terms and conditions and continue to make payments for the duration of the agreement.
Membership:
- Claimants will pay $15 weekly (“Agreed Rate”) for $16.5 of Q-Tox credit.
- The Promotion is not subject to pro-rata rates and will continue to accrue at the agreed rate until terminated under its terms.
- Claimants will be entitled to unlimited LEDs at The Premises, subject to availability.
Fees:
- The first Agreed Rate will be payable on the first Monday after completing the registration process.
- The Agreed Rate is to be paid by direct debit. All subsequent Agreed Rates will be payable weekly on a Monday. Please note:
- Debit dates are preset; and
- If a debit date falls on a Non-Business Day, The Promoter will debit The Claimant’s account on the next Business Day.
- In return for the Agreed Rate, The Claimant may select Q-Tox products or treatments using the credit on their account. The credit does not cover plastic surgery fees or associated fees, unless otherwise granted by The Promotor.
- The credit may not be combined with any other promotion or offer unless otherwise specified by The Promoter.
- The Promoter reserves the right to add a surcharge to The Claimant’s direct debit, not greater than the cost of accepting that payment method from our external third-party provider.
- The Claimant may not time freeze The Promotion unless The Promoter is subject to the Closure Period.
- The Promotor may freeze The Claimant’s membership for that Closure Period. The Claimant is entitled to request cancellation of the membership during the Closure Period, but processing of the cancellation may be delayed until after the Closure Period has ended.
- When The Claimant uses credit, the dollar value of the transaction will be deducted from the balance on The Claimant’s account. Any remaining balance of credit will not be provided in cash, however, it may be applied to future purchases.
Credit conditions:
- Credit will be added to The Claimant’s account that is linked with The Promotion within 5 (five) Business Days of receipt of the Agreed Rate.
- After 12 (twelve) months from the date of termination, any outstanding credit will expire, unless otherwise determined by The Promotor.
Termination:
- The Claimant may terminate The Promotion at any time, however, will not be entitled to a refund for any Fees already paid at the date of termination.
- After termination, any unused credit at the end of this period will be held by The Promoter and is non-transferable and may not be exchanged for cash, or cash equivalents.
Transfer & Sharing of Membership:
- At The Promoter’s discretion, The Claimant may transfer The Promotion to another person (“Transferee”) so long as The Transferee:
- Is not a current member; and
- Completes the sign-up process; and
- Is eligible to apply for The Promotion; and
- Has not previously been banned by The Promotor; and
- Both The Claimant and The Transferee are to be present in person to sign and witness this transfer.
- The Promotion is not to be shared.
Other Conditions:
- The Promotion does not include discounts on delivery or the ability to use credit towards shipping fees.
- If The Claimant fails to pay The Agreed Rate when due, The Promoter will reattempt again until successful for two consecutive Business Days. Any outstanding balance will be carried forward such that the next payment will be for the previous and current months. If payment is still outstanding for 2 (two) weeks, The Promoter may treat this as The Claimant giving notice of termination and cancel The Promotion.
- The Promoter may at any time amend the terms of The Agreement by notice on the website or by email to The Claimant.
- Where an amendment could be reasonably expected to adversely affect The Claimant, The Promoter will give reasonable notice of the variation having regard to the nature of the amendment.
- The Promotion will also be subject to the Terms of Service, which are available at Q-tox.com (as amended from time to time).
- In some instances, the value of The Claimant’s purchase may be more than the value of credit available. This will result in in The Claimant’s being charged for the difference.
- To ensure that banking information is not being used without consent, The Promoter reserves the right to validate names, addresses and other personal information supplied by The Claimant during the registration process against appropriate third-party databases. The Promoter also reserves the right to perform a credit check.
- The Promoter collects The Claimants personal information in order to conduct The Promotion. Personal details are kept in accordance with the Q-Tox Privacy Policy which is accessible on Q-Tox.com.
- The Promoter’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, The Claimant is entitled to cancel the Promotion, and to a refund for the unused portion, or to compensation for its reduced value. The Claimant may also choose a refund or replacement for major failures with goods. If a failure with the goods or services does not amount to a major failure, The Claimant may have the failure rectified in a reasonable time. If this is not done, The Claimant is entitled to a refund for the goods and to cancel the contract for the service and obtain a refund for any unused portion. The Claimant is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or services.
- The Promoter reserves the right to terminate The Promotion if The Claimant breaches any of the terms of The Agreement.
- If for any reason The Promotion is not capable of running as planned, The Promoter reserves the right in its sole discretion to modify The Promotion.
- The Promoter may send The Claimant information relating to payment authorisations, invoices, changes in password or payment methods, confirmation messages, or notices in electronic form only, for example via emails provided during registration.
- If a lower agreed rate is advertised, The Claimant is ineligible to claim the difference.
- The Promoter, at its sole discretion may ban individuals from participating in The Promotion.
- A Claimant’s participation in The Promotion does not guarantee that they will be allowed to receive certain services, for example those which require Schedule 4 medication. The ability to receive these services is at the discretion of Q-Tox, and scripting doctors.
- Websites may contain information on Q-Tox’s products and services, not all of which are available in every location. A reference to a product or service on websites or social media does not imply that such product or service is available at each location.
- LEDs will run for a minimum of ten minutes, to a maximum of twenty minutes at the discretion of The Promoter.
- All credit expires five years from payment.