AQULIFT TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE AQULIFT WEBSITE, either as a visitor or a registered trainee.
The AQULIFT website is intended solely to provide information to Providers of healthcare services who wish to purchase AQULIFT Threads and train in their use - it is NOT intended or directed towards members of the public.
THIS WEBSITE IS NOT A SUBSTITUTE FOR MEDICAL OR HEALTHCARE ADVICE – INDEPENDENT MEDICAL OR HEALTHCARE ADVICE SHOULD BE SOUGHT PRIOR TO UNDERGOING ANY TREATMENT.
By using this website, you accept that you have read and agree to be bound by these terms and conditions of use, and that you are at least 18 years of age and have the authority to enter into the Terms of Use.
----
The following provisions govern your use of the AQULIFT website ("aqulift.com.au”) and all other services made available to you through the AQULIFT website.
Please also see our Privacy Policy.
This website is owned and operated by GLOBAL HEALTHCARE ENTREPRENEURS PTY LTD, ACN: 627 347 862. AQULIFT AUSTRALIA is a registered trademark, business and trading name of GLOBAL HEALTHCARE ENTREPRENEURS PTY LTD, that is subject to Copyright protections.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Professional Standards
AQULIFT upholds the very highest international standards of practice and promotes this during training and product sales.
Users & trainees are expected to conduct themselves courteously and professionally, at all times, in dealings with AQULIFT, fellow professionals and the public. Failure to adhere to standards of professional conduct or behaviour may result in cancellation of membership, access to this website and refusal to supply products. Decisions regarding such action are at the sole discretion of AQULIFT and no fee or product refund would be payable, under any circumstances, should AQULIFT find it necessary to cancel a membership, access to this website or refuse to supply products for a breach of professional standards.
General Disclaimer & Copyright
Care has been given to confirm the accuracy of the information presented on the AQULIFT website; in personal communications; during training and in all written materials. However, AQULIFT, the authors, editors, publishers, printers, trainers, employees and parent companies are not responsible for errors or omissions and make no warranty, express or implied, with respect to the contents of the material delivered. AQULIFT cannot be held responsible for any consequences from the application of the information contained on the website or through the use of products purchased or in lectures, manuals, printed materials and other communication and training provided.
AQULIFT has exerted every effort to ensure all information presented is in accordance with current recommendations and accepted practice at the time of publication or other communication. However, in view of ongoing research, changes in government legislation, the constant flow of information relating to drug therapy and drug interactions - users or receivers of AQULIFT materials, information and training are responsible for ensuring they continually update and refresh their knowledge and skills in relation to their clinical practice and legal position.
AquLift Intellectual Property Rights
Copyright 2022 AquLift Australia. All rights reserved.
All copyrightable text, audio, video, graphics, charts, photographs and icons, design, selection, and arrangement of content in any medium on this website is copyrighted by AQULIFT, unless otherwise noted. The distinctive and original layout and presentation of this site also constitutes protectable trade dress under applicable Commonwealth law. In addition, many registered and unregistered marks may appear throughout this site and they are the sole property of AQULIFT. This site may also contain references to third-party marks, which are the property of their respective owners. If you have any questions regarding a specific mark or any other aspect of AQULIFT intellectual property, please contact AQULIFT administration for clarification. Any unauthorized use of any of AQULIFT'S marks, or of its copyrighted material or trade dress or any other intellectual property, is strictly prohibited, and will be prosecuted to the fullest extent that the law provides.
Training Package Cancellation
Once the access link sent to course registrants (trainees) has been accepted and activated, with online training resources through the website, www.aqulift.com.au, having been accessed, the course and training is deemed to have commenced and no refund is due for cancellation or failure to attend after this time. Until that time, AquLift will permit a refund of the full course fee (minus an administration fee of $1000+GST) should the participant withdraw from the course, prior to 1 month before the scheduled practical training session. If the participant cancels the course within 1 month of the scheduled practical training date, no refund is due, regardless of whether the online training resources have been accessed or not. If the participant fails to attend the scheduled practical training session, no refund is due.
AquLift reserves the right to cancel, relocate or reschedule a practical course date for any reason, at any time, and cannot be held responsible for hotel deposits; non-refundable airline tickets or other associated fees paid in advance by the participant. No refunds are due under such circumstances.
All refund requests MUST be made in writing, via email, to: info@aqulift.com.au.
No refund requests will be considered via telephone.
Participants are responsible for determining whether they are able to perform these procedures within their own practices and whether they form a part of their individual scope of practice. AquLift provides no assurances in this regard and cannot be held responsible for current or future decisions or policy by the Health Practitioner Boards of Australia or other regulatory/legislative bodies in relation to the provision of treatments that may limit their use in practice. Participants are responsible for ensuring they have an adequate level of indemnity cover and that this cover includes the use of facial injectable thread lift treatments. AquLift will not be held responsible if a participant is refused coverage for facial injectables by an insurer for any reason or is unable to obtain materials for use in practice.
Registered health practitioners are responsible for their own patients and treatment choices. AquLift does not encourage practitioners to use facial injectables beyond their training and experience. It is the responsibility of each individual practitioner to ensure patients under their care are treated appropriately and that a therapeutic need exists for the use of Schedule 4 medications and all material contained in AquLift training is AquLift opinion only, it being the responsibility of each individual practitioner to determine the appropriateness of CPD to their clinical practice.
Information contained in training programs by AquLift is confidential and you may not share or use any of the information or content contained in any training manual or course for commercial purposes, other than treating your own patients, or to establish, operate or maintain your own product or service offering in competition to AquLift. 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.
AquLift Privacy Policy
At AQULIFT, your privacy is important to us. This Privacy Policy lays out our commitment and obligations with respect to information collected about you. The phrase Personally Identifiable Information in this policy shall refer to information or a combination of information that you provide to us through the Internet, via Electronic mail, telephone, facsimile or normal post, that can be used to uniquely identify you.
Collection and Use of Information by AQULIFT
AQULIFT may collect any content, record, or electronic communication of any kind, including Personally Identifiable Information, subject to applicable laws. By contacting AQULIFT, you expressly consent to AQULIFT sharing your personal information with third parties including our agents, partners and members. You also consent to AQULIFT contacting you with information we feel may be of interest to you. If you do not wish for AQULIFT to share your information, please do not contact AQULIFT. AQULIFT maintains full rights to any information collected on this site, and may freely collect and use such information, unless otherwise prohibited by this Privacy Policy or applicable law.
Requests for Access to Your Information or Corrections to Errors or Changes in This InformationIf you wish to have access to Personally Identifiable Information about you in our records, please contact us with your request at the mailing address or e-mail address located under the Contact AQULIFT paragraph of the website. You may also request that we update Personally Identifiable Information about you, or request correction of any factual errors that you believe may exist regarding this information. We will use commercially reasonable efforts to accommodate such requests.
GENERAL TERMS AND CONDITIONS
Throughout the site, the terms “AQULIFT”, “we”, “us” and “our” refer to GLOBAL HEALTHCARE ENTREPRENEURS PTY LTD. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions of use (“Terms of Service”, “Terms”, “Terms and Conditions of Use”, “Terms and Conditions”, “Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, Providers and contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Use. If you do not agree to all the Terms, then you may not access the website or use any services. You are urged to review these Terms and Conditions of Use each time you access the website – if, at any time, you do not agree to ALL of these Terms, do not use the AQULIFT website.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. We reserve the right to refuse service to anyone, for any reason, at any time.
We reserve the right to update, change or replace any part of these Terms and Conditions of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Any new features or tools which are added to the current website shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. You must not use any means of automatically searching or mining data from the AQULIFT website or in any way interfere or attempt to interfere with the proper operation of the AQULIFT website.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the AQULIFT website, our systems or data or those of any third party via the AQULIFT website.
USER SUBMISSIONS
It is a requirement of these Terms and Conditions that all information or content you post and/or submit to be posted or used on the AQULIFT website, including all advertisements, logos, trademarks, photos, designs, illustrations, images and records, are either your own (of you), or are those for which you have the express permission from their owner (someone else), for their use or you are the legal guardian of the owner (someone else).
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Subject to any other provisions of these Terms, by submitting information or content to any part of the AQULIFT website, you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, analyse, interpret and share the information, internally and confidentially, for the purposes of amending, improving, expanding and developing our Service.
You warrant that all information you post to the AQULIFT website:
You must not post any information which:
If, at our request, you send certain specific submissions (for example reviews and ratings) or without a request from us you send creative ideas, suggestions, testimonials, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
REVIEW OF ALL INFORMATION AND SUBMISSIONS
All information you provide, including profile information, personally identifiable information, confidential information, medical history information, files and records that you upload, messages that you send and receive, your activity in dialogue, discussion, ratings/reviews and forums on the AQULIFT website, are subject to review, monitoring, modification and deletion without notice by us, should we deem them to be inappropriate for any reason or in breach of these Terms. Monitoring of this information also assists us internally to refine and improve our Service.
We may deny you access to all or part of the AQULIFT website and/or suspend or cancel your service registration and account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss, financial or otherwise, or missed business opportunity, that may result from the suspension or cancellation of your service registration and account. No refunds of fees will be payable under any circumstances.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
COPYRIGHT AND TRADEMARKS
The entire content and design of the AQULIFT website, including all trademarks, text, images, audio and video files, is proprietary to us and is protected by copyright laws. The AQULIFT website is for your personal, non-commercial use.
You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the AQULIFT website, and/or our various communications with you, without our express prior written permission.
You may not use any of the information or content on the AQULIFT website or contained in any training manual or course materials for commercial purposes or to establish, operate or maintain your own product or service offering. 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.
The AQULIFT name and logos appearing on the Website are trademarks belonging to AQULIFT. Any use of these trademarks without our prior written permission is a breach of the Australian Trade Marks Act 1995 (Cth) and relevant laws in other countries and is expressly prohibited. Third party trademarks may appear on this Website and all rights therein are reserved to the registered owners of those trademarks.
AQULIFT grants you a limited, revocable, non-exclusive right to create a hypertext link to the home page of the AQULIFT website, provided that you have an active account for Service on the website and such hyperlink does not portray AQULIFT in a false, misleading or otherwise illegal or offensive manner. You may not make any part of the website available as part of another website by use of inline imaging, framing technologies or any other method of incorporating parts of the website into another site without the prior written permission of AQULIFT. You will be liable for any direct or indirect consequences of hyperlinking or framing and will fully indemnify AQULIFT in respect of any loss or damage suffered in respect thereof.
GENERAL DISCLAIMER
The AQULIFT website is provided on an 'as is, with all faults and as available' basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade.
We make no representation or warranty that any content of the AQULIFT website is accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and use of the AQULIFT website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components.
We reserve the right to discontinue operating the AQULIFT website at any time without notice. Prices for our services are subject to change without notice.
Your use of the AQULIFT website is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the AQULIFT website.
Neither we nor anyone else involved in creating, producing or delivering the AQULIFT website, our communications with you, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the AQULIFT website.
We strive to provide valuable and accurate information. The editors of the material contained in the AQULIFT website have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the AQULIFT website neither we nor any other party involved in the preparation of material contained in the AQULIFT website or in our correspondence with you, represents or warrants that the information contained therein is in every respect accurate or complete, and they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other more reliable, primary and timely sources.
Consumers reading articles or other material posted on the AQULIFT website or in our communications with you, should review the information carefully. The information is not intended in any way to be a substitute for professional healthcare advice and AQULIFT is not a Provider of healthcare services. Neither the content nor any other service offered through the AQULIFT website or our communications is intended as professional healthcare advice.
SUITABILITY & INTERACTION DISCLAIMER
While we do ensure that healthcare Providers listed on the AQULIFT website are registered in the appropriate categories of service, with the relevant regulatory and licensing bodies, at the time of their initial service registration and account set-up, we do not do this on an ongoing basis. As circumstances can change in this regard, it is your responsibility to ensure the Provider you are working with meets all the legal, ethical, moral and technical specifications required to provide you with the service you seek.
We do not examine, determine or warrant the ongoing certification and/or licensing, competence, solvency or information of any healthcare professional or facility listed on the AQULIFT website. We rely on the professionals or the facilities listed on the AQULIFT website to provide accurate information and assume no responsibility for verifying the information provided.
Use of our Service to locate a professional or facility is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our Service for the selection of a healthcare professional or facility or for the services provided by any healthcare professional or facility listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any healthcare professional or other service provider with the applicable licensing Board or agency.
Many health professions are now governed in Australia by the Australian Health Practitioner Regulation Agency (AHPRA), who maintain a current, searchable register of health professionals, which can be viewed here: https://www.ahpra.gov.au/Registration/Registers-of-Practitioners.aspx
You should satisfy yourself as to the competence, solvency, insurances and licensing of anybody you decide to consult with as a result of a connection made through our service. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you consult as a consequence of using our service.
AQULIFT is not an agent for any of the Members listed on this website and has no responsibility for and no liability whatsoever in respect of the conduct of the Member, appointment scheduling or the provision of a health service by a Member.
If your health concern is urgent, including if you have a medical emergency, you should seek urgent medical or hospital attention in person and NOT use this website.
PUBLICITY AND THIRD PARTY USE AND DISCLOSURE OF MEMBER INFORMATION
Members agree that AQULIFT may use any Member content for the promotion and marketing purposes of AQULIFT and grants AQULIFT an irrevocable licence to use such content in this way, providing that AQULIFT does not knowingly use any Member Content for promotion or marketing purposes in a way which would detract from the good name and reputation of the Member. The Member must obtain any necessary consents or approvals for such use of the Member. Such licence shall continue despite any termination of this Agreement. Members agree that AQULIFT may place any Member on any third-party websites or infrastructure or supply to third parties any Member Content in order to offer the Services through a different website or through a partner organisation.
THIRD-PARTY LINKS
The AQULIFT website may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or web site link on the AQULIFT website and/or in our communications with you, does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions of Use, you are prohibited from using the site or its content:
PAYMENT FACILITATOR
We use Stripe as a third-party service provider for internet based payment services to facilitate payments for transactions between you and us. You agree to be bound by the Stripe Privacy Policy which is located here: https://stripe.com/au/privacy/ and hereby consent and authorise us and Stripe to share any information and payment instructions you provide with one another and, to the extent required to complete your transactions, with any third-party service provider(s). You also agree to be bound Stripe’s User Terms which are located here: https://stripe.com/au/legal.
REGISTRATION
You must register and obtain a service account in order to utilise the restricted sections of the AQULIFT website. After you have registered, you will receive communications from us, confirming your registration details. Your service account will then be activated and you will have established a username and password.
You must not disclose your password to any third party and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with “aqulift.com.au”. If you suspect any unauthorised use of your service account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your service account.
You may close your service account at any time but you will remain liable for obligations related to your service account and in line with these Terms and Conditions, after it has been closed.
Participants in AQULIFT training programs are required to pass both theoretical and practical competency assessments in order to gain certification. Registration for a training program does not guarantee certification without first passing these assessments. If sufficient competency is not achieved to pass an assessment and attain certification, AQULIFT will work with the practitioner to identify short-comings and develop skills to then be able to “RESIT” the competency assessment at no additional fee.
Practitioners will not be able to attain insurance or perform the procedures in practice until they return, “RESIT” and pass the competency assessments.
AQULIFT's decision, as to what is constitutes a PASS or RESIT result; what constitutes an acceptable competency standard and whether a practitioner passes or fails a competency assessment, is final and absolute. Failing to PASS an assessment and achieve competency, resulting in a failure to achieve certification is not grounds for a refund of course registration fees or any other compensation.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms and Conditions or any activity related to your service account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the AQULIFT website using your service account.
WAIVER, RELEASE AND LIMITATION OF LIABILITY
You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the AQULIFT website.
You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of the AQULIFT website.
Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded, will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
Notwithstanding the foregoing paragraph, to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the AQULIFT website shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$500.
Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the AQULIFT website is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.
Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the AQULIFT website, or resulting from the act or omission of any other party involved in making the AQULIFT website or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the AQULIFT website or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us.
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
COMPLAINTS AND DISPUTES
If you have an issue or complaint regarding the AQULIFT website or Service, please contact us via email at: info@aqulift.com.au.
PRODUCT PURCHASES & SHIPPING
No refunds will be given for product purchases and no returns are possible given the nature of Class 3 medical devices.
All product orders are shipped under strict FOB(Adelaide, Australia), shipping conditions, meaning the buyer assumes responsibility for the product as soon as it is dispatched from our warehouse. Should you wish to arrange insurance through our logistics firm, please let us know during the ordering process.
BEST PRICE GUARANTEE
AquLift's "Best Price" Guarantee applies only to products on the Australian market that are of a comparable type and quality, as determined by AquLift. AquLift's determination in relation to what constitutes a product of a comparable type and quality, is final. Prices of comparable products must be advertised prices, available for viewing on an open, transparent and public forum to qualify.
If a price comparison qualifies, under this guarantee, AquLift will better the comparable product price by 10% of the difference between the price of the Aqulift product and the price of the comparable product.
If within 4 weeks of an AquLift full price purchase a customer locates a lower price of a comparable product, AquLift will refund the difference between the price paid to AquLift and the price of the comparable product.
PRACTICEPAY PAYMENT PLANS
AquLift is not responsible for the approval of credit terms in relation to PracticePay payment plans and no guarantee is given that practitioners will be able to avail themselves of this service. All decisions relating to approval and management of the payment plans rests with PracticePay.
MISCELLANEOUS
Advertisers and sponsors of the AQULIFT website and/or its correspondence have no influence on editorial content or presentation. You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the "Contact Us" facility on the AQULIFT website or via email to: info@aqulift.com.au.
Any formal notices or communications should be sent to our postal address set out at the beginning of these Terms and Conditions. A notice sent to you by email will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice.
If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.
These Terms and Conditions are governed by the laws of Queensland, Australia.
Last updated on 13/02/2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE AQULIFT WEBSITE, either as a visitor or a registered trainee.
The AQULIFT website is intended solely to provide information to Providers of healthcare services who wish to purchase AQULIFT Threads and train in their use - it is NOT intended or directed towards members of the public.
THIS WEBSITE IS NOT A SUBSTITUTE FOR MEDICAL OR HEALTHCARE ADVICE – INDEPENDENT MEDICAL OR HEALTHCARE ADVICE SHOULD BE SOUGHT PRIOR TO UNDERGOING ANY TREATMENT.
By using this website, you accept that you have read and agree to be bound by these terms and conditions of use, and that you are at least 18 years of age and have the authority to enter into the Terms of Use.
----
The following provisions govern your use of the AQULIFT website ("aqulift.com.au”) and all other services made available to you through the AQULIFT website.
Please also see our Privacy Policy.
This website is owned and operated by GLOBAL HEALTHCARE ENTREPRENEURS PTY LTD, ACN: 627 347 862. AQULIFT AUSTRALIA is a registered trademark, business and trading name of GLOBAL HEALTHCARE ENTREPRENEURS PTY LTD, that is subject to Copyright protections.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Professional Standards
AQULIFT upholds the very highest international standards of practice and promotes this during training and product sales.
Users & trainees are expected to conduct themselves courteously and professionally, at all times, in dealings with AQULIFT, fellow professionals and the public. Failure to adhere to standards of professional conduct or behaviour may result in cancellation of membership, access to this website and refusal to supply products. Decisions regarding such action are at the sole discretion of AQULIFT and no fee or product refund would be payable, under any circumstances, should AQULIFT find it necessary to cancel a membership, access to this website or refuse to supply products for a breach of professional standards.
General Disclaimer & Copyright
Care has been given to confirm the accuracy of the information presented on the AQULIFT website; in personal communications; during training and in all written materials. However, AQULIFT, the authors, editors, publishers, printers, trainers, employees and parent companies are not responsible for errors or omissions and make no warranty, express or implied, with respect to the contents of the material delivered. AQULIFT cannot be held responsible for any consequences from the application of the information contained on the website or through the use of products purchased or in lectures, manuals, printed materials and other communication and training provided.
AQULIFT has exerted every effort to ensure all information presented is in accordance with current recommendations and accepted practice at the time of publication or other communication. However, in view of ongoing research, changes in government legislation, the constant flow of information relating to drug therapy and drug interactions - users or receivers of AQULIFT materials, information and training are responsible for ensuring they continually update and refresh their knowledge and skills in relation to their clinical practice and legal position.
AquLift Intellectual Property Rights
Copyright 2022 AquLift Australia. All rights reserved.
All copyrightable text, audio, video, graphics, charts, photographs and icons, design, selection, and arrangement of content in any medium on this website is copyrighted by AQULIFT, unless otherwise noted. The distinctive and original layout and presentation of this site also constitutes protectable trade dress under applicable Commonwealth law. In addition, many registered and unregistered marks may appear throughout this site and they are the sole property of AQULIFT. This site may also contain references to third-party marks, which are the property of their respective owners. If you have any questions regarding a specific mark or any other aspect of AQULIFT intellectual property, please contact AQULIFT administration for clarification. Any unauthorized use of any of AQULIFT'S marks, or of its copyrighted material or trade dress or any other intellectual property, is strictly prohibited, and will be prosecuted to the fullest extent that the law provides.
Training Package Cancellation
Once the access link sent to course registrants (trainees) has been accepted and activated, with online training resources through the website, www.aqulift.com.au, having been accessed, the course and training is deemed to have commenced and no refund is due for cancellation or failure to attend after this time. Until that time, AquLift will permit a refund of the full course fee (minus an administration fee of $1000+GST) should the participant withdraw from the course, prior to 1 month before the scheduled practical training session. If the participant cancels the course within 1 month of the scheduled practical training date, no refund is due, regardless of whether the online training resources have been accessed or not. If the participant fails to attend the scheduled practical training session, no refund is due.
AquLift reserves the right to cancel, relocate or reschedule a practical course date for any reason, at any time, and cannot be held responsible for hotel deposits; non-refundable airline tickets or other associated fees paid in advance by the participant. No refunds are due under such circumstances.
All refund requests MUST be made in writing, via email, to: info@aqulift.com.au.
No refund requests will be considered via telephone.
Participants are responsible for determining whether they are able to perform these procedures within their own practices and whether they form a part of their individual scope of practice. AquLift provides no assurances in this regard and cannot be held responsible for current or future decisions or policy by the Health Practitioner Boards of Australia or other regulatory/legislative bodies in relation to the provision of treatments that may limit their use in practice. Participants are responsible for ensuring they have an adequate level of indemnity cover and that this cover includes the use of facial injectable thread lift treatments. AquLift will not be held responsible if a participant is refused coverage for facial injectables by an insurer for any reason or is unable to obtain materials for use in practice.
Registered health practitioners are responsible for their own patients and treatment choices. AquLift does not encourage practitioners to use facial injectables beyond their training and experience. It is the responsibility of each individual practitioner to ensure patients under their care are treated appropriately and that a therapeutic need exists for the use of Schedule 4 medications and all material contained in AquLift training is AquLift opinion only, it being the responsibility of each individual practitioner to determine the appropriateness of CPD to their clinical practice.
Information contained in training programs by AquLift is confidential and you may not share or use any of the information or content contained in any training manual or course for commercial purposes, other than treating your own patients, or to establish, operate or maintain your own product or service offering in competition to AquLift. 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.
AquLift Privacy Policy
At AQULIFT, your privacy is important to us. This Privacy Policy lays out our commitment and obligations with respect to information collected about you. The phrase Personally Identifiable Information in this policy shall refer to information or a combination of information that you provide to us through the Internet, via Electronic mail, telephone, facsimile or normal post, that can be used to uniquely identify you.
Collection and Use of Information by AQULIFT
AQULIFT may collect any content, record, or electronic communication of any kind, including Personally Identifiable Information, subject to applicable laws. By contacting AQULIFT, you expressly consent to AQULIFT sharing your personal information with third parties including our agents, partners and members. You also consent to AQULIFT contacting you with information we feel may be of interest to you. If you do not wish for AQULIFT to share your information, please do not contact AQULIFT. AQULIFT maintains full rights to any information collected on this site, and may freely collect and use such information, unless otherwise prohibited by this Privacy Policy or applicable law.
Requests for Access to Your Information or Corrections to Errors or Changes in This InformationIf you wish to have access to Personally Identifiable Information about you in our records, please contact us with your request at the mailing address or e-mail address located under the Contact AQULIFT paragraph of the website. You may also request that we update Personally Identifiable Information about you, or request correction of any factual errors that you believe may exist regarding this information. We will use commercially reasonable efforts to accommodate such requests.
GENERAL TERMS AND CONDITIONS
Throughout the site, the terms “AQULIFT”, “we”, “us” and “our” refer to GLOBAL HEALTHCARE ENTREPRENEURS PTY LTD. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions of use (“Terms of Service”, “Terms”, “Terms and Conditions of Use”, “Terms and Conditions”, “Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, Providers and contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Use. If you do not agree to all the Terms, then you may not access the website or use any services. You are urged to review these Terms and Conditions of Use each time you access the website – if, at any time, you do not agree to ALL of these Terms, do not use the AQULIFT website.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. We reserve the right to refuse service to anyone, for any reason, at any time.
We reserve the right to update, change or replace any part of these Terms and Conditions of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Any new features or tools which are added to the current website shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. You must not use any means of automatically searching or mining data from the AQULIFT website or in any way interfere or attempt to interfere with the proper operation of the AQULIFT website.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the AQULIFT website, our systems or data or those of any third party via the AQULIFT website.
USER SUBMISSIONS
It is a requirement of these Terms and Conditions that all information or content you post and/or submit to be posted or used on the AQULIFT website, including all advertisements, logos, trademarks, photos, designs, illustrations, images and records, are either your own (of you), or are those for which you have the express permission from their owner (someone else), for their use or you are the legal guardian of the owner (someone else).
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Subject to any other provisions of these Terms, by submitting information or content to any part of the AQULIFT website, you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, analyse, interpret and share the information, internally and confidentially, for the purposes of amending, improving, expanding and developing our Service.
You warrant that all information you post to the AQULIFT website:
- complies with all relevant laws;
- does not infringe the intellectual property rights (including but not limited to copyright and trademarks) of any person, company or organisation;
- is not misleading or deceptive nor likely to mislead or deceive;
- does not violate any privacy laws or regulations or confidentiality restrictions. You warrant that all information submitted by you and posted on the AQULIFT website, is true, complete and correct.
You must not post any information which:
- is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or
- contains any virus, worm, Trojan or other code which is contaminating or destructive to the files, data or programs of the AQULIFT website or any of our users.
If, at our request, you send certain specific submissions (for example reviews and ratings) or without a request from us you send creative ideas, suggestions, testimonials, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
REVIEW OF ALL INFORMATION AND SUBMISSIONS
All information you provide, including profile information, personally identifiable information, confidential information, medical history information, files and records that you upload, messages that you send and receive, your activity in dialogue, discussion, ratings/reviews and forums on the AQULIFT website, are subject to review, monitoring, modification and deletion without notice by us, should we deem them to be inappropriate for any reason or in breach of these Terms. Monitoring of this information also assists us internally to refine and improve our Service.
We may deny you access to all or part of the AQULIFT website and/or suspend or cancel your service registration and account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss, financial or otherwise, or missed business opportunity, that may result from the suspension or cancellation of your service registration and account. No refunds of fees will be payable under any circumstances.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
COPYRIGHT AND TRADEMARKS
The entire content and design of the AQULIFT website, including all trademarks, text, images, audio and video files, is proprietary to us and is protected by copyright laws. The AQULIFT website is for your personal, non-commercial use.
You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the AQULIFT website, and/or our various communications with you, without our express prior written permission.
You may not use any of the information or content on the AQULIFT website or contained in any training manual or course materials for commercial purposes or to establish, operate or maintain your own product or service offering. 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.
The AQULIFT name and logos appearing on the Website are trademarks belonging to AQULIFT. Any use of these trademarks without our prior written permission is a breach of the Australian Trade Marks Act 1995 (Cth) and relevant laws in other countries and is expressly prohibited. Third party trademarks may appear on this Website and all rights therein are reserved to the registered owners of those trademarks.
AQULIFT grants you a limited, revocable, non-exclusive right to create a hypertext link to the home page of the AQULIFT website, provided that you have an active account for Service on the website and such hyperlink does not portray AQULIFT in a false, misleading or otherwise illegal or offensive manner. You may not make any part of the website available as part of another website by use of inline imaging, framing technologies or any other method of incorporating parts of the website into another site without the prior written permission of AQULIFT. You will be liable for any direct or indirect consequences of hyperlinking or framing and will fully indemnify AQULIFT in respect of any loss or damage suffered in respect thereof.
GENERAL DISCLAIMER
The AQULIFT website is provided on an 'as is, with all faults and as available' basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade.
We make no representation or warranty that any content of the AQULIFT website is accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and use of the AQULIFT website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components.
We reserve the right to discontinue operating the AQULIFT website at any time without notice. Prices for our services are subject to change without notice.
Your use of the AQULIFT website is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the AQULIFT website.
Neither we nor anyone else involved in creating, producing or delivering the AQULIFT website, our communications with you, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the AQULIFT website.
We strive to provide valuable and accurate information. The editors of the material contained in the AQULIFT website have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the AQULIFT website neither we nor any other party involved in the preparation of material contained in the AQULIFT website or in our correspondence with you, represents or warrants that the information contained therein is in every respect accurate or complete, and they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other more reliable, primary and timely sources.
Consumers reading articles or other material posted on the AQULIFT website or in our communications with you, should review the information carefully. The information is not intended in any way to be a substitute for professional healthcare advice and AQULIFT is not a Provider of healthcare services. Neither the content nor any other service offered through the AQULIFT website or our communications is intended as professional healthcare advice.
SUITABILITY & INTERACTION DISCLAIMER
While we do ensure that healthcare Providers listed on the AQULIFT website are registered in the appropriate categories of service, with the relevant regulatory and licensing bodies, at the time of their initial service registration and account set-up, we do not do this on an ongoing basis. As circumstances can change in this regard, it is your responsibility to ensure the Provider you are working with meets all the legal, ethical, moral and technical specifications required to provide you with the service you seek.
We do not examine, determine or warrant the ongoing certification and/or licensing, competence, solvency or information of any healthcare professional or facility listed on the AQULIFT website. We rely on the professionals or the facilities listed on the AQULIFT website to provide accurate information and assume no responsibility for verifying the information provided.
Use of our Service to locate a professional or facility is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our Service for the selection of a healthcare professional or facility or for the services provided by any healthcare professional or facility listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any healthcare professional or other service provider with the applicable licensing Board or agency.
Many health professions are now governed in Australia by the Australian Health Practitioner Regulation Agency (AHPRA), who maintain a current, searchable register of health professionals, which can be viewed here: https://www.ahpra.gov.au/Registration/Registers-of-Practitioners.aspx
You should satisfy yourself as to the competence, solvency, insurances and licensing of anybody you decide to consult with as a result of a connection made through our service. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you consult as a consequence of using our service.
AQULIFT is not an agent for any of the Members listed on this website and has no responsibility for and no liability whatsoever in respect of the conduct of the Member, appointment scheduling or the provision of a health service by a Member.
If your health concern is urgent, including if you have a medical emergency, you should seek urgent medical or hospital attention in person and NOT use this website.
PUBLICITY AND THIRD PARTY USE AND DISCLOSURE OF MEMBER INFORMATION
Members agree that AQULIFT may use any Member content for the promotion and marketing purposes of AQULIFT and grants AQULIFT an irrevocable licence to use such content in this way, providing that AQULIFT does not knowingly use any Member Content for promotion or marketing purposes in a way which would detract from the good name and reputation of the Member. The Member must obtain any necessary consents or approvals for such use of the Member. Such licence shall continue despite any termination of this Agreement. Members agree that AQULIFT may place any Member on any third-party websites or infrastructure or supply to third parties any Member Content in order to offer the Services through a different website or through a partner organisation.
THIRD-PARTY LINKS
The AQULIFT website may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or web site link on the AQULIFT website and/or in our communications with you, does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions of Use, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
PAYMENT FACILITATOR
We use Stripe as a third-party service provider for internet based payment services to facilitate payments for transactions between you and us. You agree to be bound by the Stripe Privacy Policy which is located here: https://stripe.com/au/privacy/ and hereby consent and authorise us and Stripe to share any information and payment instructions you provide with one another and, to the extent required to complete your transactions, with any third-party service provider(s). You also agree to be bound Stripe’s User Terms which are located here: https://stripe.com/au/legal.
REGISTRATION
You must register and obtain a service account in order to utilise the restricted sections of the AQULIFT website. After you have registered, you will receive communications from us, confirming your registration details. Your service account will then be activated and you will have established a username and password.
You must not disclose your password to any third party and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with “aqulift.com.au”. If you suspect any unauthorised use of your service account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your service account.
You may close your service account at any time but you will remain liable for obligations related to your service account and in line with these Terms and Conditions, after it has been closed.
Participants in AQULIFT training programs are required to pass both theoretical and practical competency assessments in order to gain certification. Registration for a training program does not guarantee certification without first passing these assessments. If sufficient competency is not achieved to pass an assessment and attain certification, AQULIFT will work with the practitioner to identify short-comings and develop skills to then be able to “RESIT” the competency assessment at no additional fee.
Practitioners will not be able to attain insurance or perform the procedures in practice until they return, “RESIT” and pass the competency assessments.
AQULIFT's decision, as to what is constitutes a PASS or RESIT result; what constitutes an acceptable competency standard and whether a practitioner passes or fails a competency assessment, is final and absolute. Failing to PASS an assessment and achieve competency, resulting in a failure to achieve certification is not grounds for a refund of course registration fees or any other compensation.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms and Conditions or any activity related to your service account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the AQULIFT website using your service account.
WAIVER, RELEASE AND LIMITATION OF LIABILITY
You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the AQULIFT website.
You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of the AQULIFT website.
Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded, will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
Notwithstanding the foregoing paragraph, to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the AQULIFT website shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$500.
Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the AQULIFT website is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.
Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the AQULIFT website, or resulting from the act or omission of any other party involved in making the AQULIFT website or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the AQULIFT website or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us.
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
COMPLAINTS AND DISPUTES
If you have an issue or complaint regarding the AQULIFT website or Service, please contact us via email at: info@aqulift.com.au.
PRODUCT PURCHASES & SHIPPING
No refunds will be given for product purchases and no returns are possible given the nature of Class 3 medical devices.
All product orders are shipped under strict FOB(Adelaide, Australia), shipping conditions, meaning the buyer assumes responsibility for the product as soon as it is dispatched from our warehouse. Should you wish to arrange insurance through our logistics firm, please let us know during the ordering process.
BEST PRICE GUARANTEE
AquLift's "Best Price" Guarantee applies only to products on the Australian market that are of a comparable type and quality, as determined by AquLift. AquLift's determination in relation to what constitutes a product of a comparable type and quality, is final. Prices of comparable products must be advertised prices, available for viewing on an open, transparent and public forum to qualify.
If a price comparison qualifies, under this guarantee, AquLift will better the comparable product price by 10% of the difference between the price of the Aqulift product and the price of the comparable product.
If within 4 weeks of an AquLift full price purchase a customer locates a lower price of a comparable product, AquLift will refund the difference between the price paid to AquLift and the price of the comparable product.
PRACTICEPAY PAYMENT PLANS
AquLift is not responsible for the approval of credit terms in relation to PracticePay payment plans and no guarantee is given that practitioners will be able to avail themselves of this service. All decisions relating to approval and management of the payment plans rests with PracticePay.
MISCELLANEOUS
Advertisers and sponsors of the AQULIFT website and/or its correspondence have no influence on editorial content or presentation. You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the "Contact Us" facility on the AQULIFT website or via email to: info@aqulift.com.au.
Any formal notices or communications should be sent to our postal address set out at the beginning of these Terms and Conditions. A notice sent to you by email will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice.
If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.
These Terms and Conditions are governed by the laws of Queensland, Australia.
Last updated on 13/02/2024