Clive Clinics Terms & Conditions 

1. Legal

1.1 Access and use by you of this website constitutes your acceptance of these terms and conditions. This takes effect from the date on which you first use this website.

1.2 These terms and conditions apply to any user of this website whether they are a visitor, Client or otherwise. If you do not accept these terms and conditions then you must refrain from using this website.

1.3 These terms and conditions may change or be updated from time to time. It remains the responsibility of the user to access and check these terms and conditions whenever the user accesses the website. The latest version of these terms and conditions at the time of use will govern the user of the website.

2. Definitions

2.1 “Clive Clinics” means Clive Clinics (Aust) Pty Ltd incorporated in Australia (23082753535), or any agents or employees thereof;

2.2 “Client” means the Client, any person acting on behalf of and with the authority of the Client, or any person purchasing products and service from Clive Clinics;

2.3 “Products” means

2.3.1 All Products of the general description available on this website; and

2.3.2 All Products supplied by Clive Clinics to the Client.

2.4 “Products and Services” means all Products, goods, services and advice provided by Clive Clinics to the Client and includes without limitation all hair and scalp treatments and supply of associated products and all charges for time and attendances, hire charges, insurance charges, or any fee or charge associated with the supply of Products and Services by Clive Clinics to the Client.

3. Price and Payment

3.1 Clive Clinics accepts credit card or payment online via our secure server. If Clients wish to pay by direct credit please contact us directly to make arrangements. While direct credit is an option available for payment Clive Clinics does not accept any responsibility for a Client crediting money to an incorrect bank account where the correct number was provided to the Client by Clive Clinics.

3.2 If Products are shipped to addresses outside Australia no GST will be charged and the Client will be the importer on record and will be responsible for all customs, import duties and sales tax charges incurred. These charges vary in each country and are beyond Clive Clinic’s control. Contact your local customs office for more information on import duties and sales taxes.

3.3 Any expenses, disbursements and legal costs incurred by Clive Clinics in the enforcement of any rights contained in this Terms of Use shall be paid by the user of the website or Client, including any reasonable solicitor’s fees or debt collection agency fees.

4. Privacy

4.1 Clive Clinics collects personal information from users and Clients when they use this website. This may include (without limitation) information such as registration details and profiling, particulars of use, regularity of access, and the content viewed. Users agree to allow Clive Clinics the right to use any personal information collected in order to assist it to provide better services to its Clients and other users.

4.2 Clive Clinics will not sell or knowingly allow third parties to access the personal information of a user without the consent of the user. Despite this Clive Clinics reserves the right to release other personal information where we believe (acting on honest belief) release is required to:

4.2.1 Comply with the law (either at the direction of a court or by a person exercising some statutory authority);

4.2.2 Enforce these terms and conditions;

4.2.3 Protect any intellectual property rights of Clive Clinics, Clients, users or other third parties; or

4.2.4 Meet requests by any domestic or international authority (whether or not exercising statutory authority) where in the opinion of Clive Clinics disclosure is desirable to maintain the integrity of Clive Clinics and/or its website.

In this instance Clive Clinics will advise a Client or user if information has been released (but not necessarily the details of the information released) provided that such disclosure will not attract any liability to Clive Clinics.

4.3 In addition to the above, the Privacy Policy of Clive Clinics forms part of these terms and conditions. By agreeing to these terms and conditions you also give your consent to the way we may handle your personal information under that policy. You can access that Privacy Policy [here].

5. Intellectual Property

5.1 All copyright, trademarks, designs, patents and other intellectual property rights (registered and unregistered) in and on this website and all content located on the website shall remain vested in Clive Clinics.

5.2 You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use the content on this website in any way except for your own personal, non-commercial use unless otherwise agreed in writing with Clive Clinics.

5.3 Nothing contained in these terms shall be construed as conferring you any licence or right to use any trade mark, design right or copyright of Clive Clinics or any other third party.

6. Liability

6.1 Except as otherwise provided by statute Clive Clinics will not be liable for:

6.1.1 Any loss or damage of any kind whatsoever whether suffered or incurred by the Client or another person whether such loss or damage arises directly or indirectly from goods or services or advice provided by Clive Clinics to the Client and without limiting the generality of the foregoing of this clause Clive Clinics shall not be liable for any consequential loss or damage of any kind including without limitation financial loss; and

6.1.2 Except as provided in these terms and conditions Clive Clinics shall not be liable in contract, or in tort, or otherwise for any loss, damage, or injury beyond the value of the Products or Services provided by Clive Clinics to the Client;

6.1.3 The Client shall indemnify Clive Clinics against all claims of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Clive Clinics or otherwise, brought by any person in connection with any matter, act, omission or error by Clive Clinics its agents or employees in connection with the Products or Services.

7. Warranties

7.1 Apart from any warranties implied by the Trade Practices Act 1974 and/or Part 6 of the Sale of Goods Act (NSW) or the equivalent provisions in other states of Australia where applicable, all other warranties express or implied and whether arising by virtue of statute or otherwise are hereby excluded.

7.2 Clive Clinics does not provide any warranty that the goods are fit and suitable for the purpose for which they are required by the client and shall not be liable if they are not.

7.3 Without limiting the generality of 7.1 new Products are warranted free from defective workmanship and material for a period of one year from delivery provided that such parts are correctly sorted and used however no warranty shall exceed that given by the manufacturer to the Client at the time of purchase.

8. Jurisdiction

8.1 These terms and conditions are governed by the laws of New South Wales, Australia. The user of this website submits to the non exclusive jurisdiction of the Courts of New South Wales, Australia.

9. Dispute Resolution

9.1 A user of this website and/or Client will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these terms and conditions (“Dispute”) unless they have first complied with this dispute resolution section.

9.2 Where any Dispute arises a representative of Clive Clinics and the user/Client will attempt to negotiate in good faith a resolution to the Dispute.

9.3 Where the representatives are unable to resolve the Dispute within seven days of initiating negotiations, the Dispute will be dealt with in accordance with the Commercial Arbitration Act (NSW) 1984.

10. Miscellaneous

10.1 Clive Clinics shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.

10.2 Failure by Clive Clinics to enforce any terms and conditions contained in these Terms of Use shall not be deemed to be a waiver of any of the rights or obligations Clive Clinics has under this Terms of Use.

10.3 If any provision of these Terms of Use is found to be invalid, void illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

10.4 All users of this website who become Clients of Clive Clinics will also be subject to the terms and conditions of trade under which Clive Clinic operates, which can be accessed [here].