Last updated: 15 January 2018
Welcome to THink Aesthetics and our wholesale distribution division, THink MBC (collectively, THink). THink Aesthetics provides cosmetic tattoo training, treatment and other beauty-related services. THink MBC is your one stop shop for cosmetic tattoo equipment and supplies. THink provides training materials, information, website features, products and services (collectively referred to as THink Services) to you including those provided via our webshop at www.mbccosmetictattoo.com.au. THink provides these services under the following conditions.
By using THink Services, you agree to these conditions. Please read them carefully.
Think Services may be subject to additional terms and conditions for individual items, particularly manufacturer’s warranties, guidelines, conditions of use and other product or brand specific details that may be made available. If these are inconsistent with the standard conditions for THink Services, the additional terms and conditions apply.
When you use THink Services, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. In doing so you consent to receive communications from us electronically and to us retaining and using your personal information to enable such communication.
All content made available or included in website and electronic communications related to THink Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of THink or its content suppliers and protected by copyright laws. The compilation of all content included in or made available through any THink Service is the exclusive property of THink and protected by copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any THink Service are trademarks of THink. THink’s trademarks may not be used in connection with any product or service that is not THink’s, in any manner that is likely to cause confusion among customers, or in any manner that discredits THink. All trademarks not owned by THink that appear in any THink Service are the property of their respective owners whose own local and international trademark protections apply.
LICENCE AND ACCESS
Subject to your compliance with these Terms and Conditions THink grants you a limited, non-exclusive, non-transferable sub-licence to access and make use of THink Services. This licence does not include any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another merchant; or any use of data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by THink and its licensors, suppliers, publishers, rights holders, or other content providers. No THink Service may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without the express written consent of THink. You may use the THink Services only as permitted by law.
By using any THink Service, you agree to be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. THink reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
THink is governed by the requirements of the Australian Commonwealth Privacy Act (1988) and carefully manages the information provided to us by our clients and customers, including payment details, to maintain confidentiality. The information is collected and maintained for the purposes of student management, client care and safety, customer service, marketing and, in the case of payment details, transaction efficiency. We will not intentionally disclose any information to third parties except for the purposes of warranty maintenance and claims, or as otherwise agreed with you. Should we become aware of a breach of our security systems that may affect any data we hold that may affect you, we will advise you at the earliest opportunity.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. THINK reserves the right to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant THink a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, publish, distribute, and display such content. You grant THink and related entities the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify THink for all claims resulting from content you supply. THink has the right but not the obligation to monitor and edit or remove any activity or content. THink takes no responsibility and assumes no liability for any content posted by you or any third party. You agree not to bring any claim against THink related to any content you post or material you submit.
THink attempts to be as accurate as possible. However, THink does not warrant that product descriptions or other content of any THink Service is accurate, complete, reliable, current, or error-free. You are requested to alert THink should you believe there are any errors or omissions in the information provided. If a product offered by THink is not as described, your sole remedy is to return it in unused condition to obtain a refund.
Except where noted otherwise, the price displayed for products on any THink Service represents the retail price of the product itself. Where more than one price exists in published material including websites, other than on unexpired special offers, this is due to an oversight by THink and the higher price applies unless otherwise agreed by THink.
Goods and supplies are provided via Australia Post Express Post and Parcel Post delivery services unless collected in person or otherwise agreed (e.g. delivery via a very fast courier service). Delivery charges are based on Australia Post standard charges plus an amount for package handling, delivery management and support. For capital city delivery, if orders are received by 3.30pm Australian Eastern Standard Time, and all items are in stock, delivery will normally be during the next business day. Deliveries to regional areas will normally be within 3 business days unless special arrangements are made. No liability is accepted for any deliveries that are outside the expected timeframe.
For online orders the customer is responsible for selecting their preferred delivery option from the ‘drop-down’ menu on the THink MBC web shop. For telephone orders the customer should advise which option they prefer to the THink customer service staff member. No liability is accepted for any loss or damage to a delivery that is made in accordance with the delivery instructions. Australia Post will normally attempt to deliver once, after which the package will be kept at the nearest Local Post Office (LPO) for collection. If a delivery attempt in accordance with the delivery instructions is unsuccessful and a re-delivery attempt is request, THink will apply additional charges based on actual costs from Australia Post. If a delivery is not received when expected, and no later than 3 days after the expected the delivery date, the customer should contact THink so the matter can be investigated.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The THink Services and all information, content, materials, products and other services made available by THink are provided “as is” unless otherwise specified in writing, and THink makes no representations or warranties of any kind, express or implied, as to the operation of the THink Services, or the information, content, materials and other services included or made available to you. You agree that your use of the THink Services is at your sole risk to the full extent permissible by law. THink disclaims all warranties, express or implied, unless specifically available through the original manufacturer. THink does not warrant that the THink Services, information, content, materials, products or other services are free of viruses or other harmful components. THink will not be liable for any damages of any kind arising from the use of any THink Service unless otherwise specified in writing, to the extent permissible by law.
Where goods have become damaged during transport and/or delivery it is important to identify the cause(s), which may include Australia Post or courier handling, air transport issues, or faults with the original manufacturer packaging. Recipients are requested to take photographs of the arrival condition of goods, including the packaging and appearance of the goods so that the cause may be investigated. These photographs may also be helpful if there is a dispute as to whether a refund or replacement in required.
You expressly agree that any dispute or claim relating in any way to your use of any THink Service, or to any products or services sold or distributed by THink or through a THink website will be resolved by binding arbitration, rather than in court, except that you may assert claims in a small claims court if your claims qualify. Note an arbitrator can award on an individual basis the same damages and relief as a court and must follow the terms of these Terms and Conditions as a court would.
By using any THink Service, you agree that the applicable laws are those of Queensland and Australia and these will govern these Terms and Conditions and any dispute of any sort that might arise between you and THink.
POLICIES, MODIFICATION, AND SEVERABILITY
THink may post other policies on this and other websites accordingly to the needs of the business and these policies also govern your use of THink Services. THink reserves the right to make changes to our sites, policies and these Terms and Conditions at any time and your continued use of THink Services will evidence your acceptance of those changes. In the event of a conflict the Terms and Conditions shall take precedence. If any conditions are to be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
Suite 4, Level 1,
The Gap Village Shopping Centre
1000 Waterworks Road
Procedure for Making Claims of Copyright Infringement
Whilst THink makes every effort to ensure copyrights are protected, any potential infringement of copyright will be addressed immediately. If you have any concerns, please email email@example.com marking your email to the attention of the Chief Executive Officer and outline the nature of the alleged infringement.