Terms and Conditions for Purchase of Product, Trainingand Certification Program from
Xtreme Lashes® Australia and New Zealand
1.Training and certification workshop
Xtreme Lashes® products are available to stylists who have taken a Hands-on Training and Certification Workshop.
2 Right to refuse sales
Xtreme Lashes® reserves the right to refuse sales and service to anyone for any reason at any time.
3 Product delivery and return
Xtreme Lashes® endeavours to ship products and provide services of only the highest quality. Due to issues of hygiene, Xtreme Lashes® cannot accept returns of product after packaging has been opened. If you decide to return an unopened package, you will be credited with your purchase price, less freight and less a 20% restocking fee. Please contact Xtreme Lashes® within seven (7) days of receipt and explain the situation. You will be given a return authorisation number (RA#) with directions on where to send the product.
Xtreme Lashes does not require a signature for delivery of orders. Once the order has been accepted by Australia Post or a Courier, Xtreme Lashes is no longer liable for the order.
4. Defective product
If the Buyer (you) determine that products shipped to you are defective, please advise Xtreme Lashes® of this within seven (7) days of receipt at 03 9870 0633. You will be given a return authorisation number (RA#) with directions on where to return defective product. Product must be returned in its original packaging. Xtreme Lashes® reserves the right to either replace defective product or provide a refund of the purchase price upon receipt of defective product.
5. Care of product
You, as the Buyer, acknowledge that
(a) exposure of products sold by Xtreme Lashes® to temperature extremes may cause changes in the products and that such changes may make the products unsuitable for use; and
(b) use of products sold by Xtreme Lashes® must be used with great care by a trained technician to prevent an accidental injury, especially when performing work near an individual’s eye.
6. Communication of terms
You, as the Buyer of the Workshop (Buyer), commit and agree to communicate these Terms and Conditions to all persons for whom you are purchasing this Workshop (Trainees). All Trainees will be required to personally sign their agreement to the Workshop Terms and Conditions prior to taking the Workshop. This is usually done on the morning of the Workshop.
7 Use of products
Buyer and/or trainee acknowledges, accepts and agrees that
- use of products sold by Xtreme Lashes Australia (Xtreme Lashes) must be used with great care to prevent an accidental injury, especially when performing work near an individual’s eye and
- there is danger associated with the application of eyelash extensions that may include injury to a individual’s eye.
8 Hands on training
You, as the Buyer, acknowledge that this workshop is a “hands-on” training experience. Trainees will be offered the opportunity to apply eyelash extensions onto other classmates or models. Trainees will also be offered the opportunity to have eyelash extensions applied to themselves. This will be done under careful supervision by the classroom instructor(s). Trainees acknowledge and accept the risk associated with having a student apply eyelash extensions to themselves should the Trainee voluntarily agree to have a student(s) apply eyelash extensions to themselves.
9 No liability
Trainee agree to not hold any of the fellow students in this workshop liable for any injuries that Trainee may sustain as a result of other students applying eyelash extensions to themselves should the Trainee voluntarily agree to have a student(s) apply eyelash extensions to themselves.
10 Only licensed persons to purchase product
It is the policy of Xtreme Lashes to sell product and services only for the use by certain licensed persons in the beauty, health, medical or dental industries. Therefore you, the Buyer, commit to purchase this Workshop for, and send only, persons who are licensed in these industries to the Workshop.
The Trainee will NOT be certified at the conclusion of the Workshop. Successful completion of the Workshop is the first step to becoming certified. Trainees that successfully complete the workshop must then practice by completing at least ten successful applications after the workshop. Trainees must take “before and after” photos of five clients (preferably clients number 6 – 10), and send the photos to Xtreme Lashes. The company will evaluate the expertise level of the work and make a determination as to whether the Trainee’s skill warrants the Trainee being certified. There are no guarantees that the Trainee will be certified. If the Trainee’s skill level is not sufficient to warrant certification according to Xtreme Lashes, then Xtreme Lashes reserves to right to withhold certification.
12 Additional training where certification not provided
The Trainee may be given the option of attending an additional Workshop to improve their skills which may or may not lead to certification, depending on the resulting skill level of the technician. In no event will the Trainee be reimbursed for the original cost of the Workshop.
Xtreme Lashes reserves the right to decertify trainees who have received a certification at its sole discretion. If Xtreme Lashes decertifies a trainee, the trainee agrees to immediately return any certifications and workbooks or educational materials received from Xtreme Lashes to Xtreme Lashes corporate offices. Xtreme Lashes may decertify trainees if any part of this agreement is violated or it Xtreme Lashes receives repeated complaints about trainee’s application technique or unprofessional behaviour or if trainee reveals confidential, proprietary or copyrighted information to any other individual.
15 Removal of certification display
If you cease selling Xtreme Lashes products, you agree to immediately remove your certification from display and you agree that you must not advertise or promote yourself or your business as authorised suppliers of Xtreme Lashes products or as certified trainers of Xtreme Lashes.
16 Prohibition on use of workshop materials or training
Trainees are explicitly prohibited from using Xtreme Lashes proprietary copyrighted workshop material to train others. Trainees are prohibited from demonstrating any of the techniques or procedural information gathered from Xtreme Lashes to any other person including but not limited to co-workers, employees, contractors, friends, or family members for a period of two years after the date of the Workshop. This is a critical requirement in order to preserve the quality of our training and the quality of our brand.
17 Breach of prohibition on training
If Xtreme Lashes becomes aware that a Trainee has trained any other person or that technicians who have not been trained by Xtreme Lashes are performing the procedure at a particular Salon or other location, then Xtreme Lashes reserves the right to:
- stop selling products to that Trainee / Salon
- remove the Trainee / Salon from the Xtreme Lashes “Find A Professional” page on its website
- pursue all legal remedies allowed by law.
18 No recording devices to be used
Trainee agrees to not use any recording devices, audio, still photo, or video, during the workshop.
19 Refund Policy
There is a non-refundable charge of $150 should you cancel your workshop more than seven (7) days prior to your scheduled training date. If you cancel your workshop within 1 (one) to 7 (seven) days prior to your scheduled workshop date, a non-refundable charge of $350 will apply. If you do not cancel your workshop prior to the workshop date and are a ‘No Show’ we will not refund any part of your workshop fee.
Any Training sold as a Package ie: Classic and Volume Package, can not be separated for refund purposes. If the Trainee completes the Classic Training and for some reason can not, or chooses not to attend The Volume Training, Xtreme Lashes may at its discretion, offer a product credit to the value of the Volume Training in the package. This value will be calculated as follows- The total cost of the Training Package- Minus the Full Individual Price of the Classic Training with Kit and the cancellation fee of $150.
20 Limitation of Liability
To the full extent permitted by law, in no event will Xtreme Lashes or its directors, officers, owners, employees, independent contractors, suppliers and licensors (Xtreme Lashes, et al) be liable for any claims, demands, damages, liabilities, suits, attachments, judgments, losses, penalties, fines, settlements, expenses, including court costs and reasonable attorneys’ fees incident thereto; indirect, special, incidental, economic, consequential, exemplary or punitive damages arising out of the use or misuse of products or services sold by Xtreme Lashes. Buyer shall indemnify, defend and hold harmless Xtreme Lashes, et al for all such claims and actions in each case notwithstanding the actual or alleged negligence (whether active or passive, sole or concurrent, simple or gross), strict or statutory, provided that the Xtreme Lashes liability will be limited to the purchase price of the product to the full extent permitted by law.
21 Intellectual Property
Xtreme Lashes, in its sole discretion, reserves the right to prohibit Buyer’s or Trainee’s use, or any of Buyer’s and Trainee’s affiliate’s use, of its brand and logo. This includes all marketing materials, including posters, brochures, post cards, instruction manuals, etc. Xtreme Lashes will only take such steps for cause. Examples of causes that may persuade Xtreme Lashes to prohibit use of its brand and logo are, but are not limited to:
- substandard applications of eyelash extensions by a careless technician
- use of competing eyelash extension products that individuals believe to be Xtreme Lashes products due to the prominent display of Xtreme Lashes marketing materials.
- Use of Xtreme Lashes images, brand, or logo prior to completing the certification process
Xtreme Lashes respects your privacy and values your trust. Xtreme Lashes will not sell or give away any information about you or your company to any third party. Xtreme Lashes will use your information to deliver products and services that you have requested or ordered. Occasionally, Xtreme Lashes will use your contact information to send you information about Xtreme Lashes, including information regarding special promotions and new products. Xtreme Lashes will promptly remove your name from our mailing list upon request. Please note from time to time Xtreme Lashes® may use images/photos taken during training/promotional events in their marketing/social media/promotional material. Xtreme Lashes® also uses social media and may use/promote your images occasionally. Please notify firstname.lastname@example.org should you not wish your images to be used in this manner.
23 Force Majeure
Notwithstanding any other provision of this Agreement to the contrary, in the event Xtreme Lashes is prevented from performing its obligations hereunder as a result of any contingency which is beyond its control (such as any act of God, war, riot, national emergency, terrorist act, general embargo, fire, casualty, equipment failure, flood, earthquake or other similar occurrence) (any such event, a “Force Majeure Event”), Xtreme Lashes shall be excused from its inability to perform its obligations hereunder, but only to the extent and for the duration of the Force Majeure Event in question. Xtreme Lashes will provide reasonably prompt notice of the occurrence of such Force Majeure Event. Upon the occurrence of such Force Majeure Event, Xtreme Lashes may delay the scheduled Training Program, but only for so long as may be reasonably necessary in light of such Force Majeure Event, and shall reschedule the Training Program hereunder as soon as reasonably practicable following the date of such occurrence. In the event an Xtreme Lashes Educator is prevented from performing obligations hereunder as a result of any contingency which is beyond the control of such party (such as interruptions in the Educator’s travel schedule or unforeseen unavailability of the Educator), Xtreme Lashes reserves the right to reschedule Training Programs. In the event that an Xtreme Lashes Training Program cannot be conducted because of a lack of minimum student attendance, Xtreme Lashes reserves the right to reschedule the Training Program.
In the event that Xtreme Lashes cancels or reschedules a Training Program, registered participants may elect to apply the monies paid for the cancelled Training Program to a future Training Program within 12 months of the cancelled Training Program date. Xtreme Lashes will honour a request for a full refund of cancelled Training Program fees submitted in writing and received in its corporate office via fax or mail within seven (7) days of cancelled Training Program date. Such a refund only applies to Training Program fees, not to other fees or expenses registered participants may have incurred, including but not limited to travel or lodging expenses. Registered participants who request a refund for their eyelash extension kit due to a Training Program cancellation by Xtreme Lashes will be credited with their full purchase price less any opened items, once the kit is returned to the Xtreme Lashes corporate office. Please contact Xtreme Lashes customer service within seven (7) days of the cancelled Training Program to receive a return authorization number (RA#) and directions on where to send the kit.
24 Governing Law; Construction
This Agreement shall be governed by and construed in accordance with the laws of Australia and New Zealand, without giving effect to the principles of conflicts of laws thereof. The construction and interpretation of this Agreement shall not be strictly construed against the drafter. Any dispute arising under this Agreement shall be settled by arbitration in Australia and New Zealand in accord with such procedures as may be acceptable to the parties.
25 Entire Agreement; Amendment; Waiver; Invalidity
This Agreement, together with any schedules and exhibits attached hereto and made a part hereof, constitutes the entire agreement between the parties as to the subject matter hereof and shall supersede all prior understandings, letters, agreements, contracts and other documents. This Agreement may not be amended except by an instrument in writing signed on behalf of all of the parties hereto. No failure or delay by either party to exercise, and no course of dealing with respect to, any right of any such party regarding an obligation of the other party to this Agreement, shall operate as a waiver thereof, unless agreed to in writing by both parties. Any single or partial waiver by either party of any obligation of the other party under this Agreement shall constitute a waiver of such obligation only as specified in such waiver and shall not constitute a waiver of any other obligation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, all of which shall remain in full force and effect.