The Live Video Consultation service is provided by Aesop Retail Pty Ltd trading as Aesop (and referred to in these Terms as Aesop, we, us, our). The Live Video Consultation service provides video appointments with trained Aesop consultants and could include recommendations on gift-giving or skin care regimen, or guidance through our range of aromatic formulations for body and home, with consultants conducting product demonstrations, sharing application techniques and providing tailored information about our products.
The use of the Live Video Consultation service by a person ("you") is subject to these Live Video Consultation Terms of Use (Terms) along with the Terms of Use governing the use of our website. These Terms contain important information, including warranty disclaimers and limitations of liability. By registering to use the Live Video Consultation service, you agree to these Terms.
Disclaimer
The content of the Live Video Consultation is general and provided for information purposes only. The material provided via the Live Video Consultation is not and should not be regarded as advice, including medical advice (including dermatological advice).If you have any concerns about your health, consult a health practitioner. Any information provided via the Live Video Consultation does not constitute, and is not a substitute for, professional health advice including dermatological advice. To the fullest extent permitted by law, Aesop does not give any express or implied warranties and makes no representation in relation to the Live Video Consultation service. In particular, while reasonable care is taken in its preparation and provision, Aesop does not guarantee or warrant the accuracy, reliability, completeness or currency of any of the information provided through the Live Video Consultation or its usefulness in achieving any purpose. You accept that the Live Video Consultation may include technical inaccuracies and errors. Information provided through the Live Video Consultation should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquiries to verify the accuracy of the information provided.
In addition, to the fullest extent permitted by law, Aesop does not warrant that the Live Video Consultation is free from any computer viruses or other defects or that access to the Live Video Consultation service will be continuous or uninterrupted. Aesop accepts no liability arising from your participation in the Live Video Consultation to the maximum extent permitted by law.
Limitation of Liability
Subject to the provisions of consumer protection legislation that cannot be excluded (including the Australian Consumer Law), Aesop accepts no liability arising from the information provided through the Live Video Consultation being incorrect, incomplete or misleading. To the fullest extent permitted by law, Aesop will not be liable for any loss, damage, cost, expense, illness or injury incurred in or arising by reason of any person relying on the information provided through the Live Video Consultation. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Aesop accepts no liability for any loss, damage, cost, expense, illness or injury arising from your participation in the Live Video Consultation or any delay or interruption in access to or use of the Live Video Consultation service.
Consumer Protection Legislation
The Live Video Consultation service comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Live Video Consultation service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value (to the extent applicable).
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount of a major failure, you are entitled to have the problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
Appropriate use of the Live Video Consultation
The Live Video Consultation service must only be used for the purpose described above. In particular, you must not use or attempt to use the Live Video Consultation service to:
corrupt, damage or interfere with the Live Video Consultation service or any Aesop or third party data, software, hardware, website or information technology systems;
provide offensive, inflammatory, defamatory, fraudulent or otherwise unlawful information that infringes Aesop's or any third party's rights;
adversely affect the reputation or public image of Aesop; or
cause annoyance or inconvenience to Aesop or any third party.
You acknowledge that Aesop can terminate your Personal Account and/or Live Video Consultation service if Aesop reasonably believes you have breached these Terms or our Terms of Use.
Aesop does not guarantee the continuous availability of the Live Video Consultation service, and will not be liable to you if the Live Video Consultation service is unavailable to you for any reason including due to any computer or system downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or telecommunications supply. Aesop reserves the right to suspend or terminate the availability of the Live Video Consultation at any time.
You agree that you access and use the Live Video Consultation entirely at your own risk (to the maximum extent permitted by law), including in relation to all information that you choose to transmit through the Live Video Consultation. Intellectual Property
You acknowledge that all intellectual property rights (including copyright) in the content, layout, design, concept, graphics, software and organisation of the Live Video Consultation service, including the transcripts of any Live Video Consultation, are owned by, or licensed to, Aesop. Use of the Live Video Consultation does not give you any rights, title, interest or ownership in any intellectual property rights (including copyright) and proprietary rights to the content of the Live Video Consultation or any trademarks, logos or other proprietary graphics of Aesop.
Third Party Platforms and Services
Aesop uses 10to8 Ltd to register you for the Live Video Consultation (Booking Service) and Vonage America, LLC to provide the video technology platform for the Live Video Consultation (Platform). Aesop is not in any way responsible for the availability of the Booking Service or Platform provided by these third parties or any information or material provided or made available by these third parties, including on their websites. Aesop does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. The exchange of information electronically may be vulnerable to interception by third parties and Aesop does not guarantee the security or confidentiality of information available through the Booking Service or Platform nor the security of the Booking Service or Platform. To the greatest extent permitted by law, Aesop will not be liable for any loss or damage to you in the event that the Booking Service or Platform or the full functionality of the Booking Service or Platform are unavailable to you for any reason where you are unable to access the Live Video Consultation, including due to network or hardware downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply, or any loss or damage to you due to your access and use or the Booking Service or Platform.
Submissions
You agree that any feedback or material you provide to Aesop via the Live Video Consultation (excluding your personal information or information related to your Personal Account), is non-confidential, non-proprietary and does not infringe the intellectual property rights or other rights of any third party. This includes any data, questions, comments, suggestions, ideas or other information. You agree that Aesop may use any feedback or material provided by you to Aesop via the Live Video Consultation platform which is not your personal information for any purpose without compensation to you. Privacy Your personal information will be collected by Aesop if you use the Live Video Consultation service. Aesop's Privacy Policy, which can be accessed at here, explains how Aesop generally handles your personal information.
General
These Terms are in addition to the terms relating to your use of Aesop's website generally as set out in the Terms of Use. Aesop may vary these Terms at any time by publishing a revised version of these Terms on this website. These Terms were last updated 10 March 2023.
The law applicable to these Terms is the law of the State of Victoria, Australia and any dispute or claim arising out of or in connection with their interpretation or execution will be subject to the non-exclusive jurisdiction of the courts of that jurisdiction.