• Welcome to Body Soul Spa (“we,” “us,” “our”). This website (Site) is operated by Body Soul Spa (“we,” “us,” “our”). By using our website, booking our services, or purchasing our products, you agree to comply with and be bound by these Terms and Conditions (Terms). If you do not agree, please discontinue use of our website and services.

• By accessing or using this website to book a treatment (hereafter referred to as an "Appointment"), you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.​

• Eligibility to Book an Appointment​

• You must be at least 16 years of age to book an Appointment.

• Please note that certain treatments are restricted to clients aged 18 years and over. Where applicable, these restrictions are clearly stated on the relevant booking pages of the Site. By proceeding with your booking, you confirm that you meet the minimum age requirement for the selected treatment.

• Prohibited Conduct​

• While using this Site, you agree to act lawfully, ethically, and respectfully. You must not engage in any conduct or attempt any activity that is unlawful, inappropriate, or in breach of Australian law, including but not limited to:​

• Infringing upon the privacy rights or other legal rights of individuals;

• Defaming, harassing, intimidating, threatening, or offending any person;

• Using the Site for any fraudulent, illegal, or improper purpose;

• Interfering with, disrupting, or negatively affecting the experience of other users;

• Tampering with, hacking, introducing malicious code, or otherwise compromising the integrity or functionality of the Site (including but not limited to viruses, trojans, or malware);

• Sending unsolicited electronic communications (spam) via the Site;

• Employing any automated data collection methods such as data mining, bots, screen scraping, or similar tools;

• Assisting or encouraging any third party to engage in any of the above prohibited conduct.

Online & In-Person Bookings: All appointments must be booked in advance, either through our website, by phone, or in person.

Deposit Requirement: A non-refundable deposit may be required for some bookings. The deposit will be deducted from your final payment.

It is your responsibility to check the Appointment details, including selected treatment and pricing, before you book the Appointment through the Site.

You must truthfully complete the client contraindication checklist at the time of starting your Appointment to ensure our therapist can effectively and safely provide the treatment to you (Contraindication Checklist).

We reserve the right to refuse treatment if we believe a contraindication is present.

​Consultations: New clients may require an initial consultation before certain treatments. ​

​​Cancellation Notice: We require at least 24 hours’ notice for cancellations or rescheduling of appointments. This allows us to manage our schedule effectively and offer the time slot to other clients.

Late Arrivals: Arriving late may result in a shortened treatment time or cancellation at our discretion. If you arrive more than 15 minutes late, we may need to reschedule your appointment.

Late Cancellations: Cancellations made with less than 24 hours' notice may result in the loss of your deposit or booking fee.

No-Shows: Clients who fail to attend an appointment without notice may be required to prepay in full for future bookings.

Purchase and Redemption:

• Gift cards/vouchers are available for purchase and can be used towards any product or service offered by Body Soul Spa.

• Gift cards/vouchers cannot be redeemed for cash and are non-refundable.

• Gift cards/vouchers cannot be transferred to another person.

• Lost or stolen gift cards/vouchers will not be replaced. We are not responsible for lost or stolen gift cards/vouchers.

 Expiry and Validity:

• Gift cards/vouchers are valid for 3 years from the date of purchase unless stated otherwise.

• Expired gift cards/vouchers cannot be extended or refunded.

Booking with a Gift Card/Voucher:

• When booking an appointment using a gift card/voucher, please provide the gift card/voucher number at the time of booking.

• If the value of the service exceeds the gift card/voucher amount, the remaining balance must be paid at the time of service.

• If the value of the service is less than the git card/voucher amount, the remaining balance can be used for future services, but no cash refunds will be given.​

​Cancellation Policy for Gift Crd/Voucher Bookings:

• If you cancel a gift card/voucher booking with less than 24 hours’ notice, the voucher may be forfeited.

• If you do not show up for your appointment, the git card/voucher will be considered redeemed.

Treatment Suitability:

Some treatments may not be suitable for clients with certain medical conditions, skin sensitivities, or during pregnancy. It is your responsibility to disclose any medical conditions before your treatment.

Results Disclaimer:

Individual results may vary. We do not guarantee specific outcomes from any treatment.

Minors and Pets:

Clients under 18 years of age may require parental consent for some treatments. If you attend an Appointment with a child or pet (other than a registered service animal) that requires supervision you will be refused treatment.

Providing treatments requires the full concentration of your therapist. In the interest of you receiving her undivided attention, as well as hygiene and health & safety reasons, children are not permitted at the premises during your appointment. They also unfortunately cannot be left unattended outside of the premises. We therefore request that you make suitable arrangements for off site childcare.

We kindly ask that mobile phones and other portable devices be silenced for the entire duration of the appointment. Treatments can last up to 3 hours and these requests are made in order that you can fully relax and enjoy your treatment, whilst your therapist gives you her best and undivided attention. Your co-operation is greatly appreciated!

​Some treatments require a patch test at least 24 hours prior to your appointment. You acknowledge that failure to complete a patch test may increase the risk of an adverse reaction.

Treatments and skin types vary, as does the level of aftercare taken by clients. The outcome of a treatment can be affected by this as well as by the symmetry of the facial features, condition of the skin/hair/body type etc. Whilst every effort is taken to ensure the best possible result, we unfortunately cannot guarantee results. We will always do our best to rectify or adjust where deemed necessary to get the outcome that you desire.

Hygiene & Sterilization:

We follow strict hygiene protocols in compliance with Australian beauty industry regulations.

Client Responsibilities:

Clients must disclose allergies, medical conditions before their treatment.. Clients must inform us prior to their appointment if they are pregnant or breastfeeding, have any skin conditions, recent cosmetic procedures, or medical concerns, are taking medications that may affect skin sensitivity (e.g., Accutane, Retinol)..

At Body Soul Spa we respect the right of every individual to choose/refuse any medical treatment or system of health care based on their own circumstances and beliefs.

We kindly ask all our clients in the interest of our beauty therapist and fellow clientele, if you have a fever or contagious disease including cold or Flu, or you have had any kind of vaccination please reschedule your appointment.

Please advise of any health conditions or medications/injection/vaccination/pregnancy you may be taking as your treatment may not be able to be performed.

If you are prone to Cold Sores we recommend taking an anti viral prior to coming in for any skin/body/hair treatments.

Please also advise your Therapist if you are pregnant as some treatments or products may not be safe.

Body Soul Spa kindly asks all our clients in the interest of our beauty therapist and fellow clientele that anyone who has had any kind of vaccination to wait a minimum of 3 weeks before attending our salon to avoid any shedding. (You are most likely to experience the common side effects of vaccination, like headache, muscle and joint pain, and fever. Around 30% of people experience one of more of these reactions.) 

Massage therapy is not advised for after receiving any kind of vaccination, COVID-19 vaccination, COVID-19 Booster. You are most likely to experience the common side effects of vaccination, like headache, muscle and joint pain, and fever. Around 30% of people experience one of more of these reactions.

Right to Refuse Service:

Body Soul Spa reserves the right not to treat anyone who has contraindications of skin, hair, nail or any sickness, fever or contagious disease. We reserve the right to refuse or reschedule any treatment where, in our professional opinion, the client’s recent receipt of a vaccination may interfere with the safety, efficacy, or suitability of the treatment. This includes, but is not limited to, concerns regarding potential immune response interactions, increased skin sensitivity, or other post-vaccination side effects that may compromise the client’s health or the treatment outcome. Clients are advised to disclose any recent vaccinations when booking or prior to their appointment.

Product Information:

We strive to provide accurate descriptions of all skincare products; however, we do not guarantee that product information (e.g., ingredients, benefits, description , images or pricing) is always error-free.

Pricing:

All prices are in Australian Dollars (AUD) and are subject to change without prior notice.

Payment option:

Body Soul Spa prefers physical cash to avoid a cashless society. However you can pay by credit card, master card, too. 

If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make             the payment.

Returns:

Returns of unopened and unused products are accepted within 14 days of purchase, accompanied by proof of receipt. Due to hygiene reasons, opened or used skincare products cannot be returned unless required under Australian Consumer Law.

Faulty Products & Reactions:

If a product is faulty or causes an adverse reaction, please contact us immediately for assistance.

Service Refunds:

We do not provide refunds for completed treatments unless required under Australian Consumer Law. If you experience an adverse reaction to a treatment, please notify us within 48 hours and provide photos or attend a follow-up consultation.

When attending your appointment and receiving services from Body Soul Spa, you are required to comply with the following standards of conduct to ensure a respectful, safe, and professional environment for all clients, staff:

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Health and Safety Compliance

You must cooperate with all reasonable directions provided by our staff to ensure the health, safety, comfort, and well-being of all persons present at the premises.

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Respectful Behaviour

You must not use abusive, threatening, harassing, or otherwise inappropriate language or behaviour while on the premises or during the provision of services. All guests are expected to treat staff and other clients with dignity and respect at all times.

Inclusivity and Diversity

You are expected to uphold and respect the diversity of our team and clientele, including people of all cultures, genders, abilities, sexual orientations, and religious or spiritual beliefs.

Professional Boundaries

You must maintain appropriate personal and professional boundaries at all times with staff and clientele. Behaviour that may be perceived as grooming, coercive, inappropriate, or otherwise unacceptable will not be tolerated.

Substance Use

You must not attend your appointment under the influence of alcohol, illicit substances, or any medication that may impair your ability to safely receive treatments or interact respectfully with others.

Confidentiality

You must not disclose or discuss any confidential or personal information relating to staff, or other clients with third parties, whether during or after your visit.

Breach and Termination

If you breach any part of this Guest Code of Conduct, Body Soul Spa reserves the right to immediately terminate your appointment and/or any future bookings. In such circumstances, you will not be entitled to any refund of payments made, subject always to your rights under the Australian Consumer Law.

Nothing in these Terms is intended to exclude, restrict or modify any rights, guarantees, or remedies you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable legislation that cannot lawfully be excluded, restricted or modified (collectively, Consumer Law Rights).

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To the extent permitted by law and subject to your Consumer Law Rights:

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• All services, treatments, products, and materials (collectively, Services) supplied by Body Soul Spa are provided on an “as is” basis and without any express or implied representations, warranties or guarantees of any kind, including warranties of suitability, merchantability or fitness for a particular purpose, except as expressly stated in these Terms.

• You acknowledge and agree that, unless required by law, we do not guarantee specific outcomes from any beauty or wellness treatment, as individual results may vary based on skin condition, health status, and adherence to post-treatment instructions.

• To the extent permitted by law, we are not liable for any loss, damage, or injury arising out of or in connection with the Services provided, except where such liability is required by law and cannot be excluded.

• Payments made for Services that have already been performed are non-refundable, unless you are entitled to a remedy under the Australian Consumer Law (such as where the service was not provided with due care and skill, or was not reasonably fit for the purpose you made known to us).

If any provision of these Terms is inconsistent with your Consumer Law Rights, those rights will prevail to the extent of the inconsistency.

To the maximum extent permitted by applicable Australian law, including the Australian Consumer Law (ACL), Body Soul Spa and its officers, employees, contractors, and agents shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential loss or damage, or for any loss of profits, revenue, goodwill, data, business opportunity, or anticipated savings, whether arising under statute, contract, equity, tort (including negligence), or otherwise, and whether the loss or damage was foreseeable or not.

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This includes, without limitation, any loss or damage arising from:

1. your access to or inability to access the website or its services;

2. any unauthorised access to, or use of, our servers, systems, or databases, including any personal or sensitive information stored therein;

3. any malware, virus, trojan horse, or other harmful code transmitted to or via our website by any third party;

4. any interruption, delay, failure, or corruption of data or other content transmitted via our website;

5. any reliance placed on materials published or made available through our website, including where such content contains inaccuracies, omissions, or is outdated.

Nothing in this clause is intended to exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded or limited. Where our liability cannot be excluded but can be limited under the ACL, our liability is limited (at our election) to:

• the re-supply of the relevant services; or

• the payment of the cost of having the services supplied again.

Subject always to your rights under the Australian Consumer Law (ACL) and any other applicable legislation that cannot be lawfully excluded (collectively, Consumer Law Rights), and to the maximum extent permitted by law:

1. No Consequential Loss: Neither you nor we shall be liable for any consequential, indirect, special, punitive or incidental losses or damages (including, without limitation, loss of opportunity, revenue, profits, goodwill, reputation, data, or anticipated savings), arising out of or in connection with the provision of our Services, however caused and whether arising in contract, tort (including negligence), equity, statute or otherwise.

2. Contributory Acts: Any liability that either party may have under or in connection with these Terms shall be reduced proportionately to the extent that the loss or damage was caused or contributed to by the other party (or their respective employees, contractors, or agents), including any failure to mitigate loss.

3. Recreational and Non-Domestic Use: Where the Services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, and to the extent permitted by section 64A of the ACL, our liability for failure to comply with any guarantee under the ACL is limited (at our sole discretion) to:

   • the resupply of the Services; or

   • the payment of the cost of resupplying the Services.

4. Total Liability Cap: Subject to the above and to any non-excludable Consumer Law Rights, our total cumulative liability arising out of or in connection with the supply of our Services — whether arising in contract, tort (including negligence), equity, statute or otherwise — is strictly limited to the total amount paid by you for the appointment or treatment that gave rise to the liability.

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General Liability: To the fullest extent permitted by law, Body Soul Spa is not liable for injuries, allergic reactions, or dissatisfaction with a treatment if proper procedures and aftercare were followed.

Indemnity: By booking a service, you agree to indemnify and hold harmless Body Soul Spa from any claims, damages, or losses arising from treatments or product use.

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Body Soul Spa, including its directors, officers, employees, contractors, agents, and representatives (collectively, Indemnified Parties), from and against any and all liabilities, losses, claims, demands, damages, costs and expenses (including reasonable legal costs on a full indemnity basis), arising out of or in connection with:

• your breach of these Terms and Conditions;

• your use or misuse of the website, services, or any content made available by Body Soul Spa;

• any act or omission (including negligence, unlawful conduct or wilful misconduct) by you or anyone accessing the website using your account;

• any infringement of the rights (including intellectual property rights or privacy rights) of any third party caused or contributed to by your conduct.

This indemnity will survive the termination of these Terms and your use of the Site and Services.

Nothing in this clause limits your rights under the Australian Consumer Law, and we will take reasonable steps to mitigate any loss or damage.

All content available on this website, including but not limited to text, photographs, graphics, logos, icons, audio and video recordings, digital downloads, data compilations, and software (collectively, “Content”), is the exclusive property of Body Soul Spa or its licensors and is protected under the Copyright Act 1968 (Cth) and applicable international copyright treaties.

Unless expressly authorised in writing by Body Soul Spa, you must not reproduce, modify, adapt, publish, transmit, distribute, display, or otherwise use any Content from this website for commercial purposes or in a way that infringes our intellectual property rights or the rights of any third party.

All trademarks, service marks, trade names and trade dress used on the Site are proprietary to Body Soul Spa or its affiliates and must not be used without prior written consent.

Unauthorised use of any intellectual property belonging to Body Soul Spa may result in legal action, including claims for damages and injunctive relief.

15.1 Dispute Resolution

Before commencing any legal proceedings in relation to a dispute arising under or in connection with these Terms, the parties must first meet in good faith to attempt to resolve the matter amicably. If a resolution cannot be achieved within a reasonable time, the parties agree to submit the dispute to mediation administered by an independent mediator agreed upon by the parties, or otherwise appointed by the Resolution Institute. The costs of the mediation will be borne equally by both parties. Nothing in this clause limits the right of either party to seek urgent interlocutory relief or equitable remedies from a court of competent jurisdiction.

15.2 Notices

Any notice or communication required under these Terms must be in writing and delivered via email or postal address as notified by one party to the other. Notices will be deemed served (a) if sent by email, at the time the email becomes capable of being retrieved by the recipient; or (b) if posted, three (3) business days after the date of posting.

15.3 Privacy and Data Protection

Body Soul Spa is committed to protecting your privacy and complies with the Privacy Act 1988 (Cth), including the Australian Privacy Principles. Personal information collected in connection with bookings, enquiries or service provision will only be used and disclosed in accordance with our Privacy Policy and applicable laws.

15.4 Force Majeure

Neither party shall be held liable for any failure or delay in performing obligations under these Terms where such failure is due to events beyond their reasonable control (including natural disasters, public health emergencies, labour strikes, or government restrictions) (“Force Majeure Event”). The affected party must notify the other party in writing as soon as practicable, stating the nature and expected duration of the event, and must take reasonable steps to mitigate any delay or failure to perform.

15.5 Feedback and Complaints

We value your feedback and aim to continuously improve our services. Should you have a complaint or concern, please contact us via the contact details provided on our website. We will take reasonable steps to investigate and resolve your concerns in a timely and fair manner.

15.6 Assignment

You must not assign or transfer your rights or obligations under these Terms, in whole or in part, without the prior written consent of Body Soul Spa. Any unauthorised assignment shall be deemed null and void.

15.7 Amendments

We reserve the right to amend these Terms at any time by updating them on our website. It is your responsibility to review the Terms prior to making an appointment. Any changes will apply prospectively and not retrospectively. For appointments already accepted by us, the Terms in force at the time of booking shall apply.

15.8 Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and the courts of appeal therefrom, and waives any objection to the venue of any legal proceedings on the basis of inconvenient forum or any similar grounds.

For the purposes of these Terms and Conditions, unless the context otherwise requires:

Consequential Loss means, whether arising under statute, contract, equity, tort (including negligence), indemnity or otherwise, any loss or damage that does not arise naturally, in the ordinary course of events, from the relevant breach, act, or omission, regardless of whether such loss or damage may have been in the contemplation of the parties at the time of entering into these Terms. Without limitation, it includes:

• any actual or anticipated loss of profits, revenue, business, contracts, goodwill, opportunity, reputation, anticipated savings, or data;

• any loss or damage arising from business interruption or loss of use; and

• any indirect or remote loss.

For the avoidance of doubt, the parties agree that the Client’s obligation to pay fees and charges properly due under these Terms shall not be considered a Consequential Loss.

Force Majeure Event means any event, circumstance, or cause beyond the reasonable control of a party, including but not limited to acts of God, natural disasters, pandemics, governmental orders or restrictions, strikes, labour disputes, war, riots, civil unrest, failure of suppliers or subcontractors, electrical outages, or cyber-attacks, which prevents a party from performing its obligations under these Terms.

Liability means any loss, cost, expense, liability, damage, charge, fee, fine, penalty, debt, obligation, compensation, claim, demand, action, proceeding, judgment or award (including legal costs and disbursements on a full indemnity basis), whether:

• present or future;

• known or unknown;

• actual or contingent;

• liquidated or unliquidated;

• whether arising at law (including under statute), in equity, in tort (including negligence), under contract, indemnity or otherwise; and

• whether involving a third party or a party to these Terms.

General definition:

• "Body Soul Spa" refers to the business operating under the name Body Soul Spa, located in Queensland, Australia.

• "Client" refers to any individual who books or receives services from Body Soul Spa.

• "Services" encompass all treatments and offerings listed on our website, including but not limited to facials, massages, waxing, makeup, hair services, and spa packages.

If you have any questions, concerns, or feedback regarding these Terms and Conditions or our services, you may CONTACT Body Soul Spa.

By accessing or using this Site, you confirm that you have read, understood, and agree to be legally bound by these Terms and Conditions.