TERMS AND CONDITIONS – SPRAY TANNING
‍

1. INTRODUCTION

(a) This website (Site) is operated by Six Gold Stars Pty Ltd trading as Cube Fitness Pty Ltd (ACN 661 981 479) (we, our or us). These terms and conditions (Terms) are between us and you, the person booking spray tanning services through the Site or in person.

2. ACCEPTANCE AND USE OF SERVICES

(a) You accept these Terms by booking a spray tanning appointment via the Site, in person, or by attending your appointment. You must be at least 16 years old to book and use our spray tanning services. If you are under 18 years of age, you must have written consent from a parent or guardian before booking, and a parent or guardian must be present during your appointment.
(b) When using our services, you must not:
(1) provide false or misleading information about your health or medical conditions;
(2) attend your appointment under the influence of alcohol or drugs;
(3) engage in behaviour that may cause harm to yourself, our staff, or other clients;
(4) use our facilities for any unlawful purposes; or
(5) facilitating or assisting a third party to do any of the above acts.

3. ACCOUNTS:

(a) You may book spray tanning services as a guest without creating an account, or you may choose to create an account for easier future bookings.
(b) You are responsible for keeping your account details confidential and for all activity on your account.

4. BOOKING AND SERVICES

(a) You may book individual spray tanning appointments or purchase packages through our Site or in person.
(b) We may, at our absolute discretion, accept or reject any booking. Once we accept your booking, a binding agreement is formed for the provision of spray tanning services to you in accordance with these Terms.
(c) All bookings are subject to availability and staff scheduling. We will confirm your appointment time via email or SMS.

5. PRICE AND PAYMENTS

(a) You must pay us the full price for your spray tanning service at the time of booking, in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately.
(b) You must pay the Price upfront using one of the methods set out on the Site.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. 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.
(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
(e) We may from time to time issue promotional discount codes for certain products or services on the Site.
(f) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
(g) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

6. HEALTH AND SAFETY REQUIREMENTS

(a) For clients under 18: A parent or guardian must provide written consent and must be present during the appointment. The parent or guardian acknowledges they have read and understood these terms, including all health warnings and risks.
(b) IMPORTANT HEALTH WARNINGS:(1) Spray tanning may cause allergic reactions, skin irritation, or respiratory issues in some individuals.(2) Pregnant or breastfeeding women should consult their doctor before using our services.
(3) Persons with certain medical conditions or taking medications that affect skin sensitivity should seek medical advice.
(4) You may experience temporary staining of clothing, bedding, or other materials.(c) You represent and warrant that:(1) You have disclosed all relevant medical conditions, allergies, and medications;(2) You are not suffering from any skin conditions that may be aggravated by spray tanning;(3) You will follow all pre and post-tanning guidelines we provide; and(4) You understand the risks associated with spray tanning.

7. SPRAY TANNING GUIDELINES

(a) We will provide you with the following comprehensive guidelines:(
1) Pre-appointment preparation.To ensure the best results, please follow these steps before your appointment:
Exfoliate thoroughly on the day of your appointment, paying extra attention to dry areas like knees, elbows, and ankles.
Avoid applying body moisturizers, perfumes, or deodorants before your session.
Wear loose-fitting clothing to prevent smudging—note that tan solution may transfer onto fabrics.
Bring an umbrella if it's raining to protect your fresh tan from water exposure.Skin safety first: We cannot spray over open wounds or skin infections.
Let us know if you've had any cosmetic treatments in the past week (e.g., tinting, injectables, skin needling, or tattoos).

(2) Post-appointment care instructionsFollow these steps to maintain a flawless, long-lasting glow:
Allow your tan to develop for 1–4 hours (speak to your technician who will advise the exact time).
Avoid water contact until it's time to rinse—no showers, sweating, or handwashing.
Rinse with warm water only. Skip soaps, scrubs, or body washes during the initial rinse.
Hold off on moisturizing for at least 12 hours post-appointment to allow full development.
Don't worry if your tan looks light after rinsing—it will continue to deepen over the next 12 hours.
Moisturize regularly after the 12-hour mark to extend the life of your tan and keep it looking fresh.
Tan longevity: Expect your glow to last 5–10 days depending on your skin type and aftercare routine.
(b) You acknowledge and agree that:(1) Failure to follow our guidelines may result in unsatisfactory results;(2) We cannot guarantee specific results; and(3) Following our guidelines is essential for optimal results.

8. CANCELLATION POLICY:

(a) More than 24 hours before appointment: Full refund available.
(b) Less than 24 hours before appointment: No refund - appointment fee forfeited OR converted to credit for future use (at our discretion).
(c) No show: Full forfeiture of appointment fee.
(d) Credits issued must be used within 6 months of issue date or will expire.
(e) You may reschedule appointments with at least 24 hours' notice, subject to availability.
(f) You may have rights under the Australian Consumer Law (see below) in addition to this clause.

9. AUSTRALIAN CONSUMER LAW

(a) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, Our services come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a remedy for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services re-performed if the services fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

(b) Where your claim is a valid claim under the Australian Consumer Law, we will assess the failure and provide an appropriate remedy which may include re-performance of the service at no additional cost to you, a partial refund, or a full refund of the service fee. Please contact us for further information.

10. LIMITATIONS

(a) Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
(1) neither Party will be liable for Consequential Loss;
(2) each Party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
(3) our aggregate liability for any Liability arising from or in connection with the Terms (including the services and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the services the subject of the relevant claim.

11. RISK WARNING AND WAIVER

(a) You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the services) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
(c) You must not, without our prior written consent:
(1) copy, in whole or in part, any of Our Intellectual Property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(3) breach any intellectual property rights connected with the Site or the products or services, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

12. INTELLECTUAL PROPERTY

(a) Spray tanning carries inherent risks including but not limited to:
(1) Allergic reactions or skin sensitivity;
(2) Temporary staining of skin, clothing, or other materials;
(3) Respiratory irritation from spray mist;
(4) Slip hazards from spray tanning solutions; or
(5) Uneven or unsatisfactory colour results.
(b) You acknowledge and voluntarily accept these risks. To the maximum extent permitted by law, you agree to participate at your own risk.

13. GENERAL

(a) Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
(d) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(e) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(f) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(g) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
(h) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

14. DEFINITIONS

(a) Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute "Consequential Loss".
(b) Force Majeure Event means any event or circumstance which is beyond a Party's reasonable control.
(c) Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

‍For any questions and notices, please contact us at:
Six Gold Stars Pty Ltd (ACN 661 981 479)
Email: hornsby@cubefitness.com.au