The Tan Club Co.

Website, App & Service Terms and Conditions

Welcome

These terms and conditions ("Terms") outline the rules for using The Tan Club Co. website (the "Website") and mobile app (the "App") (collectively, the "Platforms"). By accessing or using the Platforms or our spray tanning services (the "Services"), you agree to be bound by these Terms. If you do not agree, please do not use the Services.

About The Tan Club Co.

The Tan Club Co. (ABN 78 973 600 180) operates 24/7 automated self-serve spray tanning studios in South Australia. Bookings can be made through the Website or App.

Changes to the Terms

We may update these Terms at any time by posting a revised version on the Website. We recommend checking back periodically for updates. Continued use of the Services after any changes constitutes your acceptance of the updated Terms.

Conditions and Misuse of Tan Sessions

By purchasing a tan session, you agree to the following:

• Each session allows you to run the spray tan machine once during your 20-minute booking. Any additional machine runs will be charged as a separate session.• Each session allows access for one person only. Anyone found to have multiple people in the tan room will be charged a duplicate session fee per additional person. If you require a support person in the room, please contact us prior to your booking.• If the tan room is left in a state of disarray, a commercial cleaning fee will be charged to your account.• Any further misuse of our facilities or equipment will incur a fee of $150.

Safety and Assumption of Risk

By using The Tan Club Co. Services, including the tanning machines and facilities, you acknowledge and agree that you are voluntarily assuming all risks associated with the use of our equipment and services. While we take every reasonable measure to ensure the safety and functionality of our facilities, you understand that tanning involves inherent risks, including but not limited to skin irritation, allergic reactions, or uneven results.

You agree to follow all provided instructions, including before and aftercare guidelines, and to use the equipment as intended. The Tan Club Co. is not liable for any injuries, adverse effects, or damages resulting from misuse, failure to follow instructions, or any pre-existing conditions that may be exacerbated by the use of our services.

Registration and Your Account

To access the Services, you must create an account. During registration, you will be asked to provide personal information including your name, email address, mailing address, phone number, and password. You are responsible for ensuring this information is accurate, current, and complete.

Eligibility

You must be of legal age to form a binding contract with The Tan Club Co. and not be barred from receiving the Services under Australian law. You must complete our Spray Tan Consent form and agree to each item to be eligible to use our Services.

Your Responsibilities

By using our Services, you agree to:

• Use the Services only for their intended purpose and in accordance with these Terms and all applicable laws.• Protect the confidentiality of your account password and not share it with anyone.• Notify us immediately of any unauthorised use of your account or any security breach.• Use the Services for personal, non-commercial purposes only.• Not use the Services for any illegal or unauthorised activity.• Complete our Spray Tan Consent form prior to using our services.• Follow all before and aftercare instructions provided.• Operate the tanning machine only for its intended use.

Payments

You can pay for the Services using:

• Credit Card• Debit Card• Apple Pay and Google Pay• Link

All payments are processed securely through Stripe. You agree to be bound by Stripe's terms and conditions, available on their website. You are responsible for any fees associated with declined payments. We reserve the right to change the pricing of the Services at any time.

Refund Policy

At The Tan Club Co., we strive to provide the highest quality tanning services and customer satisfaction. However, we do not offer refunds for any purchases, including single sessions, memberships, or additional services, except where required by Australian Consumer Law.

Wrong Booking Option Selected

We do not offer refunds if you have selected the wrong booking option. For example, if you paid for a 24/7 Casual Tan during a Slow Day Tan timeframe, the difference will not be refunded. It is the customer's responsibility to select the correct option at the time of booking.

Concerns and Complaints

If you experience an issue with our services, we encourage you to contact us directly at admin@thetanclubco.com.au or by phone at 08 7221 2474. We are committed to resolving any concerns promptly and may, at our discretion, offer alternative solutions such as complimentary sessions or account credits in exceptional circumstances.

By proceeding with a booking or purchase, you acknowledge and agree to this refund policy.

Membership Cancellation Policy

We value your membership and aim to provide you with the best tanning experience. We understand that circumstances may arise where you need to cancel.

Cancellation Notice

Memberships can be cancelled at any time once you have fulfilled your minimum term. Cancellations will take effect at the end of the current billing cycle.

No Refunds

We do not offer refunds for any unused weeks or portions of your membership, including situations where you have not utilised your included spray tans.

Access After Cancellation

Once your membership is cancelled, you will no longer have access to membership benefits, including spray tans, discounted rates, or any other associated perks.

Reactivation

If you wish to rejoin after cancelling, you may sign up for a new membership through our app or by contacting us directly.

By signing up for a membership, you acknowledge and agree to this cancellation policy.

Overdue Payments

All overdue payments, including unpaid membership fees, session charges, or other outstanding amounts, remain the responsibility of the customer until fully paid. The Tan Club Co. reserves the right to take necessary actions to recover overdue amounts, including suspending access to services, engaging a debt recovery agency, or pursuing legal action.

Any costs incurred by The Tan Club Co. in recovering overdue debts, including collection agency fees or legal costs, may be added to the outstanding amount and will be payable by the customer.

Copyright and Intellectual Property

The Website, App, Services, and all related content, including social media content, are protected by copyright laws. You may not copy, modify, distribute, or exploit any content without our prior written permission.

Privacy

We take your privacy seriously. Please refer to our Privacy Policy for details on how we collect, store, and use your personal information.

Disclaimer

We exclude any warranties or guarantees not required by law. The Services are provided "as is" and "as available" without any warranties, express or implied. We are not liable for any special, indirect, or consequential loss arising from your use of the Services.

Limitation of Liability

Our total liability to you is limited to the cost of resupplying the relevant Services. We are not liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use of the Services.

Termination

These Terms remain in effect until terminated by you or The Tan Club Co.

• You may terminate by providing us with 7 days' written notice and closing any accounts you hold with us.• We may terminate these Terms if you breach any provision, we are required to do so by law, or providing the Services becomes commercially unviable.• We reserve the right to suspend or terminate your access to the Services for any violation of these Terms.

Indemnity

You agree to indemnify and hold harmless The Tan Club Co. from any claims, losses, damages, or expenses arising from your use of the Services or any breach of these Terms.

Dispute Resolution

We encourage you to try to resolve any disputes with us informally in the first instance. If a dispute arises:

• Notice: Send us written notice detailing the nature of the dispute and your desired outcome.• Negotiation: We will endeavour to resolve the dispute through negotiation within 14 days of receiving your notice.• Mediation: If negotiation fails, both parties may agree on an independent mediator. Any mediation will be held in Adelaide, South Australia, with costs shared equally between the parties