Terms of service

Effective Date: 07/06/25

1. Definitions
In these Terms of Service, the following expressions shall have the following meanings:
- “Siskka”, “we”, “us”, or “our” refers to the business operated by Kiara
Daniell, trading as Siskka.
- “Customer”, “you”, or “your” means any individual who uses this website, places
an order, or purchases products or services from Siskka.
- “Products” refers to the physical goods available for purchase, including but not
limited to press-on nails and custom-designed press-on nails.
- “Custom Products” means any product made to the customer’s specifications,
including personalised or made-to-order press-on nails.
- “Digital Products” means downloadable files, online courses, and digital content
available for purchase.
- “Services” refers to coaching programs, consultations, and educational services
offered by Siskka Studios.
- “Order” means any request by a customer to purchase a product or service from
Siskka through this website.
- “Terms” refers to these Terms of Service, as may be amended from time to time.
- “Australian Consumer Law (ACL)” refers to Schedule 2 of the Competition and
Consumer Act 2010 (Cth).
- “EU Consumer Rights Directive” refers to Directive 2011/83/EU of the European
Parliament on consumer rights.
- “GDPR” refers to the General Data Protection Regulation (EU Regulation 2016/679).

2. Scope and Acceptance of Terms
These Terms govern all sales of products and services by Siskka via its website. By accessing our website, browsing, or placing an order, you agree to comply with and be bound by these Terms. These Terms apply in addition to, and do not replace, your rights under applicable consumer protection legislation.

3. Orders, Pricing and Payment
All orders placed through our website are subject to acceptance and availability. Prices for our products and services are listed in Australian Dollars (AUD) unless otherwise specified. We reserve the right to amend pricing at any time without notice.
Payment must be made in full at the time of purchase, unless a payment plan is offered and agreed upon. By entering into a payment plan, you agree to complete all scheduled
payments within the agreed timeframe. In the event of late or missed payments, Siskka reserves the right to charge a reasonable late payment fee and to apply interest in accordance with statutory rates. Repeated failure to meet payment obligations may result in suspension or termination of access to purchased products or services.

4. Delivery of Physical Products
Siskka will dispatch physical products to the delivery address provided at the time of
purchase. Dispatch and delivery times are indicative only and may vary. While we will make reasonable efforts to meet estimated delivery timelines, we are not liable for any delays beyond our control. Risk of loss or damage to goods passes to you upon delivery. For international orders, you acknowledge that customs duties, taxes, and import charges may apply, and such charges are your responsibility.

5. Colour, Image & Product Description Disclaimer
Please be aware that product colours and images displayed on our website may appear
differently depending on your device's screen settings and display capabilities. Variations in monitor calibrations, screen resolutions, and browser technologies can affect how colours are presented online. As a result, we cannot guarantee that the colours you see on your screen will perfectly match the actual product in person.
While we make every effort to ensure our product images and descriptions are as accurate and true to life as possible, minor discrepancies may occur. Factors contributing to these differences include:
- Variations in lighting conditions during photography.
- Updates or changes to suppliers and materials over time.
- Differences in device screens, display technologies, and viewing environments.
There may be slight variations between the visual representation and the final product
received. We strive to present our products accurately but cannot guarantee an exact match due to these factors.

6. Refunds and Returns
Please see our Returns and Refund Policy.

7. Digital Products and Course Access
Siskka offers educational courses designed to provide foundational knowledge and practical skills. These courses are not accredited programs and do not confer any formal qualifications. Students are responsible for the level of effort, practice, and application they bring to the course material. Completion of a course does not guarantee specific results, outcomes, or professional success.
Students must comply with the guidelines and timelines set by Siskka for course completion. If a student requires additional time to complete a course, they must contact Siskka to request an extension. Course extensions may be granted at the discretion of Siskka and will incur an additional cost.

A course will be deemed “abandoned” if a student fails to complete the course within the allotted timeframe, including any granted extensions. Upon abandonment, the student’s access to the course content will be revoked, and no further access will be provided.

Certificates of completion are issued based on the successful completion of all required components of the course, adherence to course guidelines, and satisfactory participation. Failure to comply with course requirements may affect the issuance of certificates

8. Course Management Rights
Siskka retains the right to withdraw any course from availability at any time.
Furthermore, Siskka may cancel a student's enrolment in a course if deemed
necessary, at its sole discretion. In such cases, if a student has not accessed the course materials and has less than six (6) weeks remaining to complete the course, Siskka will refund the course fee, less any applicable third-party fees. If the student has already accessed any course materials or has six (6) weeks or more remaining to complete the course, no refund will be provided. In the event of a course cancellation affecting active students who have already begun viewing the course content, Siskka will provide a six (6) week grace period for those students to complete the remaining course material before access is revoked. In the case of enrolments requiring a deposit, the deposit is non-refundable. If a student chooses to cancel or withdraw from a course within one (1) week of enrolling, Siskka will retain the agreed non-refundable deposit.

9. Coaching Services
All 1:1 coaching calls are provided as individual, one-off services tailored to the specific
needs of each client. These coaching sessions are charged on an hourly basis and are not sold as part of a program or ongoing package. Clients may book as many or as few sessions as they choose, subject to availability.
Coaching sessions are arranged via Instagram direct message and confirmed through the Fresha booking platform, where they are scheduled as Zoom meetings. Payment for each session is made upfront at the time of booking via Fresha or Stripe.
Due to the personalised nature of the coaching service and the time reserved exclusively for each client:
- Refunds are not available for completed or missed sessions, including where a client
fails to attend or cancels with insufficient notice.
- Cancellations or rescheduling requests must be made at least 24 hours in advance of
the scheduled session. Clients who cancel with at least 24 hours’ notice may
reschedule their session to another available time. No refunds will be issued.
- Cancellations made within 24 hours of the scheduled session will be treated as late
cancellations and are not eligible for rescheduling or refund.
In the rare event that the coach must cancel a session, clients will be offered the option to reschedule or receive a full refund for the cancelled session.

10. Modifications to Services and Pricing
Siskka reserves the right to modify or discontinue any product, service, or content
offered on the website at any time, without prior notice. Prices for products and services are subject to change without notice.                                                                  We shall not be held liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of products or services. This includes, but is not limited to, temporary or permanent removal of courses, products, or coaching services.

11. Intellectual Property Rights
All content, branding, product designs, digital products, and course materials are the
exclusive intellectual property of Siskka and Kiara Daniell. You are granted a limited, non-exclusive, non-transferable licence to access and use purchased content for personal, non-commercial purposes only.
You are strictly prohibited from copying, reproducing, or duplicating any content contained within the course. You must not claim ownership of, or present as your own, any materials, resources, or intellectual property provided by Siskka.
The resale, redistribution, or commercial exploitation of any course materials, whether in whole or in part, is expressly forbidden. You are not permitted to modify, alter, or create derivative works based on any course content.
You must not share, disclose, or distribute any course materials, including but not limited to videos, images, documents, and proprietary information, to any third party without prior written consent from Siskka.
Recording, screen capturing, or otherwise reproducing videos, images, or other content from the course without authorisation is strictly prohibited.
Any conduct that may damage, infringe upon, or jeopardise the intellectual property rights of Siskka and Kiara Daniell is strictly forbidden and may result in legal action.

12. Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided as is, and as available; for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Siskka, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. External Links and Third-Party Services
Our website may contain links to third-party websites and services, including but not limited to Shopify and Fresha. Siskka is not responsible for the content, privacy practices, or availability of these third-party websites. Accessing third-party services is at your own risk.

14. Dispute Resolution
If you have a dispute with Siskka, you agree to first contact us in writing to attempt to resolve the matter amicably.
Both parties agree to engage in negotiations for a period of 14 days (or longer if agreed) to resolve the dispute.
If the dispute cannot be resolved through negotiation, it may be referred to mediation (if both parties agree) or a court of competent jurisdiction.

15. Indemnification
You agree to indemnify, defend, and hold harmless Siskka Studios, its parent entities,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from and against any and all claims, demands, liabilities, damages, losses, costs, or expenses, including reasonable legal fees, arising out of or in connection with your breach of these Terms of Service, any documents they incorporate by reference, your violation of any applicable law, or your infringement of the rights of any third party.

16. Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable under any applicable law, such provision shall nonetheless be enforced to the fullest extent permitted by law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity or enforceability of the remaining provisions.

17. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service shall remain in effect unless and until terminated by either party.
We may terminate the contract immediately by providing notice for any reason, including but not limited to:
(i) Failure to make payments;
(ii) Failure to provide necessary information or instructions;                                            (iii) Conflict of interest; or
(iv) Inappropriate conduct.
You may terminate these Terms of Service at any time by providing 30 days’ written notice that you no longer wish to use our services.. Siskka Studios reserves the right to terminate this agreement immediately and without prior notice if, in our sole discretion, you fail to comply with any provision of these Terms.
Upon termination, you shall remain liable for all amounts due up to and including the date of termination, and Siskka Studios may deny you further access to its services.

18. Entire Agreement
These Terms of Service, together with any policies, notices, or operating rules posted by Siskka on this website or referenced herein, constitute the entire agreement and
understanding between you and Siskka regarding the use of our website, products,
and services. These Terms supersede any prior or contemporaneous agreements,
communications, and proposals, whether oral or written, between you and Siskka,
including any previous versions of these Terms of Service. The failure by Siskka to
exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against Siskka as the drafting party.

19. Electronic Communication
By using our website and services, you consent to receiving communications from Siskka electronically, including via email, SMS, or other electronic means. You acknowledge the inherent risks associated with electronic communication, including the potential for delayed, misdirected, or undelivered messages, and agree that it is your responsibility to ensure the security of your own communication systems.

20. Governing Law and Jurisdiction
These Terms of Service and any separate agreements under which Siskka Studios provides products or services to you shall be governed by and construed in accordance with the laws of Queensland, Australia. Regardless of your place of residence or the location from which you access our website, you agree that any legal proceedings arising out of or in connection with these Terms shall be brought exclusively before the courts of Queensland. This choice of governing law does not affect any mandatory consumer protection rights to which you are entitled under the laws of your country of residence.

21. Changes to Terms
Siskka reserves the right to update or amend these Terms at any time. The latest
version will be posted on our website, and your continued use of our services constitutes acceptance of the updated Terms.

22. Contact Information
If you have any questions regarding these Terms, please contact us via email at.
info@siskka.com.au or through Instagram at @siskkastudios.