TERMS AND CONDITIONS

The following terms and conditions, together with our client consent form and Privacy Policy (available online at www.australianskinclinics.com.au) govern purchases made through Australian Skin Clinics and constitute the entire agreement between the contracting parties (‘Agreement’). All purchases of our Products and Treatments will be governed by the Agreement in force as at the date the purchase is made. By making a purchase, you agree to be bound by the Agreement in force on the date of purchase. Our right to vary the Agreement does not extend to provide us with the right to vary pricing of any prepaid Products or Treatments once we have received payment for a Product or Treatment. If you are uncertain about any of the terms of the Agreement, please contact us before the completion of any purchase.

Please consult with your own physician or health care practitioner regarding the use of any goods, Products or information received from us before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.

REVIEW OF TERMS

The Agreement is subject to change from time to time without notice. Past terms and conditions and Privacy Policies can be accessed on request by written notice to us. You can make this request by emailing info@australianskinclinics.com.au.

ADVICE AND INFORMATION

The advice and information contained within or accessible by you through our clinics or on our website (‘Information’) is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions.

The statements made about Products and Treatments have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals. The statements and Products and Treatments are not intended to diagnose, treat, cure or prevent any condition or disease.

Use of the Information is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any of our Products, Treatments or the Information before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.

While we make every effort to ensure that the Information is correct, to the extent permitted by applicable law, we do not warrant that the Product or Treatment descriptions, colours, ingredients, information, or other content available in our clinics on or via our website is accurate, complete, reliable, current, available or error-free. We take no responsibility for any loss or damage arising from use of information or reliance on advice.

Reference to any Products, Treatments, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Australian Skin Clinics.

PRODUCTS, SERVICES AND ORDERS

All orders placed by you are an offer of purchase and are subject to acceptance by us. If an order is not accepted a full refund will occur at the earliest possible convenience. We reserve the right to refuse an offer for any reason.

The Products and Treatments we make available for purchase, including any samples we may provide to you, are for personal use only. You may not sell or resell any Products or Treatments you purchase or otherwise receive from us.

Without limiting the above, we reserve the right to refuse or reduce the quantity of any orders that we reasonably believe are for the purposes of resale or otherwise may result in a violation of these terms and conditions, as determined by us in our sole discretion.

Except where prohibited by law, we may limit the number of Products or Treatments available for purchase by any one customer, including without limitation so that as many customers as possible may enjoy our Products and Treatments.

In the event of the requested Products or Treatments being unavailable, we may cancel the transaction and effect a full refund.

USE OF PRODUCTS

By purchasing our Products, you acknowledge that you are bound by these terms and conditions and agree to use the Products only for their intended purpose and strictly in accordance with the Products instructions, precautions and guidelines. Any other use will cause you to assume full responsibility for any loss or damage arising from their use. Questions as to use can be directed to us by emailing info@australianskinclinics.com.au.
You should always check the ingredients for products to avoid potential allergic reactions.

If any minor uses any Product purchased through us it should be only after the parent or legal guardian has discussed the Product with the minor’s doctor.

ALLERGY

You hereby acknowledge and agree that Australian Skin Clinics and all of its Related Bodies Corporate, franchises, affiliates, officers, directors, employees and agents shall not be liable with respect to, and you hereby waive, release, and agree not to take action against any of them upon, any claim for any loss or harm suffered or incurred by you in connection with, arising out of, or in any way related to, an allergic reaction you suffer as a result of our Products or Treatments unless that allergic reaction is caused by our gross negligence or wilful default.

PRICES + PAYMENT

All prices listed in our clinics and on our website are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable).

The prices indicated may be changed at any time without advance notice. However, the Products and Treatments shall be charged at the rate in force when your order was validated.

Where you pay by payment card, you warrant that you have the necessary rights to use the payment card and that you are fully authorised to use it to pay for the order. You also warrant that this payment card provides access to sufficient funds corresponding to the total cost of the order. Failing this, we reserve the right to cancel the sale. We are under no obligation to ship any goods ordered until payment in full for those goods has been received.

PRE-AUTHORISATION

When you make a purchase in our clinics or on our website by credit card, we may conduct a pre-authorisation on your credit or debit card for a portion of the purchase price. Once the pre-authorisation is processed, we will then instruct your financial institution to cancel the pre-authorisation. Please note that no funds are taken from your account at pre-authorisation, but a temporary ‘hold’ is placed on them. Once we have cancelled the pre-authorisation, it may take up to 7 days for your financial institution to release the funds before you are able to access them.

CREDIT CARD STORAGE

If you purchase Products or Treatments through our website or in our clinics, we may store your credit card details. If you purchase a Product or Treatment from us, you agree to the storage of those details. However, if you are at all concerned with the potential security of this secure storage process, you may request that we do not store this information.

REFUND POLICY

Generally, refunds will not be provided for Products or Treatments purchased from us. We will provide refunds of Products and Treatments sold to you where we are required to do so by Australian Consumer Law, including:

• for any Products or Treatments purchased which we are unable to provide to you; and
• if you purchase a Prepaid Treatment and subsequently do not wish to provide us with the information that we require to provide that Prepaid Treatment to you.
• Treatments and Products are not transferrable to other individuals or clinics. Proof of purchase must be provided. Refunds are not applicable for change of mind.

CANCELLATION POLICY

Due to the nature of our business, we have a strict cancellation policy. To be fair to all clients, by buying Products or Treatments you agree to comply with and be bound by our cancellation policy.
If you fail to attend an appointment without providing at least 24 hours prior notice, we reserve the right to charge you 50% of the treatment cost.
If you have pre-paid for an appointment and you fail to attend that appointment, you may forfeit one treatment from your package.

ADVERSE REACTION POLICY

We take pride in all of our therapists and medical professionals, who are trained to the highest standard. In the unlikely event that you experience a side effect, we will require up to 12 weeks to investigate your concern. We require your full co-operation during this time, which may include weekly consultations for assessment as advised by your trained technician.

CHILDREN AT AUSTRALIAN SKIN CLINICS

We love kids as much as we love safety! It is not safe for children under the age of 16 to be in our treatment rooms and due to COVID 19 State Government Mandates, many Australian Skin Clinics have reduced capacity in our waiting rooms.

Please check with your local clinic directly about room in the waiting areas, and be aware that we do not provide any supervision for children, and we take no responsibility for the safety of children, including without limitation where they are being left unattended in our waiting areas.

If you need to re-book please contact us so we can reschedule your appointment to a more suitable time.

BUY NOW, PAY LATER OPTIONS

To purchase with Afterpay or Zip a minimum of $100 must be reached with all purchases made in clinic or online.
For full terms and conditions of these Treatments, please visit your buy now, pay later provider’s website.

PROVISION OF INFORMATION

In order for us to provide our Products and Treatments to you, you may be required to complete and submit a client consent form. In some cases, we may be able to provide a limited range of Treatments to you if you do not wish to provide the information required to complete a client consent form, however we retain the right to refuse to provide our Products and Treatments Treatments to you in our absolute discretion.

In order to complete the client consent form, you will be required to provide us with a range of information about yourself including without limitation information about your health, medical conditions, treatment history, family health history, diet and lifestyle. By completing the client consent form, you warrant and represent that the information you provide to us is true and correct in all material respects and that you have provided all relevant information. Further, you acknowledge and agree that we accept no liability for any loss or damage that you suffer as a result of providing us with incorrect information or in connection with a failure to provide us with all relevant information in the client consent form.

PRIVACY

We collect personal information directly from clients or potential future clients when they personally complete and submit a client consent form, purchase Products or Treatments from us, or use our website.

We collect personal information when a Product or Treatment is purchased in order to provide the requested treatment, provide updated information, and advise which other Treatments may be of interest to you. You do not need to provide us with personal information, however this may result in us being unable to provide a Product or Treatment to you.

You acknowledge the basis on which (and purposes for which) we may collect your personal information and authorise such collection in accordance with the terms of our Privacy Policy from time to time. You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. You agree not to provide misleading, deceptive or false information and that you indemnify us against any claims made against us as a result of your non-compliance with these terms.

For more information about how we deal with your personal information, please review our privacy policy on our website.

SENSITIVE INFORMATION

We may collect information disclosed to us about your physical and mental health and well-being (‘Sensitive Information’).

We will only ever use Sensitive Information for providing Treatments to customers. Sensitive Information will not be used or disclosed for any other purpose without consent, except where disclosure may be required by law or is necessary to protect the rights or property of Australian Skin Clinics, a related company, any member of the public, or to lessen a serious threat to a person’s health or safety.

BREACH AND TERMINATION

If, in our reasonable opinion, you have breached any provision of this Agreement we may immediately issue a warning or temporarily suspend or permanently prevent your access to any or all of our clinics and/or all or parts of our website. In any event, we may terminate the Agreement (and your rights to use our website) at any time and for any reason without prior notice to you.

PRICE MATCH POLICY

At certain participating clinics we will offer to match a competitor’s price for the same Treatments using the same equipment and products, subject to the following conditions (‘Price Match’).

The Price Match Policy applies to “like for like” laser hair removal treatments purchased in a participating Australian Skin Clinics.

The competitor you wish to Price Match must be located within a 10km radius of the participating clinic from which you wish to purchase the Product or Treatment.

You may only purchase the same volume of Treatments as is being advertised by the competitor you would like to Price Match (e.g. you cannot purchase 10 Treatments at the price of a competitor’s introductory single treatment price).

You are not permitted to go back and forward between us and a competitor. That is, we will not Price Match a competitor’s Price Match.

In every instance the competitor’s price must be cross checked and confirmed as a true advertised price on the competitor’s website or via phone directly with the competitor.

You must disclose your request for a Price Match prior to receiving the treatment you wish to Price Match.

The Price Match Policy does not apply to payments received or treatment already undertaken.

The Price Match Policy does not apply to offers made by competitors in relation to group buying or offers made through discount or coupon websites.

Australian Skin Clinics reserves the right to refuse Price Matching of competitors heavily discounted items.

GIFT CARDS & VOUCHERS

The following conditions apply to the use of gift cards and gift vouchers issued by Australian Skin Clinics. By purchasing or using a gift voucher with us you agree to be bound by these conditions.
Our gift cards:
• are redeemable only for merchandise or Treatments sold by us and only prior to the date of expiry;
• expire 36 months after date of purchase and will be void and no longer redeemable after that date;
• must have the serial number printed on the voucher in order for the voucher to be valid. We may permit you to use a gift voucher without the original voucher if you have the serial number, however we may refuse to do so in our absolute discretion; and
• cannot be redeemed for cash, returned for a refund, have their balances consolidated to a new gift voucher, or be replaced after expiry.

After a gift voucher has expired, it is no longer valid and all transactions attempted using the voucher will be declined. Upon expiry of a gift voucher all of Australian Skin Clinics’ obligations to redeem unused value for merchandise or Treatments are automatically satisfied in full and fully discharged.

You should treat a gift voucher like cash. Defaced, mutilated, altered, lost or stolen gift vouchers will not be replaced, refunded or redeemed.

Purchases exceeding the available balance will require the difference to be paid by other means.

Anyone holding the gift voucher can use its value to make purchases so your gift voucher should be kept secure. If your gift voucher is lost or stolen, you should immediately report this to the Australian Skin Clinics clinic from which it was purchased. We may be able to stop gift voucher value being used, but we take no responsibility and are not liable for any loss suffered by you as a result of a lost or stolen gift voucher.

We may replace a faulty, lost or stolen gift voucher in our absolute discretion. Any replacement gift voucher will have the same unused value (at the time of replacement) and expiry date. Gift vouchers will be void if they are defaced, mutilated, altered or tampered with in any way. We may subject gift vouchers to verification and security checks in our absolute discretion.

We may cancel any gift voucher, or the gift voucher scheme, for any reason at any time without notice. If so, we may either provide a refund or a replacement gift voucher of equivalent value unless we reasonably suspect fraud in relation to a gift voucher.

PREPAID TREATMENTS

We may offer you the ability to purchase one or multiple Treatments prior to you receiving those treatments (‘Prepaid Treatment’).

Pre-paid treatments/ services and service packages are not transferrable to other individuals or clinics and must be redeemed at the clinic they were purchased from.

Our Prepaid Treatments expire on the date 18 months from the date of purchase. This policy is in place as Treatments forming a part of a Prepaid Treatment course are required to be undertaken regularly and consistently in order to achieve anticipated results.

Upon expiry, all of Australian Skin Clinics’s obligations to provide the treatment that was prepaid are automatically satisfied in full and Australian Skin Clinics is fully discharged from providing such Prepaid Treatments.

ADD ON TREATMENTS

Add on Treatments must be redeemed with a full priced treatment and cannot be redeemed as a stand alone treatment.

COSMETIC INJECTABLES

All cosmetic injections require a booking made in advance and consultation with an Australian Skin Clinics nurse or doctor prior to treatment.

Initial consultations are complimentary. Some clinics may require a deposit to secure the consultation, however the deposit amount is fully refundable, whether you proceed with a treatment or not. Please note this amount is only refundable if client attends appointment. If client does not show, they will lose their deposit.

Cosmetic injectable treatments available may vary between Australian Skin Clinics. Please contact your local clinic for details on available injectable treatments.

Cosmetic injectable treatments cannot be pre-paid, however payment must be made in full at time of service.

The price per area treated will depend on the number of units required and the product used. For legal reasons, product names cannot be used in advertising. Please contact your closest Australian Skin Clinic for further information.

Cosmetic injectable package prices are based on specific products, up to a particular amount of ml or units. Your Australian Skin Clinics registered nurse or doctor will develop a tailored treatment plan for you and will advise if our packages are suitable for your goals.

Australian Skin Clinics reserves the right for our medical practitioners to determine suitable treatment for client and can refuse to treat at any time.

Before and after images are examples of results achieved for specific patients and not indicative of standard final results. Results will vary for each person, Australian Skin Clinics cannot guarantee longevity of product.
Information and images used for Australian Skin Clinics website content, blog posts, social media content, marketing material and advertising is intended to be educational only, not interpreted as professional advice or a recommendation on products or services.

Standard terms and conditions apply for cosmetic injections.

COOLSCULPTING & CLATUU FAT FREEZING

CoolSculpting® and Clatuu Fat Freezing treatments are valid only at the clinic of purchase.

CoolSculpting® and Clatuu Fat Freezing are not a treatment for obesity, and each client’s suitability will be assessed during the complimentary consultation

As with any procedure, ask your physician if the CoolSculpting® or Clatuu procedure is right for you. CoolSculpting and Clatuu consultations are free of charge and important to assess suitability of the client for treatment.

Individual results may vary and Australian Skin Clinics cannot guarantee any individual results due to factors outside of Australian Skin Clinics’ control including, but not limited to:

• Diet and exercise regime during and after treatment
• Individual metabolic response to the treatment
• Medical conditions and genetic predisposition
• CoolSculpting® and Clatuu are not a weight loss procedure and should not replace a healthy diet and active lifestyle
• Australian Skin Clinics’ standard terms and conditions apply for CoolSculpting® and Clatuu packages purchased, including refund, prepaid and cancellation policies.CoolSculpting® effectiveness claims are based on the information and clinical study results provided by Allergan Australia.

The claimed number of global CoolSculpting® treatments worldwide is based on information provided by Allergan Australia and is correct as at July 2019. Images and videos used to depict CoolSculpting® are for illustrative purposes only, including real patients, models and scientific modelling. CoolSculpting® and its design are registered trademarks of ZELTIQ Aesthetics, Inc., an Allergan affiliate.

NOTE: During the procedure you may experience sensations of pulling, tugging, mild pinching, intense cold, tingling, stinging, aching and cramping at the treatment site. These sensations may subside as the area becomes numb. Following the procedure, typical side effects include redness, swelling, blanching, bruising, firmness, tingling, stinging, tenderness, cramping, aching, itching, skin sensitivity and numbness. Numbness can persist for up to several weeks. A sensation of fullness in the back of the throat may occur after submental treatment. Rare side effects such as paradoxical hyperplasia, late-onset pain, freeze burn, vasovagal symptoms, subcutaneous induration, hyperpigmentation and hernia may also occur. The CoolSculpting® procedure is not for everyone. You should not have the CoolSculpting® procedure if you suffer from cryoglobulinaemia, cold agglutinin disease or paroxysmal cold haemoglobinuria. The CoolSculpting® procedure is not a treatment for obesity.

CURRENT OFFERS

We frequently offer promotions on our Products and Treatments, the full terms and conditions can be found on our website by visiting our Treatment Offer Pages.

INTELLECTUAL PROPERTY

All contents included in our clinics or on our website, including without limitation text, icons and graphics are owned or licensed by us or our suppliers and are protected by Australian and international intellectual property laws. All Product, Treatment and company names and logos mentioned in our clinics or on our website are the trademarks, Treatment marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of using it as an information resource in connection with our Treatments. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including, but not limited to, text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so. Nothing in these terms and conditions constitutes a transfer any intellectual property rights.

LIMITATION OF LIABILITY

To the full extent permitted by law, we make no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any Product or Treatment supplied by us.
Where legislation implies into this Agreement any condition or warranty that cannot be restricted or modified, our liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at our option, one or more of the following: (a) replacement of the Products or Treatments, the repair of the Products , or the supply of equivalent Products or Treatments; (b) repayment of any part of the price of the Products or Treatments supplied; or (c) payment of the costs of replacing or repairing the Products or Treatments, or acquiring equivalent Products.
This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any Products or Treatments pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.

LIMITATION OF LIABILITY WEBSITE

You agree that, to the fullest extent permitted by law, we will not be responsible or liable in relation to your use of any website of Australian Skin Clinics (‘Sites’) (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to our website; (c) data non-delivery, mis delivery, corruption, destruction or other modifications; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of our website, including through or in relation to a hyperlink to or from third-party websites; (e) any inaccuracies or omissions in content, or (f) events beyond our reasonable control.

You agree to defend, indemnify and hold harmless Australian Skin Clinics (and each of their officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of: (a) your use of and access to the Sites; (b) your violation of any term of these terms and conditions; (c) a breach of your representations and warranties set forth above regarding content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of our website.

Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind or loss of profits, revenue, loss of data, loss of goodwill, arising out of or related to the Sites or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability to you (or anyone claiming through you) exceed one hundred dollars ($100.00).

APPLICABLE LAW AND JURISDICTION

All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the laws of the state in which you purchase Products or Treatments from us. By purchasing Products or Treatments from us you submit to the jurisdiction of the courts of Australia and where applicable the court of the state in which you purchase those Products or Treatments, and you agree that any legal action will only be commenced in these forums.

GENERAL

If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

INTERPRETATION

‘Australian Skin Clinics’, ‘we’, ‘our’ or ‘us’ means any or all of the following entities as the context requires:

• SILK Laser Australia Limited ACN 645 400 399 (‘HeadCo’);
• ASC Master Franchise Pty Ltd ACN 153 138 268 (‘FranchiseCo’);
• any franchisee of FranchiseCo; and /or
• any entity that is a ‘related body corporate’ or a ‘related entity’ of HeadCo or FranchiseCo for the purposes of the Corporations Act 2001 (Cth).
• ‘Products’ means any skincare and beauty products offered for sale by Australian Skin Clinics; and ‘Treatment’ means any service offered by Australian Skin Clinics and includes any treatments that we offer from time to time.