Terms & Conditions
Booking and Purchase Terms & Conditions
Thank you for choosing Skindevour Skin Clinic. These Booking and Purchase Terms and Conditions (Terms) apply when you make a booking and/or purchase through our website (https://skindevour.com.au/) (Website), via telephone, or in-person at a Skindevour Skin Clinic.
By making a booking or purchase you agree to these Terms with your Chosen Clinic (refer to section 1.1 below). References in these Terms to ‘we’, ‘us’, and ‘our’ are references to Skindevour.
You should review these Terms carefully and not proceed with a booking or purchase if you do not agree. You should also review the other Skindevour Website Terms and Conditions and Skindevour Privacy Policy, which outline (as applicable) the additional terms that apply to the use of the Website, and provide information on how your personal information is handled by Skindevour (as defined in section 1.1 below).
1. Agreement
1.1 Formation of agreement with Skindevour
These Terms are agreed between you and Skindevour.
1.2 Client consent form
You agree that you will be required to agree to additional terms with your Chosen Clinic before you receive relevant goods and/or services, including (without limitation) the client consent form.
1.3 Additional terms for particular services and promotions
(a) For certain services, campaigns, promotions, or contests, additional terms and conditions may apply.
(b) You acknowledge that if you want to receive certain services or participate in a campaign, promotion, or contest, you agree to those applicable terms and conditions. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
2.Accounts
2.1 General
To make a booking or purchase through the Website, you must register for, and hold, an account for your use of our customer portal (Account and Portal). You must not create an account on behalf of another person. To create an Account, you:
(a) must be at least 18 years of age;
(b) must possess the legal right and ability to enter into a legally binding agreement with us; and
(c) agree and warrant to use the Website in accordance with these Terms.
2.2 Collection of personal information
(a) As part of making a booking and/or purchase, you will provide us with personal information, including your full name, date of birth, and contact details (such as your email and phone number). We collect personal information about you in order to process your booking and/or purchase, provide you with marketing materials, news, and promotional offers from us, and for purposes otherwise set out in the Privacy Policy.
(b) In addition to the information above, we may collect sensitive information (including health information such as health, medical conditions, treatment history, family health history, diet, and lifestyle information) from you, or others involved in your health, in order to provide appropriate goods and/or services to you.
(c) We may disclose your personal information and sensitive information to:
(i) third parties that help us deliver our services (including IT service providers, and providers of marketing, market research, and consulting services) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.
(d) The Privacy Policy also explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at [email protected].
(e) You must ensure any information you provide us is accurate and current.
2.3 Account Security
When you register and activate your Account, you can choose your username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under your Account.
2.4 Cancellation and suspension
(a) You may cancel or suspend your Account at any time by emailing [email protected]. Where you cancel or suspend your Account, you will no longer be entitled to access
(b) We may restrict, suspend, or terminate your Account or your access to the Portal, including any material (including all text, graphics, logos, audio, and software) made available to you through the Portal (Content), or any feature of the Portal at any time, provided that we will seek to provide you with reasonable notice of such restriction, suspension or termination where practicable and having regard to the nature and circumstances of any potential breach of these Terms.
(c) Without limiting paragraph (b), we may immediately suspend or cancel your Account or access to the Portal if:
(i) you are, or we reasonably suspect that you are, in breach of:
(a) these Terms; or
(b) any applicable law;
(ii) we reasonably believe that we are, or are likely to be, in breach of law or brought into disrepute, as a result of the provision of, or your use the Portal; or
(iii) we are required to do so in order to comply with an order, instruction or request of a regulatory authority.
(d) To the extent that you object to the suspension or cancellation of your Account or access to the Portal under 2(c)(i) or (ii) above, you must lodge a written objection to [email protected] within 30 days which we must then consider and respond to in writing within 30 days.
3.Accuracy, completeness, and timeliness of information
We use all reasonable attempts to ensure the accuracy and completeness of the information we provide to you, however the information on the Portal and as otherwise provided to you is not comprehensive, and material we provide is intended to provide a summary of the subject matter covered.
We recognise that you have rights under the Australian Consumer Law which forms part of the Competition and Consumer Act 2010 (Cth) (ACL) but, to the maximum extent permitted by that law, we make no warranties or representations about the Portal or the Content, including warranties or representations that they will be complete, accurate or up to date, that access will be uninterrupted or error-free or free from viruses, or that the Portal will be secure.
To the extent permitted by applicable law, including the ACL, save for instances of our fraud, negligence and wilful misconduct, we are not liable to you or anyone else if errors occur in the information made available to you, or if that information is not up to date. We may, from time to time and without notice, change or add to the information, products or services we provided. However, despite best efforts, we cannot guarantee that information made available to you is always updated with the very latest information.
To the extent that we change our service offering, however, and you have pre-booked for that service, you will be able to cancel that booking and will be offered a full refund (for any pre-purchased services).
4.Linked sites and resources
The Portal may contain links to websites and resources operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
5.Bookings and purchases
5.1 Bookings (general)
(a) When you make a booking, you will be asked to provide certain information to assist us in finding an appropriate service for you. You must provide accurate and current information to us to ensure we can find the most appropriate booking for you.
(b) While we will use our best efforts to ensure that we can deliver the relevant service at your booked time, subject to applicable law, we make no guarantee that we will be able to deliver the relevant service at the booked time.
(c) If we cannot deliver your booked service at your booked time, we will use best efforts to find an alternative suitable time.
(d) When you make a booking, you agree to pay in full the cost of those goods and/or services to Skindevour, including any taxes and charges that may apply.
(e) All bookings placed are subject to confirmation and acceptance by Skindevour and may be subject to change upon reasonable notice to you.
5.2 Website bookings
(a) You may book appointments through the Portal.
(b) After making a website booking, you will receive a communication from Skindevour confirming your booking.
5.3 Telephone bookings
(a) You may make bookings via telephone.
(b) After making a telephone booking, you will receive a communication from your Chosen Clinic confirming your booking.
5.4 Purchases (general)
(a) When you make a purchase of goods and/or services you will be prompted to pay the relevant cost of those goods and/or services including any taxes and charges that may apply via the Website or telephone (as applicable).
(b) Except where prohibited by law, we may limit the number or type of goods and/or services available for purchase by you.
5.5 Refunds and cancellations
Subject to applicable law, including the Australian Consumer Law, you agree and acknowledge that if you wish to change your booking or make a cancellation, your rights and obligations are set out in the Skindevour Clinic Cancellation and Refunds Policy.
6.Medical disclaimers
6.1 No professional medical or healthcare advice
(a) You agree that the Content is of a general nature and does not constitute professional medical or healthcare advice, diagnosis, or recommendation of treatment and are not intended to, nor should they be used to, replace professional medical advice. In no circumstances should any Content be relied upon without independent consideration and confirmation by a qualified medical practitioner.
(b) Subject to Australian Consumer Law, we make no representations or warranties with respect to any treatment, action, suitability or application of medication or preparation by any person whether based on the Content or not. In no circumstances will we be liable for any direct, indirect, consequential, special, exemplary or other damages arising from the same, save for instances of our fraud, negligence and wilful misconduct.
(c) Always seek the advice of your doctor or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment before undertaking a treatment regimen.
6.2 Adverse reaction policy
(a) We take pride in all of our therapists, who are trained to the required standard. In the unlikely event that you experience a side effect, we will require reasonable time and information to investigate your concern.
(b) You must provide your full co-operation during this time, which may include (where reasonable) telehealth consultations for assessment and or review of your circumstances by the manager of Skindevour.
6.3 Suitability of goods
(a) Goods must only be used for their intended purpose and in accordance with the relevant instructions, precautions, and guidelines. You are responsible for ensuring that the goods are suitable for you and seeking appropriate professional medical advice.
(b) Without limiting paragraph 6.3(a):
(i) you should always check the ingredients for goods to avoid potential allergic reactions; and
(ii) you acknowledge that not all goods are suitable for all skin tones. If using prescription medications (oral or topical), pregnant, breastfeeding, or suffering from a specific health condition, you should seek advice from an appropriate medical practitioner or therapist before adopting any new goods or regime.
(c) Subject to the Australian Consumer Law, we give no warranty and make no representation, express or implied, as to the suitability, adequacy, or appropriateness of the goods for you or fitness of the goods for a particular purpose.
(d) If any minor uses any product purchased through the website, it should be only after the parent or legal guardian has discussed the product with the minor’s doctor.
(a) Unless otherwise indicated, we own or license from third parties all rights, titles, and interests (including copyright, designs, patents, trademarks, and other intellectual property rights) in the Portal and in all Content.
(b) Your use of and access to the Portal and any Content does not grant or transfer any rights, title, or interest to you in relation to the Portal or the Content. However, we do grant you a licence to access the Portal and view the Content on the provisions of these Terms and as otherwise expressly authorised by us and/or our third-party licensors.
(c) You may, from time to time, provide us with ideas, know-how, methodologies, comments, or suggestions relating to the Portal and our services and products (Feedback). If you do:
(i) all intellectual property rights in the Feedback, and anything created as a result of that Feedback (including new material, enhancements, modifications, or derivative works) vest in, and are owned solely by, us; and
(ii) we may use or disclose the Feedback for any purpose.
(a) To the maximum extent permitted by the Australian Consumer Law, we make no representations or warranties, express or implied, regarding any matter including , fitness for a particular purpose or use in relation to any goods or services supplied by Skindevour.
(b) These Terms 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 goods or services pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, 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.
(c) Subject to local consumer protection laws including the Australian Consumer Law, and any rights you may have under these laws, you hereby acknowledge and agree that Skindevour and its 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, the provision of our services, including an allergic reaction, save for instances of our fraud, negligence or wilful misconduct.
Returns [Refunds / Exchanges]
When you purchase a good or service from us, you are entitled to certain guarantees under the Australian Consumer Law. These Terms cannot exclude, restrict or modify these guarantees, and such guarantees will prevail to the extent of a conflict between these Terms and the guarantees provided under the Australian Consumer Law.
(d) Subject to law, you hereby acknowledge and agree that Skindevour and its 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 services unless that allergic reaction is caused by our gross negligence or wilful negligence.
These Terms are governed by the laws of the Commonwealth of Australia, and, where applicable, the laws of the Australian State or Territory in which you Chosen Clinic is located. By agreeing to these Terms, you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State or Territory (as applicable).
We may (in our sole discretion) modify, update or replace any or all of these Terms from time to time by providing reasonable prior written notice of the update to the Terms, including details of the relevant changes.
This notice may be provided via email, SMS or a message on the Portal. Where the change materially and detrimentally affects your rights and obligations under these Terms, you will be entitled to terminate these Terms by emailing [email protected]. Continued use of the Portal, our goods and/or services following the reasonable notice period and implementation of the update shall be deemed acceptance of the new updated Terms.
Rescheduling
– We will do our best to accommodate rescheduling requests, depending on our availability.
Understanding
We understand that emergencies and unforeseen circumstances can arise, and we will take these into consideration when evaluating cancellations.
We appreciate your cooperation and understanding regarding our cancellations policy. Our goal is to provide excellent service to all our clients while maintaining the smooth operation of our business.
